2. God’s Law above all
Teachers can, by issue of the authority
given them, and the students being
subject to them, think that they can inflict
emotional distress, create physical hurt,
defame, or commit sexual misconduct.
These teachers forget that they are under
God and under the laws of the state.
3. God’s Law
As explained by the Heidelberg Catechism
(under the 6th commandment)
“That neither in thoughts, nor words, nor
gestures, much less in deeds, I dishonor, hate,
wound, or kill my neighbor, but myself or by
another; but that I lay aside all desire for
revenge…”
“…but to show patience, peace, meekness,
mercy, and all kindness towards him, and
prevent his hurt as much as in us lies; and that
we do good, even to our enemies.”
4. Laws of the State
Unprofessional Conduct: Non-public school are
not allowed to hire teachers who refuse to sign a
document requesting information on
unprofessional conduct.
Statue of Limitations: Except in cases of medical
malpractice or wrongful death, minors have one
year after their 18th birthday to file suit.
Paul D. Coverdell Teacher Protection Act of 2001:
Teachers may be sued for intentional or criminal
neglect or gross negligence.
5. Cases of Private Law w.r.t.
Teacher Misconduct
Many, many cases of sexual abuse by priests
in Catholic schools…many of which were
dismissed because of the statue of limitations.
Today, things are different. More people
have come forward and many priests are in
jail because of their crimes.
Implications for Plymouth Christian: 1) If
charges are brought, suspend the teacher till
further investigation. 2) Never try to cover up
the crime.
6. Cases Continued…
Demeyer v. Archdiocese of Detroit
Finding: Catholic school student who
alleged that he suppressed memories
of abuse by a priest…dismissed as
untimely.
The Case: A student filed suit in 1993
that during the time in this school
(1972-1981), he was sexually assaulted
on many occasions.
Implications for Plymouth Christian:
Students need to be reminded to
come forward right away so crimes
can be dealt with and perpetrators
be given justice. Abuse often comes
from people they know very well.
7. Cases of Private Law w.r.t.
Teacher Misconduct
Morrone v. Prestonwood Christian Academy
Finding: Parents could not sue a teacher for abuse that caused
posttraumatic stress disorder because they could not prove it was
intentional.
The Case: This Texas Kindergartner attended a Christian school. By
October, her mother thought she seemed unhappy. By
December, she was having nightmares, wetting the bed, and
showing serious signs of anxiety. A teacher aide had complained
to the principal, but since there were no other complaints, the
school could not be sued for negligent hiring or retention and the
teacher could not be sued because she was protected under the
federal Paul D. Coverdell Teacher Protection Act of 2001.
Implications for Plymouth Christian: All teacher complaints should
be investigated. If found true, they should go in the teacher file.
Corrective action should be taken if there is possible redemption.
The teacher should be let go if they do not change.
8. Cases of Private Law w.r.t.
Teacher Misconduct
Boone v. Reese p. 307
Finding: Assigning nicknames to freshmen does not indicate
slander and a teacher may use physical contact in school
discipline
The Case: A student with a congenital heart defect had a
medical excuse from doctor to not participate in PE in grades K-
8. In grade 9, the student did not obtain a medical excuse, so
he was told to just walk around during classes. Apparently, the
student was disrespectful as well. The teacher called him “heart
man” or “heart attack” for a nickname. When the student
refused to walk, the teacher grabbed him and pushed him. The
parents sued the school board for slander and assault and
battery claims. Both charges were dismissed.
Implications for Plymouth Christian: Our Christian duty is to not
use nicknames whether or not this is allowed by the courts or no.
Teachers may use “all reasonable force” in an altercation, but to
save trouble, teachers should leave their hand off students.
9. Cases of Private Law w.r.t.
Teacher Misconduct
Frame v. Comeaux p,308
Finding: A teacher who bruised a student while physically
removing him from the classroom was found to have used
reasonable force under the circumstances.
The Case: A substitute teacher dismisses several disruptive
students. They complied. When another student spoke
aloud during a test, he was told to leave twice. He did not.
As the student stood up to face the teacher, the teacher
grabbed his arm and pushed him up the aisle toward the
door. The student hit the podium and blackboard.
Minimal bruising occurred.
Implications for Plymouth Christian: My staff should avoid
removing a student from class physically, but reasonable
force is allowed in or der to maintain discipline. This should
be used as a last resort. Avoid touching students!
10. Cases of Private Law w.r.t.
Teacher Misconduct
Forester v. State
Finding: A university instructor’s physical assault of a
student does not result in school liability because the
conduct was outside the scope of employment and the
school did not authorize the use of violence.
The Case: A New York University student enrolled in a
summer session karate course. When the instructor ask
this student to do a reverse push-up, the student refused.
The instructor struck him several times. The student was
taken to the hospital. The student sued the school
saying it was assault.
Implications for Plymouth Christian: Plymouth Christian is
not considered liable in a suit if: 1) The instructor is and
independent contractor or 2) The school never
authorizes violence in its faculty manual.
11. Annotated Bibliography
Wheeler, E. (2009). Private School Law in America: 21st Edition.
Malvern, Pennsylvania: Center for Education & Employment Law.
The Bible (KJV)
De Bres, Guido (1567) The Heidelberg Catechism.
Paige, R. (2004) Policy and Program Studies. Education Sexual
Misconduct: A Synthesis of Existing Literature. U.S. Department of
Education.
Michigan Department of Education (2011). Nonpublic and Home
School Information. Retrieved July 25, 2012 from
http://www.michigan.gov/documents/Info2005_132227_7.pdf
Edgar Snyder & Associates . Michigan Statue of Limitation.
Retrieved July 24, 2012 from
http://www.edgarsnyder.com/statute-limitations/michigan.html
