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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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what court cases can I cite to show nexus for school to suspend

Resolved Question:

what court cases can I cite to show nexus for school to suspend student for off campus behavior- i am from NY

also what is the state statue for conduct unbecoming a professional- failure to report child abuse?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
In NY, School Commissioner’s decisions have upheld the suspension of students for off-campus conduct (Appeal of K.S., 43 Ed Dept Rep 492, Decision No. 15,063; Appeal of Ravick, 40 id. 262, Decision No. 14,477; Appeal of Orman, 39 id. 811, Decision No. 14,389). The courts too have stated that students may be disciplined for conduct that occurred outside of the school where that conduct may endanger the health or safety of pupils within the educational system or adversely affect the educative process (Matter of Coghlan v. Bd. of Educ. of Liverpool Cent. School Dist., 262 AD2d 949, citing Pollnow v. Glennon, 594 F.Supp. 220, 224, affd 757 F.2d 496).

Under NY Social Services law, Article 6 Section 420, the Child Protective Services Code, it is a Class A misdemeanor for a mandatory reported who fails to report suspected child abuse.


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Customer: replied 5 years ago.

Dear XXXXX,

 

What if the person is a teacher and the child is a student-16? And this encounter occurred at a strip club? Can the teacher be brought up on charges as a criminal or as a state employee for behavior unbecoming? Do you know what law can I cite to uphold this?

Expert:  Law Educator, Esq. replied 5 years ago.
If the person had an improper sexual encounter with a minor this is more than just child abuse, it can be much more severe and it has nothing to do with what you can "cite" (by the way this is not a case law research service, which costs attorneys $160 per hour and up to access the data bases and is well beyond the scope of this service. This needs to be reported to the police, it has nothing to do with them being a teacher (although it puts them in a position of authority over the minor which makes the charge more severe) or a state employee. It depends on what conduct occurred with the minor at the strip club as to the exact charges.
Customer: replied 5 years ago.

poor choice of words- he was heard from another employee when mentioning the case "she gives good lap dances." so that is why i am trying to think this out for the child and possibly employee.

 

The school code of conduct does not mention these type of issues nor does the state discipline code which was why i was looking for another decision that could help give me some guidance.

 

Is there a way to not make this a criminal case for the child? Can the school be liable?

 

Expert:  Law Educator, Esq. replied 5 years ago.
If she is a minor engaging in this activity it is illegal, anything anyone does will result in criminal charges. It is also suspected abuse and any covered school employee who suspects abuse must report this to the police or they can be charged with a misdemeanor for failure to report. The school can be liable for knowing about this possible abuse situation and not reporting it so some action needs to be taken and it really is not much of a question as to that fact. It has nothing to do with the discipline code, it has to do with the Penal Code and Child Protection chapter.
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