ERIC Number: EJ707605
Record Type: Journal
Publication Date: 2004-Nov-1
Reference Count: N/A
Courtside: Private Effects?
Zirkel, Perry A.
Phi Delta Kappan, v86 n3 p254-255 Nov 2004
After being accused of sexually harassing a student, a high school math teacher in New York was suspended with pay pending an impartial hearing. The district allowed the teacher to return to his classroom to collect his personal effects, which he had kept in boxes, desk drawers, and three filing cabinets, one of which was locked. He did not succeed in removing all of his belongings and later claimed that the district did not return all of them to him. The teacher filed suit in federal court, claiming that the district and its administrators had violated his Fourth Amendment rights in the search and seizure of his personal items in the classroom. An examination of this case finds that the Fourth Amendment offers only limited privacy protection to what many educators mistakenly consider their own workspace.
Descriptors: Court Litigation, Constitutional Law, High School Teachers, Search and Seizure, Suspension, Sexual Harassment, Privacy, Civil Rights
Phi Delta Kappa International, Inc., 408 N. Union St., P.O. Box 789, Bloomington, IN 47402-0789. Web site: http://www.pdkintl.org.
Publication Type: Journal Articles; Reports - Descriptive
Education Level: High Schools
Authoring Institution: N/A
Identifiers - Location: New York
Identifiers - Laws, Policies, & Programs: Fourteenth Amendment; Fourth Amendment