Posts Tagged ‘schools’

A NYT school-bullying story comes under scrutiny

Last month the New York Times ran a front-page story about the plight of a Fayetteville, Ark. high school student named Billy Wolfe, who had been “a target of bullies for years”, physically and verbally brutalized by fellow students despite his family’s repeated pleas to a seemingly heedless school district for his protection. (Dan Barry, “A Boy the Bullies Love to Beat Up, Repeatedly”, Mar. 24). Billy’s parents had sued teens they said had harassed their son, and were also considering legal action against the school district.

The article generated a big reaction, especially after young Wolfe himself appeared on the Today show to discuss his plight. Most observers seemed to agree that the harrowing tale lent credence to the whole idea of using lawsuits as a way of responding to bullying in schoolyards, Facebook, etc. — an idea that, coincidentally or otherwise, is the subject of an increasingly visible campaign these days. Even as level-headed an educational observer as Joanne Jacobs wrote on her blog, “Normally, I’m anti-lawsuit, but this may be the only way to bully the bullies and the principal to crack down.” Huffington Post writer Jonathan Fast cited the article as evidence that schools should adopt “zero tolerance” policies on bullying. Some of the many other blog reactions are assembled here (e.g.: Marcotte, Greenfield, DadTalk, The Common Room).

Could there be another side of the story, you may wonder? Well, as a matter of fact, there is. To find it you need to consult the local paper, the Northwest Arkansas Times (Scott F. Davis and Dustin Tracy, “Who’s the bully?: Police, school records raise questions about claims made by Fayetteville High student”, Apr. 3)(via Childs). One may argue about whether Wolfe’s own alleged exploits in victimizing other kids, as catalogued in the NWAT article, will or should affect the disposition of his family’s legal claims. What seems beyond dispute is that the NYT’s story would have been very different in the emotional reactions it evoked — and much less effective in promoting the particular “cause” it was advancing — had it included that other side of the story.

More/updates: Word Around the Net, Val’s Bien, Pennywit @ Likelihood of Success, Joanne Jacobs, Crime & Consequences, Kierkegaard Lives. The Arkansas Democrat-Gazette notes that Arkansas already has an unusually strong anti-“cyberbullying” law which “requires school districts to adopt discipline policies banning harmful and disruptive online behavior”, despite misgivings from civil libertarians about official penalties based on students’ out-of-school speech: Evie Blad, “School bullies move online; rules tricky to write, enforce”, Apr. 6. And Scott Greenfield minces no words:

…what is the New York Times thinking? To have its knees cut off by its Northwest Arkansas namesake is humiliating, but to be shown up as deceptive fundamentally undermines its credibility. Without credibility, the Times is just a dog-trainers best friend and a tree’s worst nightmare. …

The failure of the New York Times to present a full and accurate account of the Billy Wolfe story is disgraceful and unacceptable. … If you’re going to put an article on the front page with a big picture, don’t blow it. The Times did. They should be ashamed.

And in our comments section, Ole Miss lawprof Paul Secunda provides the Wolfe family’s response to the NWAT coverage. Update Apr. 24: Jay Greene weighs in.

Miami archdiocese liable for students’ at-home drinking party

A jury held Archbishop Coleman Carroll High School liable for $14 million on the theory that its officials knew of an underage drinking party to be held at the home of two students, but did not notify authorities. Two of the drunken revelers sped off into a single-car accident in which one was killed. (Adam H. Beasley, “School found negligent in booze party crash”, Miami Herald, Mar. 31).

Suing teachers in Canada

“A British Columbia father has sued his son’s Grade 2 Montessori teacher claiming that she ‘purposely and maliciously worked to damage the self-esteem’ of his son over such things as failing to encourage the child’s spelling, not sending home a daily homework list and, in one case, displaying an unfinished poem in the school hallway. …Similar issues will arise in a Montreal courtroom next Tuesday, when a teacher at Westmount’s prestigious Roslyn School will face the first of two lawsuits by aggrieved parents.” Canada’s National Post is kind enough to quote me on the U.S.-style trend (Zosia Bielski, “The new golden rule”, National Post, Mar. 20).

Legal hazards of waking students

15-year-old Vinicios Robacher says he was snoozing away in class when teacher Melisssa Nadeau chose to rouse him abruptly by slamming her hand down on his desk. That rude awakening resulted in pain and “very severe injuries to his left eardrum”, according to the pre-lawsuit complaint filed by his lawyer, Alan Barry, with officials in Danbury, Ct. (“Danbury student suing after being awakened by teacher”, AP/WTNH, Mar. 13).

Homeschooling ban in California?

“Parents who lack teaching credentials cannot educate their children at home, according to a state appellate court ruling that is sending waves of fear through California’s home schooling families.” (Seema Mehta and Mitchell Landsberg, “Ruling seen as a threat to many home-schooling families”, Los Angeles Times, Mar. 6)(via Malkin). More: Katherine Mangu-Ward, Reason “Hit and Run”.

More: Gabriel Malor at Ace of Spades writes that this is a false alarm and that the L.A. Times account misses crucial elements of the case which distinguish the family under review from homeschoolers generally. But the normally well-informed Bob Egelko of the San Francisco Chronicle sums up the case in terms much like those of the L.A. Times, as imperiling the legality of all arrangements in which children are not taught by credentialed tutors or at accredited or public schools. More: Betsy Newmark, Protein Wisdom, Eugene Volokh, Hans Bader @ CEI, Time.

And an update from Egelko, “Homeschoolers’ setback sends shock waves through state“: “A California appeals court ruling clamping down on homeschooling by parents without teaching credentials sent shock waves across the state this week, leaving an estimated 166,000 children as possible truants and their parents at risk of prosecution. The homeschooling movement never saw the case coming. …The ruling was applauded by a director for the state’s largest teachers union.”

Update Aug. 9: appeals court reverses itself.

Fourth graders told: don’t “spill” to the cops

Kwitcher snitchin’, and your confessin’ too: The Southwest Juvenile Defender Center runs a visit-the-schools program called “Why a Lawyer” which is “one of several such programs taught in schools and detention facilities throughout the country by groups worried that children don’t know their basic rights — including the right to remain silent.” At the private Shlenker School in Houston, fourth graders were asked to answer questions from a “police officer” (played by a University of Houston law student) about a prank call to a neighbor’s house. The student who said least was then singled out for praise for not “spill[ing] her guts”. When questioned by cops who are responding to reports of mischief, it seems, the recommended approach for preteens is “Give your name, your age and then ask for an attorney and ask for your parent.” Malikah Marrus, a researcher for the U-of-H-based Defender Center, complains that it’s an uphill battle getting kids to clam up when questioned by the authorities: “Their impulsive behavior gets them to spill their guts right away.” (Sarah Viren, “Programs teach legal rights to elementary school pupils”, Houston Chronicle, Feb. 14).

“38 lacrosse players sue Duke University”

Inevitably so? Maybe not. As longterm readers will recall, we were early and vocal among those calling attention to the legal travesty that was the Nifong prosecution, but it’s quite a jump from there to the proposition that the taxpayers of Durham, the university and its president Richard Brodhead personally should fork over money for emotional distress damages to, say, students never prosecuted at all and family members, who comprise the plaintiffs in this new case. (Kristen M. Daum, Newsday, Feb. 21; Bob Van Voris, “Duke Lacrosse Players to Sue School Over Rape Probe”, Bloomberg, Feb. 21; Malkin). The plaintiffs have a website here. (Corrected to fix misstatement on identity of plaintiffs. And broken link now fixed).

More: James Taranto at the WSJ quotes the Raleigh News & Observer under the heading “Yoo Hoo! Over Here! Ignore Us Please!”:

*** QUOTE ***The latest Duke lacrosse suit got off to a big start Thursday with publicists, lawyers of national renown, a media blitz at the National Press Club and a lawsuit with its own Web site.

The 38 members of the 2006 Duke lacrosse team who filed the suit in federal court say their reputations were damaged by their association to an escort service dancer’s phony gang-rape allegations.

The players chose not to appear at the news conference, said Bob Bork Jr., the group’s hired publicist, because they don’t want to attract attention.

*** END QUOTE ***

If they didn’t want to attract attention, it might have made more sense not to call a press conference. Or, if they had already called it and felt they had no choice but to go through with it, maybe they could have created a diversion by having a stripper show up or something.

The News & Observer also notes at the end of its article:

Only three members of the 2006 team have not filed suit — Matt Zash, a former captain; Matt Danowski, the current coach’s son, and Kevin Mayer.

And more: Bob Bork, Jr. writes to say he was misquoted in the News & Observer report, and says the following is a transcript of what he did say about the players’ absence:

One final comment before we start. None of the 38 players who are filing this lawsuit are here today. They considered participating, but many have jobs and some are still students and lacrosse team members at Duke. One is in Army Ranger school preparing to deploy to Iraq.

Know this — the players are united behind this lawsuit. At the same time that they are understandably concerned about retribution and slanderous media coverage. Who can blame them after what they endured for 13 months in 2006 and 2007. They are walking a fine line between trying to live normal lives in the wake of an unspeakable trauma and at the same time trying to get answers to questions that remain unanswered by their university.

U.K.: A one-man bias-suit industry

“For a decade [Suresh Deman] sued universities – usually claiming racial bias over failed job applications – as he collected nearly £200,000 in payouts and cost the taxpayer an estimated £1million”. After he had brought 40 actions he was declared a vexatious litigant and banned from further proceedings, but the ban did not cover Northern Ireland and he was soon there pursuing an 11-year-old claim against the Association of University Teachers and Officers (AUT). (Chris Brooke, “Race-claims lecturer beats legal ban to carry on suing after 40 discrimination claims”, Daily Mail (U.K.), Nov. 19; A Tangled Web, Nov. 19; “In the news: Suresh Deman”, Times Higher Education Supplement, Mar. 21, 2003).

Update: received on Oct. 5, 2015, via comment form from a commenter giving the name of “C Kumar”:

In 2007 a leading national newspapers published defamatory material by putting me into negative light. Initial persuasion with the editor to retract and tender an apology did not work, so matter went to the High Court. After 8 years, persistence paid off and I was vindicated with an agreement to publish an apology as follows:

“In the editions of 21st and 28 January 2007 we published articles entitled, “De-Man for race pay outs” and “De-Man for race compensation is back in Ulster” concerning a Industrial Tribunal cases taken in Northern Ireland by Dr Suresh Deman, on the basis that he suffered discrimination in his employment.
The articles wrongly characterized him as “De-Man” and claimed that Dr Deman was barred from instituting the proceedings in Northern Ireland and did not provide Dr Deman the opportunity to comment on the their content. We are happy to clarify this and apologies to Dr Deman for our error….”