Associate Level Material
Appendix C

Rights and Responsibilities of Educators and Students

Perform a search in the University Library databases and locate four school-related court cases (with outcomes decided), two which involve educators as defendants and two which involve students as defendants. Fill in the table below. When you give your informed opinion, state and discuss whether you agree or disagree with the outcome. Base your opinion on legal and ethical standards as discussed in Ch. 9 of the text. If you do not agree with the outcome, explain what would have been just. Base your explanation upon the rights and responsibilities of those involved. Cite your sources in APA format below the table.

Name and Date of Case
Brief Overview of Case and Outcome
Your Informed Opinion
Case 1: Educator as Defendant

Name of Case:
Gace v. Kent State University, No. 08AP-1080 (Ohio Ct. App. 12/29/09)

Approximate Date(s):
12/29/09
A cheerleader, Grace, received injuries after practicing a cheer stunt, spotter did not catch her, and she was suing for negligence. The courts found in favor of the university because the cheerleader should have assumed the risk involved with the recreational sport that she was involved in.
I do agree with the outcome of this case because the student had been informed of the possible risks that the recreational sport involved. Negligence could not be found because it was not an injury that was caused by the lack supervision or attempts to avoid injury by a teacher or coach. Sometimes even with the best supervision and precautions accidents do still take place.
Case 2: Educator as Defendant

Name of Case:
Moening v. Univ. of Toledo, No. 2005-09774

Approximate Date(s):
2006
Student blames the university for getting hurt after leaving his seat to join in a party on the football field after the game. The student was not invited so the school claims that he was trespassing. The courts find that the students have assumed some risk in his actions so they found in favor of the university.
I agree with the outcome of this case. The student was not invited to be on the football field nor did he have permission to do so. It is unfortunate that he received injury from the goal post that was on the field but that was a result in poor choices that he made on his own. The school should not be responsible or found negligent because they could not foresee the actions of the student and the fence that he jumped to get to the football field was used in attempt to keep students safe from being on the field.
Case 3: Student as Defendant

Name of Case:
De Mino v. Chu

Approximate Date(s):
2005
A professor, De Mino, filed suit against a student, Chu, for interrupting with his employment because the student had gone to the university and notified them of sexual harassment that had taken place by the professor. The courts found in favor of the student as she was exercising her legal rights in reporting the sexual harassment.
I do agree with the outcome of this case. The student exercised her rights and did the right thing by notifying the school of the sexual harassment that was taking place by the professor.
Case 4: Student as Defendant

Name of Case:
Cook v. Bray

Approximate Date(s):
1995
A teacher,