The law of due process simply mean educators accused of something have protection. The protection should be fair and reasonable to balance social concern such as government affair and criminal behavior. The employee rights originated from state and federal constitutional provisions, statues, and regulations. The Civil Rights Act of 1964 protects educators employed in private or public schools (Oliva, 2009). In addition, the equal protection clause of the Fourteenth Amendment protects educators from discrimination; amended in 1972 to include educational institutions (Dhanoa and Kleiner, 2000). The response to the discussion question is to identify and examine components essential to due process documentation, protocol, and procedures.
Due Process Protocol
A due process protocol for mediation and arbitration of statutory employment disputes has a meeting before the Superintendent. The defendant receives legal notice (summons) or documents (process) of a court to enable the person to respond to court or tribunal. The teacher union, such as American Federation of Teacher Union (AFT) require representative receive notification as well attend the meeting. It is often with teacher union protection and tenure, underperforming teachers are hard to terminate. This protocol provides a prompt, inexpensive, and fair enforcement of the dispute (Nolan, 2008). The arbitration agreement should be timely because of conflicting interest with counsel to represent employee rights (Dhanoa & Kleiner, 2000). In addition, discuss fees for counsel especially for lower paid employee. The arbitrator is a neutral person with knowledge and skills to conduct the hearing. Employee should have access to documentation (teacher evaluation) present...
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... rights and makes sure that there is a fair and reasonable cause for underperforming teachers. Many teachers dismissed through due process may exhibit poor classroom performance. In addition, behaviors and issues connected to minimal contractual responsibility in the classroom are reasons for dismissal as well in schools. The due process law has changed the justice system to have a fair, public trial and rights to be heard.
Works Cited
Dhanoa, D. S. & Kleiner, B. H. (2000). "How to conduct due process discipline"
Management Research News, Vol. 23 Iss: 7/8, pp.89 – 94. Retrieved from http://search.proquest.com
Nolan, J. F. (2008). Teacher supervision and evaluation: Theory into practice 2nd ed. Hoboken,
NJ: John Wiley & Son, Inc.
Oliva, P. (2009). Developing the curriculum for educational management corporation. Garland,
TX: Addison Wesley.
The due process model commands a “formal, adjudicative fact-finding process in which cases against suspects are heard publicly by impartial trial courts” (Bohm & Haley, 2012 p 17). This approach to the criminal justice system identifies each case as unique and therefore treats them as such. By holding accountable each participant, and providing the suspect with the ability to question the means by
Holley, Jr., W., Jennings, K. & Wolters, R. (2012). The labor relations process. (10th ed.). Fort
Pressman, R., & Weinstein, S. (1990). Procedural Due Process Right in Students discipline. Cambridge , Massachusetts: Center for Law and Education.
The Motion for a New Trial requests that the Court determine whether the Government violated the Nanda Defendants’ Fifth Amendment Right to Due Process by introducing false evidence or withholding material evidence at trial to warrant the Court to grant the motion for a new trial.
Lane, Kenneth, Mary Jane Connelly, Julie Mead, Mark Gooden, and Suzanne Eckes, eds. The Principal’s Legal Handbook. 3rd ed. Dayton: Educational Law Association, 2005. 34-57.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
The steps to due process, is that before a student can be suspended from school because of a wrongdoing; they must be given the right to an informal hearing that discusses the accusations and evidence against them which resulted in a disciplinary suspension. Moreover, if a student is facing expulsion the student is entitled to a formal hearing before a neutral body, and the student may have a lawyer and who can cross examine witnesses. Furthermore, students facing these disciplinary actions have a right to remain silent, and do not have to answer any questions without an attorney.
Ted Bundy Abbie Springer Serial killer, not really a phrase that pops into your head when you think about the “hippy” era of the 1970’s, when everything was laid back, all about happiness, and peace. Ted Bundy managed to disrupt these ideals and change ever so slightly the way people remembered a time once so focused on world peace. Ted Bundy: Who was he, what was his childhood like, what were his interests, and what led him to pursue these horrid acts? These are all the things you need to learn to try and understand when it comes to understanding killers and their motives. Bundy was born November 24th, 1946 in Burlington, Vermont to a woman who was so embarrassed of him he grew up calling her his sister.
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
Such as police officers, judges, law creators, the congress and so forth. Another similarity that due process and the rule of law have in common is that they both have two categories of context explaining two different sides of the spectrum of each procedure needed in the justice system. The rule of law and due process are very crucial functions of justice. The function that should always be necessary and should always apply to the justice system would be the due process function. It applies better because of the fact that no one’s personal rights should ever be violated in order to prosecute someone. Every individual is entitled to their rights and freedoms and is able to challenge the law if their right was violated when they were being searched, arrested, or tried or possible even sentenced. That is why I believe that due process has a greater need in the justice system then the rule of law. The rule of law is very important in the justice system also, as it comes down to which one I firmly believe reflects and protects what the justice system is all about it is due
A due process hearing is a formal, legal procedure conducted by an administrative law judge. It is the state board of education which has established a mediation process as a part of the due process provision required in accordance with Public Law 94- 142. It is a formal way of resolving disputes with a school about your child's education. But the due process complaint can be filed only for special education disputes and not for general education issues (Yell, & Rogers, 1998)
... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.
The Due Process relies on the courts to make it more difficult to be proven guilty. The pros of the Due Process is that you are protected regardless of the race, gender or ethnic background. Yet most individuals
Gies, T. P., & Bagley, A. W. (2013). Mandatory arbitration of employment disputes: What's new and what's next?. Employee Relations Law Journal, 39(3), 22-33.