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analyze the regulatory mandates and case law to respond to the potential legal problem(s)

June 30, 2021
Christopher R. Teeple

Post: Candidates will read Chapter 7 in Stader and their assigned Case Scenario. Candidates will provide a comprehensive post that incorporates a response to the question(s) outlined in the scenario. The post should (a) analyze the regulatory mandates and case law to respond to the potential legal problem(s), (b) incorporate scholarly arguments supported by academic resources to support your actions, (c) include the ways that the case scenario illustrates the issues of school safety and the legal significance for a school, and (d) identify ethical dilemmas and guidelines.
Scenario 1: You are a principal and have been dealing with an incident between two students. A fifth-grade female has reported a number of incidents of inappropriate behavior over the past six months by a boy in her class. The girl reported that the boy attempted to touch her breasts and genital area and made vulgar statements such as “I want to go to bed with you.” The boy is also alleged to have made sexually suggestive movements. These incidents are alleged to have occurred in the regular classroom and in the gym during physical education class. You have investigated each of these incidents and found neither a teacher nor any eyewitnesses to confirm the girl’s story. In addition, the boy denies any wrongdoing. You have warned the boy to stop any improper behavior and to stay away from the girl. You have also asked the staff to “watch out” for any bad behavior on the boy’s part, but have received no reports. The girl’s family asked to have her separated from the boy, but that would not be easy to do, and your policy does not allow for student transfers unless an actual assault has occurred. You feel you have done all you can do without taking the girl’s word over the boy’s. Further, teachers have told you that the girl has a history of “embellishing her stories.” Your experience in the elementary school has taught you that “boys will be boys” and that this behavior is typical childish behavior that usually goes away if you ignore it and let it run its course. You have noticed that the girl’s grades have dropped in the last term. What are the principal’s best actions and what court cases are most applicable to address this situation?

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