ERIC Number: ED379750
Record Type: RIE
Publication Date: 1994-Nov
Reference Count: N/A
No-Touch Policies in the Public School Setting.
Farlow, Beverly J.
This paper provides legal information about the role of physical conduct in student-teacher, teacher-teacher, and administrator-teacher roles. The two legal theories that pertain to physical conduct in the schools are found in Title IX of the Education Amendment of 1972 and 42 U.S.C. (1983) for violations of due process and equal protection clauses. The bases for liability for physical conduct include: (1) there must be an actual or a de facto policy; (2) deliberate indifference may suffice to create liability; (3) school districts must adopt policies that pass constitutional muster; and (4) simple negligence does not constitute violation of 1983 constitutional law. Possible targets of a suit include the school district, the individual employee, or the private individual. Although student conduct is not state action, there are other types of liability. Guidelines are offered for protecting the rights of students and employees regarding the forms of physical conduct for consideration, implementation of board policy, remedial action, investigation, complaint system, procedures, and policy implementation. Common sources of liability facilitated by school officials' actions are also identified. Most involve failure to take action or concealment of the problem despite having knowledge. (LMI)
Publication Type: Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the National Organization on Legal Problems of Education (San Diego, CA, November 1994).