How Teachers Should Report Suspected Abuse of Children

Teachers are state-mandated reporters  meaning that if they observe signs of suspected child abuse or neglect, they are legally required to take action and report your suspicions to the proper authorities, usually Child Protective Services. Although situations like these are challenging for all parties involved, its important to have your students best interests in mind and to act in accordance with your districts and states requirements. Heres how you should proceed. 1. Do Your Research You need to take action at the first sign of trouble. If this is your first time reporting suspected abuse or you are working in a new school district, arm yourself with information. You must follow the requirements specific to your school and state. All 50 of the United States require your compliance. So go online and find your states site for Child Protective Services, or similar. Read about how to file your report and make a plan of action. 2. Dont Second-Guess Yourself Unless you witness abuse firsthand, you can never be 100% certain about what occurs in a childs home. But dont let that sliver of doubt cloud your judgment to the point where you ignore your legal responsibility. Even if you simply suspect a problem, you must report it. You can clarify in your report that you suspect abuse, but are not certain. Know that your report will be treated with care so that the family will not know who filed it. The government experts will know how best to proceed, and you must trust their ability to weed through the suspicions and find out the truth. 3. Keep a Watchful Eye on Your Student   If you suspect that one of your students is in a vulnerable situation, make sure to pay special attention to his or her behavior, needs, and schoolwork. Notice any major changes in his or her habits. Of course, you wouldnt want to go overboard by coddling the child or making excuses for poor behavior. However, it is important to remain vigilant and report any further suspicions to authorities again, as many times as is necessary in order to protect the childs well being. 4. Follow the Progress Familiarize yourself with the long-term procedures that Child Protective Services will follow with the family in question. Introduce yourself to the caseworker, and ask for updates on what conclusions are reached and which actions are taken to help the family. The government agents will work with the family to provide supportive services, such as counseling, in order to guide them along the path to being better caretakers. The last resort is to remove the child from his or her home. 5. Remain Committed to Protecting Children Dealing with child abuse, suspected or confirmed, is one of the most serious and stressful parts of being a classroom teacher. No matter how unpleasant the experience may be for you, dont let the process deter you from reporting each and every case of suspected abuse that you observe during your time in this profession. Not only is it your legal obligation, but you can rest easily at night knowing that you took the tough actions required to protect the students under your care. Tips Document all of your concerns, with dates and times, in order to support your claims.Gather tips and support from veteran colleagues.Procure the support of your principal and ask him or her for advice if needed.Remain confident that you are doing the right thing, no matter how hard it may be.

Why We Can t Wait By Dr. Martin Luther King Jr. - 918 Words

Why We Can’t Wait, a book by Dr. Martin Luther King Jr., gives insight on the matters that occurred in Birmingham, 1963. Relation between the races have progressed since the sixties, but they could be better. This piece of literature should be read by all, if only to get a better understanding of history. Knowledge and ignorance, I feel, are key factors in what make relations between the races either good or bad. MLK gives great insight on the happenings in 1963 Birmingham, as well as the more overseen aspects, such as the emotions of those affected by the hate crimes and segregation of that time. Through the use of descriptive writing that allows the reader to feel what is written, as well as facts to back his cause Martin Luther King tells a story of the struggle of the path to freedom; but things are far from perfect now although with perseverance and determination it can reach close to it. Martin Luther King Jr. is a talented writer, especially when it comes to expressing the feelings of those going through the hate crimes and segregation, and describing their lives in general. Throughout his book Martin Luther King describes different situations such as a young black girl told she cannot go to the amusement park that was just advertised because she is black, or a young boy asking why the white people hate him and other black people. Moments like these, and they are frequent, in his book really express what it was like back then for those who were discriminated againstShow MoreRelatedEssay on Dr. Martin Luther King Jr and The Civil Rights Movement2125 Words   |  9 PagesMartin Luther King jr. was one of the most influential persons of the 20th Century. He is the father of the modern civil rights movement, Dr. Martin Luther King Jr., is recognized around the world as a symbol of freedom as well as peace. 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How the Golf Equipment Is Changing Free Essays

On top of that recession of 2007-08 and counterfeiting products in the market was the worst exasperations Golf Equipment industry had ever met. Every sports equipment manufacturer needs sales on the peak to grow and sustain In competitive environment. Sales are forecasted on the basis of demand in the market. We will write a custom essay sample on How the Golf Equipment Is Changing or any similar topic only for you Order Now Up to this point Golf Equipment manufacturers were happy but when some Golf Associations and Clubs hopped in, they ruined the demand by imposing limitations on technological design Innovations In club head and golf balls etc. Core Golfers were the biggest source of Golf Equipment sales and revenue. These consisted of the players who played 91% of the total golf rounds played in a year. Core Golfers had their problems as well for instance; hours of practice, instruction from a professional and patience to master all the aspects of Golf were their good excuses and a sales threat to Golf Equipment Industry subsequently. Underlying Drivers that changed Industry: The timestamp between 1997 and mid asses was the era of growth for Golf Equipment Industry but then came then came some underlying drivers that brought a downturn to the sales and growth. These drivers are named and explained below along with the effect they left on this industry. 1. USGS and R A Golf Club of SST. Andrews . Golfers and rounds played 3. Counterfeiting Products 4. Recession USGS and R A Golf Club of SST. Andrews: From asses till early asses, Golf Equipment industry was growing. Lots of innovations were being brought by manufacturers. For instance; size of the golf driver was Increased to minimize the bad effects of efficient hits. Similarly wedges were given more groove for Improving accuracy and balls were redesigned too. These all were for distance and accuracy purpose. These innovations proved good for PIG players 1 OFF as well as Tort Alphas. Average Elegance coverage was Increased Trot 2 yards. Consequently tournament committees started lengthening the golf courses. To protect the historic golf courses from being lengthened as there were space limitations, an association known as USGS (United Stated Golf Association) found CORD (Coefficient of Restitution or spring like effect in lay man’s language) in this game and this was the start of impositions on Gold equipment technological innovations. CORD is a technical term describing the energy transference between two objects. According to USGS, CORD must not exceed 0. 83 otherwise spring like effect will be produced and that is barred. R A Club of SST. Andrews also had an agreement with SAGA on the limitations imposed. R A introduced another measurement I. E. CT(Characteristic Time) Test which, to avoid spring like effect required Golf ball to remain in contact with face of driver, not more than 257 microseconds. Although CT test was overruled by USGS subsequently but some other rules were brought in relating to driving clubs and balls. Manufacturers were disappointed by the limitations imposed but they were still struggling to find their way. As USGS did not bring rules regarding club head size and club face, Golf Equipment manufacturers started trying to bring hangs in club face area that will produce maximum CT and they were successful. This club face performance was named as MOM (Moment of Inertia). After some alterations, golfers could achieve maximum driving distance. USGS after recognizing this change imposed limitation on MOM to 5900 g-CM with a tolerance of 100 GM- CM. Later on USGS imposed limitations on golf balls and wedges etc. All these impositions affected golf manufacturing industry. Some companies challenged USGS by introducing a driver with 0. 86 CORD but all in vain. This affected the recreational golf players also. USGS answered all the challenges and blames by stating that the purpose of limitations was to avoid excessive reliance on technological advancements rather than skills. Golfers and rounds played: Apart from the fact that SAGA produced lots of obstacles in the growth of Golf Equipment Industry, there were some other factors also which contributed towards this downturn. A survey conducted in 2003 showed that interest of Golfers themselves is also declining. This lack of interest was caused by overall difficulty of the game. Golfers usually don’t have much time to play as this game requires ample time to practice. Married players have had Job responsibilities as well as family time to be given. Players aged 40 and above were usually having health problems so they could not even play like core Golfers too. Some have even blamed high fee being charged which does not attract them more often. Counterfeiting Products: In mid asses, counterfeiters were giving very tough time to branded companies. Sometimes these people were so good in counterfeiting products that they look very near to the branded ones. Golf Equipment branded companies were shocked when they realized that some auctioneers are selling counterfeited golf equipment for $1 50 o $400, the branded price of which is $2500 to $3000. It was easy for eBay sellers to offer cheaper equipment. Why these counterfeiters came into the picture? There are different reasons, one of them is decisions made by golf executives who were sourcing club heads and giving contracts to manufacturers in china. Counterfeiters were persuading employees to steal molar AT Drained equipment . Black market production was also carried out in overtime. They even knew the packaging details of that equipment too. Steps were taken when six major manufacturers created an alliance to stop counterfeiting operations. A Chinese guy was prisoner for 3 years and fined $58000. Golf Equipment Industry Recession (2007-2008): The biggest factor which affected this industry was recession of 2007-2008. This was a combined effect which basically started with credit and housing industry. Another major effect was on oil prices shooting up from $2. 25 to $3 and then $4 per gallon in 2008. As the golfer that time might be a Job holder as well. He Might be using excessive credit cards. So recession made his credit card bills a huge burden for him and similarly for other golfers too. Rise in Mortgage payments added few more faculties to them. How to cite How the Golf Equipment Is Changing, Papers

Contributory Negligence Historical and Comparative †Free Samples

Question: Discuss about the Contributory Negligence Historical and Comparative. Answer: Introduction: The given case study which revolves around Sebastian Surtees Pty Ltd and Clay Hawthorne relates to the tort of negligence. In particular, it relates to the breach of duty of care and the ensuing damages. A tort is deemed as a civil wrong done, whereby the actions of one person, harm the other. There are different torts in Australia, and a leading one amongst these is the tort of negligence (Statsky 2011). Negligence can be defined as a breach of duty of care, which a person P owes to person R, due to the actions which were undertaken by person P which had the potential of injuring or harming the person R. So, when P careless undertakes an activity which requires care towards R due to the possibility of Ps actions harming or injuring R, it would result in negligence. And when a case of negligence is present, the aggrieved party can claim damages for the harm or loss which they had to incur as a result of the undertaken actions of the tortfeasor (Trindade, Cane and Lunney 2007). It is the duty of the plaintiff to show before the court of law that they have been injured or harmed due to the actions of the defendant, in order to claim the damages under a civil action brought before the court of law. In order to establish a case of negligence, the aggrieved party has to establish the presence of certain key elements, included in which is the duty of care (Kolah 2013). This is followed by proving that this duty of care had been contravened by party P. And lastly, there is a need to establish that the person R was actually harmed or damaged due to this failure of P in exercising his duty of care. Once all of these elements can be shown in a single claim, the aggrieved party is awarded damages by the court of law, based on the magnitude of damage cause to such person R (Kennedy 2009). The first and foremost step, when it comes to making a case of negligence, is to show that a duty of care was present and that the same was owed by person P to person R (Lunney and Oliphant 2013). With regards to establishing that a duty of care was present, the leading English case of Donoghue v Stevenson [1932] AC 562 proves to be of help. In this case, Donoghue consumed a ginger beer, from a bottle which contained a dead snail. As a result of this consumption, she got sick and initiated legal action against Stevenson, who was the beer manufacturer. Her claims were initially discarded by the court as this drink had been purchased by Donoghues friend and not Donoghue herself. However, on further appeal it was held that the actions of Stevenson were such that they had the capability of affecting Donoghue, due to the customer-manufacturer relationship. The judges held that there was reasonable foreseeability in a contaminated drinks leading to the sickness of a consumer and that there was proximity between the parties, which had the capacity of impacting the other. As a result of this, the court held that the manufacturer was indeed liable and owed a duty of care towards Stevenson. And as a result of the breach of this duty of care, followed by injury of Donoghue, Stevenson was asked to compensate her for her losses. Another helpful case which helps in establishing the presence of duty of care is that of Caparo Industries plc v Dickman [1990] 2 AC 605. In this case, the court presented a threefold test, whereby in order to show the presence of duty of care, it had to be shown before the court that the injury was reasonably foreseeable, that there was proximity between the parties in such a manner that the actions of one, affected the other, and lastly, that if penalties are imposed, it would be just and reasonable (Latimer 2012). Breach of Duty of Care Upon successfully showing that a duty of care had indeed been owed, the aggrieved party than has to show that the same had been contravened, in the sense that the defendant had failed in fulfilling his obligations (Martin and Lancer 2013). Vaughan v Menlove (1837) 3 Bing NC 467 was a case in which the haystack of the defendant caught fire as a result of the poor ventilation. On different occasions, the defendant had been warned that if he continued to leave his haystack, this was bound to happen. And on this, the defendant argued that using his best judgement, a risk of fire was not reasonably foreseeable. However, the court held that the judgment of the defendant was not enough and there was a need to apply standards as per a reasonable person. Hence, it has to be shown that a reasonable person would have undertaken the precautions owing to the reasonable foreseeability of such risk of harm. The next step is to consider the consequences of the undertaken actions, or the lack of it for that matter (Turner 2013). In the case of Paris v Stepney Borough Council [1951] AC 367, Paris was already blind in one eye. And he was employed by the Council for undertaking certain work. The Council was aware of the condition of Paris and yet they did not provide him with the safety gear, particularly protective goggles. While working on a rusty bolt, a chip flew into the good eye of Paris, resulting in his complete blindness. The failure of the Council in providing the requisite safety gear was deemed as a breach of duty of care by the court of law which led to Paris being awarded damages for his blindness. There is also a need to show that a reasonable person would have considered the degree of risk which was associated with the actions undertaken by a person (Gibson and Fraser, 2014). Bolton v Stone [1951] AC 850 is a case in which Stone was struck with a cricket ball, while she was standing outside her home, due to the ball flying away from the stadium, which was around hundred yards away from Boltons home. As per the facts of the last thirty years, it was depicted that the ball could only fly off outside the stadium six times only. So, as a reasonable person there was only a need to build the fence, this had been done. And so, a breach of duty of care was not upheld in this case. When it comes to the professionals, they are required to show a standard in their practice (Greene 2013). Rogers v Whitaker (1992) 175 CLR 479 was one of such cases in which the responded was not made aware of the consequences of the surgery which was being undertaken. This meant that she could not take the proper and informed decision when it came to the operation. As a skilled person, the doctor was under an obligation to deploy more care than an ordinary person. And due to these reasons, the doctor was held liable for negligence. With regards to the engineers, they are required to show a standard of competent practice. In Consultants Group International v John Worman Ltd (1987) 9 Con LR 46, Worman had agreed to constrict the abattoir, for the reasons of being a contractor, on strict conditions with regards to the designs which had been stated by the architects, i.e., by CGI. A consultant was hired by Worman for carrying out the work and this hired constructor, contravened the desi gn conditions. It was held by the court that the duty of care of Worman towards CGI was equal to the duty of care of consultant towards Worman. And as a result of this, the consultant was held liable for compensating for the economic losses. Upon the successful completion of the above two aspects, the final requirement is to show that the plaintiff had been actually harmed/ injured or had to bear a loss, in order for the remedies to be awarded under negligence. In order to show that damages need to be awarded to the aggrieved party, there is a need to show that there was a direct causation between the injury of plaintiff and the breach of duty of care of the defendant; and that the damages were foreseeable in a reasonable manner, which was substantial in nature and not remote (Emanuel and Emanuel 2008). The damages are only to be awarded when they were reasonable foreseeable by a rationale individual and when the same were not too remote. In the case of Wagon Mound (No.1) [1961] AC 388, the plaintiff could not succeed in his claims of negligence due to the failure of the plaintiff in showing that a reasonable person would have predicted the kind of fire damage which actually took place. And so, no damages were awarded to the plaintiff. Though, in Wagon Mound (No.2) [1967] AC 61, the court held that the damage of oil spill in a second case, was different from the previous incident and this foreseeability led to the damages being awarded to the plaintiff. There is a need to show direct causation between the injury and the damages, in terms of cause and effect based on the common sense and on the basis of the facts of the particular case (Martin and Lancer, 2013). In the case of Yates v Jones (1990) ATR 81, as a result of the defendant, the plaintiff got in an accident. Later on, she was offered heroine for dealing with her pain by a friend. When she sued Jones, she claimed the costs of her addition to heroine from Jones. However, the court held that there was a lack direct causation between the breaches of duty of care of Jones and between her addictions to heroine. Thus, the damages were not awarded to her. The amount of damages which are awarded to the aggrieved party, i.e., the plaintiff, can at times be reduced or completely reduced. This is in the cases of contributory negligence. This is a famous defence under the negligence as per which the plaintiff is considered to have contributed towards the damage caused to them. And when such happens, the court deems it necessary to reduce the amount of remedies which were awarded to the plaintiff (Dongen, 2014). Froom v Butcher [1976] 1 QB 286 was a case in which the plaintiff was injured due to the accident which was caused due to the mistake of the defendant. The defendant had been drunk, which led to the accident. However, the plaintiff was not wearing the seatbelt at the time of the accident. This was deemed as the contributory negligence of the plaintiff and as a result of this, the damages which were awarded to the plaintiff were reduced by the value of 100 by the court. Davies v Swan Motor Co [1949] 2 KB 291 was a case in which the plaintiff had been standing on the side of the dust lorry and this place was deemed as a dangerous place to stand on. While the lorry was travelling down a narrow road, the bus tried to pass the lorry and unfortunately, Davies was killed. The court held Davies as 1/5th responsible for the damage caused and accordingly, the damages was reduced. This principle is born from the agency law and as per this principle, for the acts undertaken by the subordinates, the superior is held liable, particularly towards the third parties when it comes to the employer-employee relationship. In order for an employer to be held liable for the tortious acts of their employee, there is a need to prove negligence, followed by the presence of employer-employee relationship (Giliker 2010). In this regard, Stevens v Brodribb Sawmilling Co. Pty Ltd (1986) 160 CLR 16 proves to be of help. In this case, the court held that different factors had to be applied for upholding the presence of employer-employee relationship, which was not present in this case. Apart from these two requirements, there is also a need to show that the undertaken tortious act by the employee was within the scope of their employment, for holding the employer liable. As per the facts of the case study, it is very clear that Clay was the neighbour of Surtees and that his front office had been damaged badly, apart from his engine building workshop and the vehicles around it, which were charred from the fire which started at Surtees. The distance between the two places thus can be assumed to be very less, and there was proximity between the parties in a manner that the actions of one impacted the other. Applying the neighbours principle given in the case of Donoghue v Stevenson to the present case study, it can be established that the actions of Surtees affected Clay as a result of the proximity between the parties, making it reasonably foreseeable for Clay to be affected by acts of Surtees. Applying the threefold test given in Caparo Industries plc v Dickman, the injury was reasonably foreseeable due to the proximity between the parties, and where damages are awarded to clay for the loss they had to bear from the resulting fire, it would be just and reasonable. So, on the basis of both of these cases, Surtees owed a duty of care towards Clay. Breach of Duty of Care As the duty of care has been established, the next requirement is to show its breach. For this, the reasonable foreseeability has to be established. There was a reasonable risk of overheating of machines resulting in fire and this is the reason why the machine was turned off on daily basis. Not shutting down the machine made it reasonably foreseeable to heat up and cause fire. To further this incident, the door of fire proof room was left open. As an engineer, the Surtees was required to deploy standard of professional care as per Rogers v Whitaker and Consultants Group International v John Worman Ltd. This was not done, resulting in fire, thus breaching the duty of care which was owed towards the Clays. The failure of closing the fire proof door and not shutting down the machine was not what a reasonable person would have done as per Vaughan v Menlove. Hence, the failure in taking the precautions owing to the reasonable foreseeability of such risk of harm resulted in a breach of duty of care. This can further be strengthen with the case of Paris v Stepney Borough Council where there was a lack of deploying the requisite safety measure and this was deemed by the court as not upholding the duty of care. Even if Surtees cites that they had taken the reasonable care by installing the fire proof glass based on Bolton v Stone, it would not be upheld as firstly, the door was not closed, and secondly, fire was something which could spread across boundaries, unlike a cricket ball of the quoted case. Thus, it is very clear that the duty which Surtees owed towards the Clays was not upheld and was instead contravened. As the first two requirements have been fulfilled, there is a need to show that damages would be justified in this case. It is very clear that the damage which Clay got was directly due to the fault of Surtees in shutting down the machine and in shutting down the fire proof door. This action caused fire which directly destroyed a lot of material of Clay. Unlike Wagon Mound (No.1), here it can be shown that the overheating kind of fire damage was reasonably predictable and so, as was held in the case of Wagon Mound (No.2) damages would be awarded to Clays. Further, the direct causation has been highlighted ample times in this case which would mean that unlike the case of Yates v Jones, damages would be awarded to the Clays. But the costs which are sought by Clay for $15,000 for the cost of airfare tickets would not be liability of Surtees as this was not caused directly from the fire, based on Yates v Jones and only $460,000 would be awarded to Clay. However, the amount of damages which would be awarded to Clay, as a result of negligence of Surtees would be reduced by their contributory negligence. Even though the fire was caused from the overheating of machines and leaving open the door by Surtees, but by leaving containers with residue solvent outside, Clays contributed to their injuries. And based on Froom v Butcher and Davies v Swan Motor Co, the damages awarded to Clay would be brought down proportionately. The negligence has already been established. And the technician was employed at the workshop of Surtees which proves that unlike Stevens v Brodribb Sawmilling, he was an employee, which would make Surtees vicariously liable for the acts of their employee. Conclusions Hence, it can be concluded that Surtees indulged in negligence by breaching the owed duty of care towards Clay and would have to compensate Clay for their losses. But the amount of damages awarded to Clay would be reduced due to their contributory negligence, in proportion of their carelessness. References Dongen, E.V. 2014. Contributory Negligence: A Historical and Comparative Study. Boston: Brill Nijhoff. Emanuel, S., and Emanuel, L. 2008. Torts. New York: Aspen Publishers. Gibson, A., and Fraser, D. 2014. Business Law 2014. 8th ed. Melbourne: Pearson Education Australia. Giliker, P. 2010. Vicarious Liability in Tort: A Comparative Perspective. Cambridge: Cambridge University Press. Greene, B. 2013. Course Notes: Tort Law. Oxon: Routledge. Kennedy, R. 2009. Duty of Care in the Human Services: Mishaps, Misdeeds ad the Law. Victoria: Cambridge University Press. Kolah, A. 2013. Essential Law for Marketers. 2nd ed. United States: Kogan Page Limited. Latimer, P. 2012. Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Lunney, M., and Oliphant, K. 2013. Tort Law: Text and Materials. 5th ed. Oxford: Oxford University Press. Martin, J., and Lancer, D. 2013. AQA Law for AS Fifth Edition. 5th ed. Oxon: Hachette UK. Statsky, W.P. 2011. Essentials of Torts. 3rd ed. New York: Cengage Learning. Trindade, F., Cane, P., and Lunney, M. 2007. The law of torts in Australia. 4th ed. South Melbourne: Oxford University Press. Turner, C. 2013. Unlocking Torts. 3rd ed. Oxon: Routledge. Bolton v Stone [1951] AC 850 Caparo Industries plc v Dickman [1990] 2 AC 605 Consultants Group International v John Worman Ltd (1987) 9 Con LR 46 Davies v Swan Motor Co [1949] 2 KB 291 Donoghue v Stevenson [1932] AC 562 Froom v Butcher [1976] 1 QB 286 Paris v Stepney Borough Council [1951] AC 367 Rogers v Whitaker (1992) 175 CLR 479 Stevens v Brodribb Sawmilling Co. Pty Ltd (1986) 160 CLR 16 Vaughan v Menlove (1837) 3 Bing NC 467 Wagon Mound (No.1) [1961] AC 388 Wagon Mound (No.2) [1967] AC 61 Yates v Jones (1990) ATR 81