Supreme Court: Cloaking justice

[flashl]

Are children now at more risk?

Seattle PI

Yes, says Washington Supreme Court Justice Barbara Madsen in her dissenting opinion in a case involving teachers and allegations of sexual misconduct. "I'm just deeply troubled, given the nature of these allegations," she said.

The tension between individual privacy and public transparency is a worthy balance. But last week's court ruling threw a cloak over the scales of justice.

Madsen's dissent gets it right: "The material in a teacher's file relating to allegations of sexual misconduct involving students is not information that is protected by the right of privacy.

"It does not pertain to the intimate details of one's personal and private life but is instead information about alleged specific instances of misconduct occurring in the course of the teacher's performance of his or her public duties – a kind of information that this court has specifically identified as not encompassed by the right of privacy."

What's particularly unfortunate about this decision is that the Legislature already weighed in on the side of transparency. The court essentially failed to account for existing law, with two privacy standards: first, highly offensive to a reasonable person, and, more important, "not of legitimate concern to the public."

[BlooInBloo]

1. (shrug) Unsubstantiated charges aren't available to the public. A 6-3 vote....

The other 3 women on the court agreed were on the majority.

For a more... um... complete description of what took place, one can see:
http://seattletimes.nwsource.com/html/localnews/2008085449_teachers010.html

[flashl]

2. How will the 'secret deals' receive exposure?

Schools cut secret deals with abusive teachers
Feb. 18, 2008

Oregon Live

They call it “passing the trash,” and it’s a common policy that lets child abusers resign and move to another district

It would take months for the agency that licenses Oregon teachers to discipline a Salem-area teacher for inappropriately touching at least eight girls.

To get Kenneth John Cushing, then 44, away from Claggett Creek Middle School students immediately, administrators cut him a deal: If Cushing resigned, they would conceal his alleged conduct — clutching students’ waists, touching their buttocks and massaging their shoulders — from the public.

Cushing signed the pact — obtained by The Oregonian through public records requests — with Salem-Keizer Public Schools in 2004, and officials promised not to reveal the teacher’s behavior if potential employers called looking for a reference. They would attribute his departure to “personal reasons,” the document reads, and make “no reference to this agreement.”

...

During the past five years, nearly half of Oregon teachers disciplined for sexual misconduct with a child left their school districts with confidential agreements. Most, like Cushing’s, promised to keep alleged abuse quiet. Some promised cash settlements, health insurance and letters of recommendation as incentives for a resignation.

The practice is so widespread, school officials across the country call it “passing the trash.”

[BlooInBloo]

3. Uh.... another STATE?

:rofl:

[flashl]

4. Its national.

Sex misconduct by teachers weighed

The Associated Press

Heeding a steady drumbeat of sexual misconduct cases involving teachers, at least 15 states are now considering stronger oversight and tougher punishment for educators who take advantage of their students.

Lawmakers say they are concerned about an increasingly well-documented phenomenon: While the vast majority of America's teachers are committed professionals, there also is a persistent problem with sexual misconduct in U.S. schools. When abuse happens, administrators too often fail to let others know about it, and too many legal loopholes let offenders stay in the classroom.

Advocates include governors, education superintendents and legislative leaders.

...

The ideas emerging in state capitals come at a time when U.S. media have been reporting steadily on individual cases, along with more in-depth examinations of the problem.

A nationwide Associated Press investigation published in October found 2,570 educators whose teaching credentials were revoked, denied, surrendered or sanctioned from 2001 through 2005 following allegations of sexual misconduct. Experts who track sexual abuse say those cases are representative of a much deeper problem because of underreporting.

...

In eight states, leaders pushing changes said the AP investigation had inspired their proposals. Others said they had grown concerned from individual cases of abuse in their states, or other news reports that looked at the problem locally or in their state.

...

Several states are tackling a major problem — the loopholes that allow problem teachers to move from one school district to another, or from one state to another. The AP investigation found that what education officials commonly call "passing the trash" happens when districts allow a teacher to quietly leave a school, or fail to report problems to state authorities, or fail to check with state authorities before hiring a teacher, among other glitches.

In eight states, legislators are pursuing changes to close those gaps, including California, Colorado, Florida, Minnesota, Missouri, Virginia, Washington state and West Virginia.

[BlooInBloo]

5. What the Washington Supreme Court says is NOT national.

[flashl]

6. In response to the "ANOTHER State" reply, 'passing the trash' is a national problem. nt

[BlooInBloo]

7. (shrug) Cops would have a much easier time dealing with criminals if cops were allowed....

to violate people's civil rights too.

Damn authoritarians.

[flashl]

8. What's your solution to 'passing the trash'? nt

[BlooInBloo]

9. So I have to solve all of the country's ills, or else admit that we should give up our civil rights?

Not.

:rofl:

[flashl]

10. Right. 'We' have not witnessed ANY lost of civil rights in the past 8 years. Good Day. nt

:dilemma: