Unit 2-Unit Exam
The questions below are comprised of either multiple-choice or fill-in-the blank type questions. In the case of the multiple choice question provide an answer from among the choices which is most correct. The total points which may be earned on this unit exam is 100.
1. Which of the following are likely to be true about the infliction of corporal punishment on students at a non-sectarian private elementary school? (a) infliction of severe corporal punishment on students by teachers for serious misconduct does not violate the Eighth Amendment’s prohibition against cruel and unusual punishment [this is true] (b) infliction of severe corporal punishment by teachers, unjustified by the infraction, may sometimes violate the due process clause, if it is severe enough [this is false] (c) notice, prior to infliction of corporal punishment upon a student’s teacher is not required by the United States constitution [this is true] (d) a, b and c are true (e) b & c are true (f) a & c are true. [7]
Note the concept here is that the U.S. constitution applies to governmental activities. Since I expressly referred to a private sectarian school the bill of rights does not obtain. The answers would of course be different if a public school was involved
2. At common law, which statements are true respecting public school teacher’s authority to inflict corporal punishment upon students? (a) teachers may corporally punish students for violations of school rules and imposition of discipline (b) corporal punishment must be administered in good faith, that is, in the belief it is in the best interests of the child (c) both a & b are true (d) neither a & b are true. [7]
Note: this is a simple restatement of the common law privilege that teacher’s enjoy respecting the discipline of students. Many states have of course altered this rule but statutory enactments.
3. Which amendment to the United States Constitution prohibits cruel and unusual punishment? The Eighth Amendment. [7]
4. Assume a state court holds that a public school official may be sued under the Eighth Amendment to the United States Constitution in state court for severely beating a student enrolled in his school. (a) Was the court’s decision correct? NO [4] (b) What case provided you the answer to this question? INGRAHAM V. WRIGHT [4]
5. Assume a student was suspended out-of-school for 15 days by her principal, but only giving the student a due process hearing on the charges [say, fighting in the cafeteria] upon her return to classes. (a) what, if anything, did the principal do wrong in the federal constitutional sense? The principal should have provided a due process hearing including notice and a hearing before the student was suspended [4] (b) on what case do you rely in coming to your conclusion? Goss v. Lopez [4]
6. Which of the following statements is/are true about federal constitutional due process in connection with student suspensions? (a) property interests are implicated within the meaning of the 14th Amendment (b) due process reduces the risk of mistakes by school administrators (c) hearings are required, but only for suspensions in excess of 10 school days (d) a, b and c are true (d) only c is true (e) only a & b are true. [7]
Suspensions implicate a state conferred property interest which cannot be taken away without the required level of due process. The Supreme Court has recognized the benefits of as pre-deprivation hearing asserting it reduces administrative error. That’s why A and B are true. C is not true because a minimal due process hearing is required even when the suspension involves fewer than 10 school days.
7. Which statement(s) represent the Supreme Court’s rationale in Ingraham v. Wright? (a) absent unusual circumstances, state tort and criminal sanctions should be adequate to protect students from excessive corporal punishment (b) federal claims may be stated against individuals, but not school districts, for violations of the cruel and unusual punishments clause of the United States constitution (c) making corporal punishment unlawful would be a serious mistake in making schools effective places of learning (d) a, b & c are true (d) a & c are true (e) only a is true. [7]
The Ingraham court made clear that the Eighth Amendment applied only in criminally related proceedings, not school civil discipline matters. Moreover, Ingraham did not distinguish between individuals and school districts in this regard. Further, the Ingraham court expressly avoided reaching the issue of whether corporal punishment was good as a matter of educational policy, contending that such matters were outside of the court’s expertise to decide. Finally, the court did not decided under what conditions force may be so excessive as to violate student rights under the substantive due process clause of the Fourteenth Amendment. .
8. Which alternative(s) below come closest to explaining the court’s decision in Franklin v. Gwinett that Title IX provides a claim for recovering monetary damages against school districts? (a) the absence of a remedy for money damages under Title IX for sexual harassment would be unconstitutional (b) where an anti-discrimination law passed by Congress does not state differently, courts have the power to award appropriate relief to remedy the violation, including monetary damages (c) both a & b are correct (d) neither a nor b is correct (d) only b is correct. [7]
Since states accept federal money they must comply with Title IX’s anti-discrimination provisions, including gender discrimination. Sexually harassment is a form of gender discrimination under Title IX. The court stated that the usual rules of interpreting a federal statute intended to prevent discrimination require the court to presume a monetary remedy, unless the statute stated otherwise, which Title IX did not do. Ergo, there is a money damages remedy.
9. Title IX is a statute passed by Congress under its so-called “Spending Clause” powers. What activity by the federal government and school districts best represents the meaning of this term? (a) the right to go to court (b) taxing power (c) acceptance of federal aid with strings attached (d) Congress’s ability to tax (e) none of the above. [7]
10. Assume a middle school student was repeatedly subjected to sexual harassment from his homeroom teacher, including forced acts of intercourse, but the student never told anyone about what happed, including his parents, members of the school teaching and administrative staff, and school board, until after the teacher’s abuse terminated. If the student, by his parents, sued under Title IX the school district where the abuse occurred and the case was dismissed, what is the most likely explanation for this result? (a) Title IX does not provide a right of action for sexual abuse by teachers (b) the abuse was not severe enough to justify the law suit (c) school officials with the power to address this problem were not given actual notice of the abuse (d) no monetary damages are available under Title IX (e) none of the above. [7]
11. List four criteria you should employ in determining whether a student who has been subjected to student on student sexual harassment may state a valid claim under Title IX? [7 points for each correct answer][only your first 4 responses will be graded]
School district receives federal financial assistance; the student gave actual notice of the harassment to a person in the district with sufficient authority to correct the harassment; the official receiving the notice or another person he notified was deliberately indifferent to the notice they received; the harassment was severe, pervasive and objective offensive; and the harassment had the effect of denying the victim of educational benefits he/she would have otherwise obtained at school.