ERIC Number: ED169657
Record Type: RIE
Publication Date: 1978
Reference Count: N/A
Negative Statements in Letters of Recommendation: From Defamation to Defense.
Clear, Delbert K.
Using a 1974 case in a Wisconsin court--Burish v. Rice--as a case study, this paper describes how educators can write letters of recommendation that are both educationally sound and legally defensible. The paper states that writers of negative recommendations must be ready to meet the tests of defense against libel and slander, which are truth and privilege, in order to protect their remarks in defamation actions. Finally, it discusses tests that determine whether conditional privilege has been abused. (Author/LD)
Descriptors: Court Litigation, Elementary Secondary Education, Letters (Correspondence), Teacher Evaluation
Not available separately; See EA 011 530
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Burish v Rice
Note: Chapter 22 of "School Law Update--1977" (EA 011 530); for related documents, see EA 011 530-556