Detecting and punishing violations of research integrity requires first having to prove them. However, establishing proof of research misconduct presents a number of challenges. Firstly, it has to be conducted in a variety of contexts, including before research integrity officers, university disciplinary committees, civil courts, criminal courts,…

During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…

There is no evidence that physically restraining or putting children in unsupervised seclusion in the K-12 school system provides any educational or therapeutic benefit to a child. In fact, use of either seclusion or restraints in non-emergency situations poses significant physical and psychological danger to students. Yet the first round of data…

Educational leaders have a substantial degree of control over students and generally have a tremendous influence on the decisions that they make. District administrators are already involved in comprehensive efforts to stem sexual harassment, teen violence and bullying; therefore, they may be well positioned to identify and address the problem of…

The paper estimates the response of student truancy and long-run labor market outcomes to discipline policies in middle and secondary school. Simultaneous determination of student behaviors and school policies motivates an instrumental variables strategy. Because judicial climate influences administrators' fear of discipline-related lawsuits,…

Conduct officers have been moving away from the legalistic disciplinary systems that colleges built in the latter half of the 20th century on the belief that they'd lose lawsuits without them. Confident now that judges won't expect those systems to conform to the rules of criminal procedure, colleges are making hearings less like trials, and more…

School discipline is a critical area for research, as student interaction with school institutional authority is one of the primary mechanisms whereby young people come into contact with and internalize societal norms, values, and rules. It is thus significant that the number of cases reaching state and federal appellate courts has surged back up…

This was a purposeful, qualitative, historical and document-based research study that investigated the trends and outcomes of the legal issues relating to teacher dismissal for "immorality". The study included 114 cases over a 30-year period spanning from 1977-2007. Federal and state level law cases were researched to determine the ruling of…

Cyberbullying involves repeated and unwanted aggressive behavior using the Internet, cell phones or other digital devices and is used to hurt or embarrass another person. The National Crime Prevention Council found that 43% of teens had experienced some form of cyberbullying in the past year and that cyberbullying is most common among 15-16 year…

Discusses the conditions which must exist prior to the justifiable use of a temporary suspension. Examines three court cases in which its limits were defined and discusses some problems which have not yet been resolved. (HMV)

Suggests methods by which school administrators can avoid lawsuits and can provide due process procedures within the school. (NQ)

An examination of disciplinary guidelines indicates that school officials are held to a higher standard of proof in disciplinary proceedings involving students with disabilities. Principals have considerable leeway for short-term disciplinary exclusions, and for excluding any students bringing firearms to school. Preventive measures are best for…

Noting that counselors are seldom able to give legal advice or information to counselors, the author discusses those parts of the federal and state constitutions that deal with due process along with court cases that define and interpret the legal rights of students in this regard. (RP)

Examines briefly important concepts in the discipline of students with disabilities. Explains the principles developed through case law, which can provide guidance to administrators struggling with questions regarding the discipline of such students. Notes that the same principles may hold for the student at risk for school failure. (SR)

Explores whether the state university student confronted with double prosecution (university disciplinary proceedings and state or municipal criminal proceedings) has any constitutional basis for claiming the applicability of double jeopardy protection of the Fifth Amendment as a bar to a second prosecution. Concludes that the issue is not…