Running Head: STUDENTS RESPONSIBILITIES AND CONSEQUENCES

Students Responsibilities and Consequences Regarding Defamatory Remarks

Made About School Personnel
Andrea Gonzalez
University of St. Thomas
EDUC 5391 School Law
Dr. Brian Malechuk
April 12, 2015

Running Head: STUDENTS RESPONSIBILITIES AND CONSEQUENCES

In court cases it is usually the school districts that are being held liable
for causing some sort of wrongdoing to students. However, among these
odds, there are court cases that have favored the teacher and provided
compensation to them for wrongdoing they received. When a teacher
experiences stress, anxiety, low morale, or self-efficacy because of
defamatory comments, or false accusations, made about them by students,
they have the right to make these behaviors stop. Teachers are protected by
national law, their school districts, and states policies. It is important for
educators to know this because these statements can demolish a teachers
entire career in a matter of moments.
Background Information and Importance
According to Nathan Essex, Defamation is a tort or civil wrong
committed against another in which recovery is appropriate with a showing
that the offended party received injury based on the deliberate or malicious
actions of others. Slander is oral defamation and libel is written defamation.
(Essex, 2012, pg. 197-198). These terms are important because they apply
meaning and severity to actions that can seem harmless, jokingly, and
playful.
Megan was 13 years old at the time of the cyber-attacks. She suffered
from depression and was presently on medication for an attention deficit
disorder. A classmate and her mother created a fake account of Josh Evans in
order to figure out what Megan was allegedly saying about the classmate

Running Head: STUDENTS RESPONSIBILITIES AND CONSEQUENCES

behind her back online. After about a month of Josh and Megans
relationship he emailed her that he no longer wanted to be friends because
of rumors saying she was cruel to her friends and a bad person (Parents,
2007). Later, that evening she hung herself in a closet and died the next day
(Essex, 2012, pg. 110-111).
This case is important because it shows the harm, pain, physical
distress, and agony defamatory remarks can cause. The Megan Meier
Cyberbullying Prevention Act was supposed to be a pivotal act that was
created in order to help place criminal penalties on persons who intentionally
cause extreme emotional stress on others by means of electronic
communication. However, it was not enacted.
Major Cases and Laws
In California, a group of school girls accused and gossiped about Mr.
John Fischler as being perverted and spying on girls in the bathroom. While
Mr. Fischler was coaching at a Catholic school in San Jose, he filed a law suit
against the teens for poisoning his reputation and causing the workplace
atmosphere to become uncomfortable and ruined. The court found that the
girls were being malicious and held them liable for the damages they caused
on his reputation and career. The opposing side was shocked by the verdict.
However, school officials and police found that the sexual misconduct he was
being accused of was false. Additionally, the court released that the parents
were not proactive in reporting their accusations to school officials, they

Running Head: STUDENTS RESPONSIBILITIES AND CONSEQUENCES

merely gossiped about it. He was awarded $362,653 in damages due to the
defamatory remarks made, and the parents of the girls are being held
responsible (Kaplan, 2013).
Mr. Fischlers case is important because it shows teachers that there is
protection for them. If an educator is aware of defamatory gossip, libel, or
slander being made about them, they need to report it immediately. If the
teacher is not part of a union, they should seriously consider it. Unions like
the Association for Texas Professional Educators (ATPE) are well equipped
and ready to provide immediate action for such disturbances. ATPE has
lawyers and trained staff members standing by to help. According to the
ATPE website, if defamation should occur, the parents of the minor would be
held liable for the actions and damages (Legal Benefits Overview, 2015).
Houston Independent School Districts Policies
The Houston Independent School District (HISD) does a fine job of
outlining and providing rules, restrictions, punishments, and procedures for a
multitude of actions. According to the HISD Student Handbook, defamation of
a teacher by a student can be considered between a level 2 and level 4
offence depending of the harshness of the accusations. Disciplinary options
range in severity as seen fit by administrators. Starting from the least to the
harshest punishment according to the HISD Student Handbook (Code of
Student Conduct, 2015):

Running Head: STUDENTS RESPONSIBILITIES AND CONSEQUENCES

Parental contact by phone and written or oral notification to parent or

guardian
Required administrator/student/parental conference
Detention or placement in in-school suspension
Exclusion from extracurricular activities, such as field trips, and
commencement exercises/award ceremonies
Behavior, behavioral, and/or conduct contracts Suspension of
transportation privileges
Suspension for up to three school days per occurrence
Removal of transportation services for up to one year
Teacher removal of the student from the classroom
Referral to a district Disciplinary Alternative Education Program
Any other appropriate disciplinary actions determined by the
administration

These punishments are applicable for level 2 through 4 offences (Code of

Student Conduct, 2015).
Where We Stand Now
School personnel must be extremely cautious of false remarks made
by students. Although they may just be that, false remarks, these lies can
damage a teachers reputation beyond repair. They can make a workplace
unbearable, they can be detrimental to the teachers career, family, and way
of life. These allegations should not be taken lightly. If an educator suspects
foul play, they should report it to their union and administrators immediately
(Legal Benefits Overview, 2015). If they know of claims being made about
another teacher, or employee, they should report them to an administrator
immediately (Code of Student Conduct, 2015). Additionally, if a teacher
knows of students who like to gossip, they might want to provide a brief
lesson on integrity, and its benefits, verses dishonesty, and its potential
outcomes.

Running Head: STUDENTS RESPONSIBILITIES AND CONSEQUENCES

Ramifications for School Administrators
If defamatory accusations are made about a teacher, a multitude of
outcomes are possible. The teacher may resign or request time off. The
principle, or active administrator, may request for the teacher to take a leave
of absence until he is cleared of the allegations (Legal Benefits Overview,
2015). Regardless of what the teacher does, the stigma of the accusation
will follow the teacher, and school, for some time. The administrators should
be cautious of these occurrences because they are serious and can taint
their schools morale. The administrators should provide training at the
beginning of each school year on the topic of defamation, libel and slander.
They should make sure the student body understands the consequences for
making false claims and the impact gossiping can have on others. Principals
should be proactive in preventing these types of challenges. However, not all
can be predicted.
Over the years, educators have acquired an immense amount of
responsibility when it comes to student behavior. Teachers are often blamed
for students retaliations and temper tantrums. However, teachers need to
be aware of the consequences defamatory remarks made by students can
have on their reputation, careers, and daily life. Educators should be aware
of the legal help unions provide and benefits of being a member. Teachers
should also be aware that their administrators are equipped to assist them
and give guidance in times of distress.

Running Head: STUDENTS RESPONSIBILITIES AND CONSEQUENCES

References
Code of Student Conduct. (2015, January 1). Retrieved April 6, 2015, from
http://www2.houstonisd.org/HISDConnectEnglish/Images/PDF/201213C
odeEnglish.pdf
Essex, N. (2012). School law and the public schools: A practical guide for
educational leaders. Boston: Allyn and Bacon.
Kaplan, T. (2013, November 15). Jury finds girls, parents liable for calling
teacher
'perv' Retrieved April 6, 2015, from
http://www.mercurynews.com/crime-courts/ci_24535161/jury-findsgirls-parents-liable-calling-teacher-perv
Legal Benefits Overview. (2015). Retrieved April 7, 2015, from
http://www.atpe.org/en/Protection/Legal-Benefits/Legal-BenefitsOverview
Parents: Cyber Bullying Led to Teen's Suicide. (2007, November 19).
Retrieved
April 5, 2015, from http://abcnews.go.com/GMA/story?
id=3882520&page=1