Short Answer Responses Essay Example | Topics and Well Written Essays - 750 words

Short Answer Responses - Essay Example speech, privacy and the right to a fair hearing and the opportunity to counter the allegations of incompetence and inappropriate remarks are the substantive rights that require protection. 2. Due process under the 5th and 14th Amendment apply in Situation B because the teacher is tenured and property rights are at stake. To this end the dismissal essential deprives the teacher of his property rights and to do so requires that the authorities take certain fair procedural steps as provided for under the US Constitution. The mode of action taken must commensurate with the interest the interest protected. To this end, deprivation of job security should entail an opportunity to respond to the allegations giving rise to the action plan and the dismissal, an opportunity to be heard on the issues and right to appeal any decision. These procedural rights are measured against the school’s interest and the welfare of the students and will only be protected to such an extent that they do not compromise school policy and the welfare of the students. 3. Virginia Code SS 63.2-1503, 63.2-1505 and 63.2-1516.1 apply to situation B. Virginia Code SS 63.2.1503 requires investigation by School officials of suspected incidents of child neglect and abuse. In this case the teacher has been accused of Child neglect with respect to his method of teaching and making inappropriate comments to the children. This invokes Virginia Code SS 63.2.1502. Virginia Code 63.2-1505 requires that the person/teacher investigated be notified of the complaint investigation. In other words a fair protocol regarding employment greivances is required to be followed. If the matter goes to court, the codes may be invoked by the plaintiff to counter any claims by the defendant that he was denied procedural due process. 4. Title VI and IX of the Civil Rights Act 1964 as amended does not arise in the case in Situation B. Title VI arises in instances where the application of public funds is