Nathan L. Essex

Auditing the Compensation Function for Race- and Sex-Based Salary Differences: Further Needed Refinements

Building on their previous research (reported in this journal), the authors determined that path analysis is a viable analytical tool that can help managers develop a legally defensible compensation program.

Intrusive Searches Can Prove Troublesome for Public School Officials

Based on the U.S. Supreme Courts ruling in New Jersey v. TLO, 469 U.S. 325, 105 S.Ct. 733 (1985), public school officials acting in loco parentis (in place of parent) have the right to initiate a search based on reasonable suspicion. Reasonable suspicion is established when school officials have some evidence regarding a particular situation, including background information on a student, that would lead them to believe that their search would uncover a violation of school rules (Alexander and Alexander 1998). It is also established based on information received from students or school personnel; as long as the informant is known rather than anonymous and the information seems credible, administrative action will generally be supported by the courts. However, the Fourth Amendment to the U.S. Constitution protects all citizens against unreasonable search and seizure. Because students enjoy the same constitutional rights as adults, they are granted protection against unreasonable search and seizure in public schools. School officials face the delicate task of balancing a students individual right to Fourth Amendment protection against their duty to provide a safe and secure environment for all students--a major challenge in cases involving intrusive searches.

Hazing in public schools: a liability challenge for school leaders

Abstract Hazing in public schools is a significant problem that may result in serious physical or emotional harm to students who are victims. According to experts in the field, each year more than 1,500,000 American students become new hazing victims. Hazing also results in legal challenges for school personnel. The courts consider public schools to be safe places where teaching and learning occur in a peaceful environment. Thus, school personnel have a leading responsibility to protect the safety of students under the functional custody of their schools. Hazing activities, if not checked, pose a threat to the health and safety of students. Hazing by its very nature is a private act. Consequently, a significant number of hazing acts goes unreported. Hazing has become so prevalent that it has prompted 44 states to pass legislation banning it. Despite anti-hazing laws, hazing continues to occur among athletes, peer groups, gangs, and other schools clubs and organizations. Hazing creates stress, anxiety, intimidation, and often results in physical and emotional harm to victims. Well-defined policies prohibiting hazing and proper procedures for reporting hazing coupled with vigilance by school personnel in monitoring student activities may greatly reduce hazing incidents and minimize potential liability claims for school personnel.

Ten Ways to Avoid Costly Litigation for Illegal School Searches.

earch and seizure continues to be a highly volatile S issue in education. Perhaps no single issue is more disputed than the right of students to be free from unreasonable search by school authorities. To search or not to search a pupil’s locker, desk, purse, and automobile on school premises presents a perplexing problem for educators. Basic to this issue is the question of precisely what constitutes a reasonable search. The reasonableness of the search becomes the critical issue in cases where students claim injury from illegal searches.

Speaking Out: The Teacher and Malpractice: Ten Ways to Invite a Lawsuit

Comments on the emerging concept in education of teacher malpractice, and identifies ten ways that teachers can be assured of entertaining a lawsuit in situations involving academic injury to students. (NKA) Language: en

Better Leadership Through Effective Communication of Board Policies, Procedures

Administrators can avoid legal and personnel problems by en suring that staff, students, and parents clearly understand school board policies and procedures.