Quantum Windbag
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- May 9, 2010
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- #21
Remember that teacher who tied up the kids and did other things I, personally, do not want to talk about? It seems that the school district could not defend firing him because any investigation they conducted might have actually interfered with the criminal investigation that LAPD was conducting. That, for the more ignorant posters here, is a proper application of due process to this situation. Due process does not apply to employment contracts, it applies to criminal law.
Not defending the scumbag in the article, but a technical correction...
Actually, Due Process can apply to employment contracts, especially when that process is defined under the laws of the State. For example, in Virginia the Code of Virginia (Title 22.1 Education) provides for specific grievance procedures for those under education contracts, investigatory requirements, legal counsel representation, and appeal. Failure by a school system to follow the Due Process outlined in the State code means that the School Division could be responsible for lost salary for non-compliance.
Depends on the grievance procedures written into State code as to what the Due Process procedures are.
LIS > Code of Virginia
>>>>
That is not due process, it is a requirement that the government follows a procedure before it fires an employee. Like I said in the other thread, if the said teacher does something egregious the school district should be able to fire them. There is actually a narrow exception where due process applies to employment laws, but that only occurs when the employee is being fired for exercising his rights. Unless you want to argue that the teacher has a free expression right to abuse children due process does not apply to this case. It wouldn't apply in Virginia either.