東華大學圖書館 |

Language: English

Help

回圖書館首頁

手機版館藏查詢

Back

Switch To: Labeled | MARC Mode | ISBD

A system on trial: Identifying lega...

Shariff, Shaheen.

Linked to FindBook

Google Book

Amazon

博客來

A system on trial: Identifying legal standards for educational, ethical and legally defensible approaches to bullying in schools.

Record Type:	Electronic resources : Monograph/item
Title/Author:	A system on trial: Identifying legal standards for educational, ethical and legally defensible approaches to bullying in schools./
Author:	Shariff, Shaheen.
Description:	276 p.
Notes:	Source: Dissertation Abstracts International, Volume: 64-08, Section: A, page: 2735.
Contained By:	Dissertation Abstracts International64-08A.
Subject:	Education, Administration. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=NQ81613
ISBN:	0612816133

A system on trial: Identifying legal standards for educational, ethical and legally defensible approaches to bullying in schools.
Shariff, Shaheen.

A system on trial: Identifying legal standards for educational, ethical and legally defensible approaches to bullying in schools. - 276 p.

Source: Dissertation Abstracts International, Volume: 64-08, Section: A, page: 2735.

Thesis (Ph.D.)--Simon Fraser University (Canada), 2003.

Emerging lawsuits against schools by victims of bullying has created a pressing need to identify educators' legal obligations. Through analysis of statutory and case law on torts, negligence and human rights, I articulate and defend legal standards representing the emerging state of the law, with specific attention to educators' obligations to: (1) ensure physical and psychological safety; (2) foster non-discriminatory school environments; and (3) teach social responsibility. The analysis is informed by a profile that distinguishes bullying from child's play. Bullying involves a power imbalance between perpetrators and victim. The unwanted, relentless, exclusionary and deliberate nature of physical or psychological bullying can be overt or covert, random or discriminatory. Consequences are emotionally and educationally devastating, destroying confidence, causing depression or suicide. Biological causes (e.g. genes, hormones, malnutrition) interact with environmental influences (e.g. neglect, abuse, school environment) to result in bullying.

ISBN: 0612816133Subjects--Topical Terms:

626645
Education, Administration.

A system on trial: Identifying legal standards for educational, ethical and legally defensible approaches to bullying in schools.
LDR:03528nmm 2200301 4500 001 1863017
005 20041215070044.5
008 130614s2003 eng d
020 $a 0612816133
035 $a (UnM)AAINQ81613
035 $a AAINQ81613
040 $a UnM $c UnM
100 1 $a Shariff, Shaheen. $3 925281
245 1 2 $a A system on trial: Identifying legal standards for educational, ethical and legally defensible approaches to bullying in schools.
300 $a 276 p.
500 $a Source: Dissertation Abstracts International, Volume: 64-08, Section: A, page: 2735.
500 $a Adviser: Roland Case.
502 $a Thesis (Ph.D.)--Simon Fraser University (Canada), 2003.
520 $a Emerging lawsuits against schools by victims of bullying has created a pressing need to identify educators' legal obligations. Through analysis of statutory and case law on torts, negligence and human rights, I articulate and defend legal standards representing the emerging state of the law, with specific attention to educators' obligations to: (1) ensure physical and psychological safety; (2) foster non-discriminatory school environments; and (3) teach social responsibility. The analysis is informed by a profile that distinguishes bullying from child's play. Bullying involves a power imbalance between perpetrators and victim. The unwanted, relentless, exclusionary and deliberate nature of physical or psychological bullying can be overt or covert, random or discriminatory. Consequences are emotionally and educationally devastating, destroying confidence, causing depression or suicide. Biological causes (e.g. genes, hormones, malnutrition) interact with environmental influences (e.g. neglect, abuse, school environment) to result in bullying.
520 $a My tort law analysis identifies a duty of care based on careful parent and reasonable professional tests requiring educators to be alert, aware, honest and intelligent. I highlight judicial decisions recognizing psychological harm as tangible. The standard of foreseeable harm turns on sufficient educator knowledge (specific, constructive or actual) based on age, maturity, propensity to injure, degree of danger, deliberate or spontaneous actions by students. The causal nexus depends on whether educators' actions proximately or remotely caused injury and victims' contributory cause. Despite judicial reluctance to accept educational malpractice as a tort, some courts concede it may apply to egregious harm. My consideration of human rights obligations discloses a responsibility to eradicate discriminatory learning conditions throughout schools, the standard being reasonable accommodation of student needs to the point of undue hardship. Schools risk liability if they fail to act on knowledge of discriminatory bullying, and if their actions or omissions affect access to learning.
520 $a I conclude by highlighting discrepancies between the legal standards identified in the thesis and commonly adopted well-intentioned zero-tolerance policies and anti-bullying programs. I recommend educational, ethical and legally defensible alternatives grounded in theories of ethics of care that provide courts with a framework to adjudicate bullying and help schools avoid the tidal wave of litigation.
590 $a School code: 0791.
650 4 $a Education, Administration. $3 626645
650 4 $a Law. $3 600858
690 $a 0514
690 $a 0398
710 2 0 $a Simon Fraser University (Canada). $3 1020621
773 0 $t Dissertation Abstracts International $g 64-08A.
790 1 0 $a Case, Roland, $e advisor
790 $a 0791
791 $a Ph.D.
792 $a 2003
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=NQ81613