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NEGLIGENCE, SUPERVISION, AND MALPRACTICE using visual .net todisplay code 3/9 on web,windows application JasperReports Moving from whether studen ANSI/AIM Code 39 for .NET ts can be held responsible for tort law by engaging in cyber libel, there is a second aspect of tort law that applies. This involves the potential for schools to be held liable in an actionable claim for negligence if they do not act quickly to protect student victims of peer-to-peer cyber-bullying.

Moreover, it is also worth determining whether teachers, as government agents, can be held legally liable if they fail to educate adolescents to engage in socially responsible discourse. In real space, victims who are injured while at school can bring claims for compensation against teachers and schools for injuries at school or on eld trips. CYBER LIBEL OR CRIMINAL HARASSMENT: WHEN DO KIDS CROSS THE LINE (MacKay & Dickinson, 1998) .NET Code39 . British and North American law historically places on educators a duty of care in loco parentis.

This means that educators have a duty to care for their students as if they were standing in place of their parents. Not only that, an 1893 case, Williams v. Eady, established that teachers must act as careful and prudent parents when it comes to protecting students.

The key question here is whether this duty of care extends to the responsibility of teachers to educate students to be respectful to each other. The careful parent legal doctrine does not address teachers professional responsibilities as educators. Although claims for educational malpractice have been made, American courts have categorically denied that schools can be held liable for failing to educate.

This implies that teachers cannot be held legally liable when students engage in covert forms of verbal and psychological bullying. The courts maintain that education is a matter of public policy and does not fall into the professional realm as do medical and legal malpractice and that teachers are not considered to be professionals in the same sense that lawyers and doctors are. This might be because teachers are generally autonomous in carrying out their teaching duties.

As long as they stay within curriculum guidelines, they have the discretion to select educational resources that meet those guidelines. Jafaar (2002), however, advances a strong argument that public policy is the very aspect of educational malpractice that can work to support victims claims that are brought against schools. Her arguments are important for victims of bullying.

She believes the courts fail to recognize that public education has evolved to develop professional standards of conduct that are no longer confusing and unambiguous. Professional expectations in the public school context are now standardized and easily recognized and therefore should be enforceable at law as a matter of sound public policy. Jafaar s arguments build on similar positions advanced by Hines (1991) and Parker (1993).

She argues that over the past twenty years, as the public school system grew to incorporate the needs of society, the teaching profession has become more standardized. She asserts that even though legislation on schooling might not provide clear standards for teachers as professionals, there are other important sources of public policy that clearly de ne and establish the professional standards expected from teachers and other education professionals. For example, although the Ontario Education Act provides ambiguous wording with respect to the duty of teachers regarding instruction, to teach diligently and faithfully the classes or subjects assigned to the teacher by the principal (s.

264 (1) (a)), in November 1999, the Ontario College of Teachers (OCT) approved and published the Standards of Practice for the Teaching Profession that clarify the scope of this legislated duty. Jafaar (2002) further explains that the fact that the OCT and similar bodies such as the British Columbia College of Teachers have established standards for teacher certi cation con rms that public school teaching is now a profession, with established standards of professional practice. She argues that the policy directives of teacher certi cation bodies undermine, if not outright nullify, the argument by courts that no duty of care exists due to the lack of clearly de ned standards.

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