Portfolio Assignment #3 1

EDU 210 Portfolio Assignment #3

Julio Z. Vargas

College of Southern Nevada

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Abstract

This assignment is the third submission in my EDU 210 portfolio. We were given a

scenario by our professor pertaining to a student who got suspended. It is mandated for the

school to notify the parent directly, but the student was only sent home with a letter, which he

threw away. On the first day of the student’s suspension he gets shot at a friend’s house. We have

to argue both sides of the case. We must have two cases that support the parents’ case of a

liability charge against the school. On the other hand, we must argue the school’s side of the case

and find a way to defend the liability charges, also using court cases.
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EDU 210 Portfolio Assignment #3

Court Case on Pg. 105 of School Law for Teachers – Pro Student

A middle school student was sexually assaulted after she was allowed to leave campus.

She signed out during school hours. Her parents sued the school for negligence, a case in which

they won. “The appellate court ruled that the school district was liable for the student’s injury

because it owed a duty of care to her that it breached when she was allowed to leave campus in

violation of district policy.” (Underwood & Webb, 2006, Pg. 105) Since the school did not

directly notify the parents of the suspension, they are responsible for the injury to Ray. As far as

the parents knew, Ray was supposed to be in school. He was not on school grounds but because

the school allowed Ray to be off campus without notifying the parents, the parents would win

this case.

Breach of Duty – Pro Student

According to “School Law For Teachers”, “Once a duty has been established, the injured

individual must show that the duty was breached. The duty is breached when the individual acts

unreasonably in carrying out the duty.” (Underwood & Webb, 2006, Pg. 103) Since the school

district’s policy is to directly notify the parents of the suspension via a telephone call or a prompt

sent directly to the parents, this is a breach of duty. Since the student was injured after the

school’s failure to achieve their duty, the parents of Ray have a case to sue for negligence.

Assumption of Risk – Pro School

According to “School Law For Teachers”, “The basis of assumption of risk defense

against negligence is the idea that if the plaintiff knowingly and voluntarily accepted the risks of

an activity, he or she should not be allowed to recover for injuries caused by those known risks.”

(Underwood & Webb, 2006, Pg. 107) Since Ray knew he would not be allowed at school due to
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being suspended, he accepted the risks of being at his friend’s house. He was injured as a result

of his decision to go to his friend’s house. On the basis of assumption of risk, the school can

defend against the lawsuit.

Contributory and Comparative Negligence

According to “School Law For Teachers”, “. . . if the injured party caused part of his or

her own injuries through negligence, the defendant’s liability is reduced and the court should not

grant the injured party full monetary recovery.” (Underwood & Webb, 2006, Pg. 108) Although

there was no direct contact between the school and Ray’s parents, Ray’s negligence to give his

parents the suspension notice reduces the school’s liability in this case. Under contributory

negligence, there is no recovery compensation because Ray’s negligence caused his own injury.

Thus, the school is not responsible to pay damages for Ray’s injury.

Conclusion

This court case is complex and can be argued and won from both sides. With that being

said, I choose to side with Ray Knight’s parent in this scenario. The court case scenario I

referenced in my first argument for the parent’s defense gives reason to award the parents

damages for their son. However, the breach of duty case gives the parents of Ray Knight the best

chance to win this case. It is the school officials’ duty to notify the parents directly of Ray’s

suspension. Their failure to do so makes them responsible for what happened to Ray Knight. Yes

Ray threw away the suspension notice, but the school is obligated to notify the parents directly,

per the school district policy.

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References

Underwood, J., & Webb, L. D. (2006). School Law for Teachers Concepts and Applications.
Upper Saddle River, NJ: Pearson Education Inc.
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Footnotes
1
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Tables

Table 1

[Table Title]

Column Head Column Head Column Head Column Head Column Head
Row Head 123 123 123 123
Row Head 456 456 456 456
Row Head 789 789 789 789
Row Head 123 123 123 123
Row Head 456 456 456 456
Row Head 789 789 789 789

Note: [Place all tables for your paper in a tables section, following references (and, if applicable,

footnotes). Start a new page for each table, include a table number and table title for each, as

shown on this page. All explanatory text appears in a table note that follows the table, such as

this one. Use the Table/Figure style, available on the Home tab, in the Styles gallery, to get the

spacing between table and note. Tables in APA format can use single or 1.5 line spacing.

Include a heading for every row and column, even if the content seems obvious. A default table

style has been setup for this template that fits APA guidelines. To insert a table, on the Insert tab,

click Table.]
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Figures title:

0
Category 1 Category 2 Category 3 Category 4

Series 1 Series 2 Series 3

Figure 1. [Include all figures in their own section, following references (and footnotes and tables,

if applicable). Include a numbered caption for each figure. Use the Table/Figure style for easy

spacing between figure and caption.]

For more information about all elements of APA formatting, please consult the APA Style

Manual, 6th Edition.