Can you please give me some key take away from this article? Johnny is entitled
ID: 397548 • Letter: C
Question
Can you please give me some key take away from this article?
Johnny is entitled to due process of the law, which according to the United States Constitution states he is accorded “the same rights as adults and these do not end at the schoolhouse door” as was decided by the 1960’s Tinker case. Specifically, Johnny is entitled to Procedural due process, he and his parents/guardians must at least be given official/proper notification of the punishment and given time to defend himself before the punishment can be carried out. This procedure is in place to prevent arbitrary and capricious action by the school.
If I were the administrator in this situation, I would follow the necessary guidelines for carrying out the punishment. First, I would notify Johnny and his parents/guardians of the punishment and reasons for the punishment in a written statement, this statement would also include evidence of the events that led to the suspension, as well as witnesses who could attest to the actions and the disruption caused by them, and also a written informative of their Fourteenth Amendment rights regarding substantive and procedural due process. The statement would also include evidence that the disruptive behavior caused by Johnny infringed on the rights of his classmates to a meaningful education because his behavior disrupted the class therefore impeded on their ability to learn. If necessary, I will contact the district attorney to ensure all proper procedures have taken place and all appropriate information has been given to Johnny and his family.
The administrative implications of this situation show that it is the responsibility of the administration team/school to ensure that all proper and legal steps are taken in a situation when punishments must be carried out due to behavioral problems/misconduct. The school must be certain that all legalities are followed properly to ensure that the rights of the students are protected as well as the rights of the school to carry out punishments as needed. Without following the proper steps, the school/administration could be help liable for any infringements on the rights of the students and therefore open to being sued in a court of law. It is imperative that administrators be clear on the proper procedures that must be followed when a situation like Johnny’s arises.
Explanation / Answer
Key take away from the articles are,
- Every individual should be treated in a same way irrespective of the adult or a student and have same set of rights
- Some of the required guidelines to follow as an administrator for the fulfillment of the punishment are, such as, there should be a written statement along with the proper proofs, contact the attorney if needed and provide the appropriate details to the defaulters
- It is important to ensure all the legal aspects are covered to protect the rights of the both the parties in this case it is school and student
- Clear procedures to be followed.