BlackShanglan
Silver-Tongued Papist
- Joined
- Jul 7, 2004
- Posts
- 16,888
R. Richard said:Actually, some thought might be given to the third party involved in the matter, the children. Frequently the teacher who has 'inappropriate relations' with one child hits on several children, before the actual damage is done. The offenses are frequently quite simple to prove. However, the schools don't like to undermine their own image.
Cobblers. Unless the alleged actions took place in view of a video camera, it's he said / she said in a court of law. That's the problem with this sort of offense. You can have a situation in which common sense clearly says one thing, but proof beyond a reasonable doubt won't support it. Knowing that a thing is true and proving it are two quite different matters. Insinuating that I gave no thought to the children is insulting and ridiculous. My point was that precisely because the children have to be protected, this situation is a nightmare because it's very difficult to take action that will stand up in law.
If there is sufficient evidence, the matter is quite simple.
Yes, under those circumstances everything is simple. However, my post referred to those instances when, as with Vick's current situation with his employers, there is strong suspicion but no legal decision yet available or no proof that would meet the "beyond a reasonable doubt" standard.
There are basically four parties to a legal action. On the one side is the school and the children. On the other side is the teacher and the teacher's union. If there is sufficient evidence, as is frequently the case, the teacher can be taken down hard and the union can pay damages. However, most schools lack the guts to pursue legal action to protect the students under their care. JMNTHO.
No, most schools lack the resources to mount 24-hour watch on members of their faculty, or to fight a legal case in which, without concrete evidence that the crime has been committed, they are likely to lose - and the money they lose, as they are all too aware, belongs to those students whom they are attempting to protect and educate. One mis-timed firing that goes badly in court, however sincerely the administrators might believe the allegations to be true, and however true but unsupported by concrete evidence they might be, can wipe half a year's operating expenses out of the budget.
The problem at heart is this. Our hearts tell us to use the "reasonable person" standard. If a reasonable person would look at the evidence and conclude that the allegations were true, we want that teacher out. However, administrators are aware that when it comes to charging the teacher with a crime, the police must use the "beyond a reasonable doubt" standard, which applies to all criminal courts. This is a higher standard of evidence and more difficult to prove. Because these different evidentiary standards exist, there will always be circumstances in which most people believe that someone has committed a crime, but no one can prove it to the standard required by the criminal courts. Without a conviction or, as will often be the case if there is not enough evidence from the point of view of the police, without even an arrest, the school will have difficulty proving that a termination was warranted.
Before you blame schools for a lack of guts, ask yourself whether you'd be willing to gamble half of your own yearly budget on a charge that, if not proved, would not only cost you the money but also result in absolutely nothing being done to stop the problem.