Conduct unbecoming: The dilemma of a school's responsibility in respect of teacher misconduct towards pupils

It was recently remarked that if the infamous schoolmaster, Wackford Squeers, in Charles Dickens's Nicholas Nickleby , was around today his pupils would probably accuse him of assault and the police would be paying a visit to his school, Dotheboys Hall. Though a casual comment, a great deal of truth lies therein. In the 'rights culture' of today, the manner in which adults may exercise authority over children is markedly different to that of even 20 years ago. The majority of teachers act in a professional manner and carry out their duties, often under great pressure, with the best interests of their students uppermost in their minds. However, this is not always the case. With reasonable frequency, there are reports of teachers behaving towards their students in ways which range from inappropriate to culpable. In the worst scenario the accusations are of sexual abuse, but there are also those of physical or verbal bullying. There is nowadays an increased recognition of the harmful and lasting effects of different forms of abuse, and the responsibility of those in authority to prevent it happening. In recent years New Zealand school administrators have been faced with dealing appropriately with allegations of a teacher's misconduct in a variety of different ways towards their students. A school board of trustees has a dilemma in that it must discharge dual responsibilities, in respect of its students and its staff. This article examines the legal implications of those responsibilities. It also considers the responsibility of a school in a wider context — to other schools and to the community at large.     

Student and graduate entrepreneurship: ambidextrous universities create more nascent entrepreneurs

Despite its importance, student and graduate entrepreneurship at universities has received limited scholarly attention. The literature on university entrepreneurship has mainly focused on university scientists who have founded their own firms or spin-offs that were created based on intellectual property that is owned by universities. This paper focuses on technology new ventures that are created by university students and new graduates and aims to investigate the linkages among university-level organizational competencies, the entrepreneurial competencies of nascent entrepreneurs and the number of start-ups that have been created by students and new graduates. Our argument is that universities are heterogeneous in their resources and competencies, and these organizational competencies are influential on students in the development of entrepreneurial competencies and hence in the creation of start-ups. Differences among universities have led to information asymmetries and variances in entrepreneurial competencies among students and graduates. This study uses two data sources at the university level from Turkey. The first is the Technoenterprise Funding Support Program, and the second is the Entrepreneurial and Innovative University Index. Our research covers 40 universities over 3 years from 2012 to 2014, and we apply a panel data methodology. Our research suggests that (1) ambidextrous universities that provide a good context for the exploration and exploitation of new knowledge support their students in the development of entrepreneurial competencies and in starting their own technology new ventures, (2) the traditional role of universities (research and teaching) is important for the creation of entrepreneurial universities and finally, (3) university entrepreneurship is path-dependent.     

论大学生友情教育——兼议大学生正确人际交往观的形成

自卑、嫉妒、猜疑等一系列心理疾患困绕着大学生,由此而引发的大学生问题行为和犯罪现象向整个社会亮起了警灯。同学友情是大学生人格建构和情感支持的重要内容。友情关系的稳定性增强而亲密性降低,友情关系趋向多元化和复杂化是当代大学生友情关系的基本特征。积极有效的促进大学生正确友情观的形成,帮助他们提高人际交往的能力。应引起高校和整个社会的高度重视。     

Critical Mass for Affirmative Action: Dispersing the Critical Cloud

The concept of critical mass has been invoked by social scientists and the Supreme Court in affirmative action decisions as a solution to problems related to underrepresentation of minority students in institutions of higher education. Little distinction is made by scholars between the Court's use of critical mass as a metaphor and its application in research as a mathematical concept. I use Agent‐Based Modeling—a simulation technique in which systems are modeled through repetitive interaction of autonomous decision‐making “agents” to observe the complex dynamics that emerge from interaction—to investigate the Supreme Court's conception of the relationship between student‐body composition and student isolation and stereotyping. Findings demonstrate that the relationship between student body representation and the educational outcomes of interest as detailed by the Court, specifically minority students' feeling of isolation and majority students' retention of negative stereotypes, does not exhibit a specific threshold or tipping point as we would expect from a system that has a critical mass at which sudden and sustainable change in the state of the system occurs. Simulations of student interactions show there is not one definable threshold or critical mass of minority students that achieves educational goals of reducing either the isolation felt by minority students or the negative stereotypes held by majority students about their minority peers. Instead, greater minority representation is consistently associated with better outcomes for students in all contexts.     

The tragedy of academic criminal justice

Criminal justice Ph.D. programs in the United States are unusually behavioristic in their structure, concentrating attention on quantitative methodologies and strongly pressuring students to construct studies that utilize acquired skills. As a result, Ph.D. students take on a strongly conservative cast, seldom asking larger, more philosophical questions about the field as a whole and its place in its context, which is that of the American polity. Instead, students look for methodologically manageable problems within the given and accepted system. The result is the creation of a generation of American Ph.D. holders who have practically no critical perspective on the system.     

Digital Uses,Victimization and Online Aggression: A Comparative Study Between Primary School and Lower Secondary School Students in France

With the growing use of electronic communication among children and adolescents, the Internet has become an important tool for their socialization and has opened up new perspectives for network and community building opportunities. However, the Internet and electronic communication tools can be used either positively or negatively and the spread of its use in these recent years has led to online risky behaviours and harm. This questionnaire survey was completed in five primary schools and seven lower secondary schools in the South of France. It sets out to assess the digital uses, risk taking and negative experiences online among primary and secondary school students in France (N?=?4200). Findings show that primary school students are pretty well involved in digital communication since they spend an average of 150 min per day online vs. 190 for secondary school participants. Social networking is also part of their lives with 17 % of primary school children and 50 % secondary school students who use Facebook. In terms of risk taking, only 49 % of primary students and 39 % of secondary school students report they personally know all their online friends. Cyberbullying figures show that quite a few respondents have been affected with negative experiences among which some were repeatedly victimized (14 % in primary schools and 5 % in secondary schools). These findings highlight the necessity to take the issue of educating towards a positive and safe use of the Internet seriously and that primary school children also need to be provided with proper guidance towards a safer Internet.     

Of Athenians and Spartans: Profiles of freedom and enlightenment in the leadership styles of criminal justice academic administrators: An essay

This essay examines the dubious relationship between the quality of criminal justice education and the kind of treatment faculty members and students receive from their academic administrators. It is based on three premises: criminal justice colleges and departments should be held to higher rational and moral standards not because they are qualitatively different from other liberal arts departments, but because they teach justice; if the virtues of criminal justice are worth teaching, then criminal justice faculty members and students should be treated in a manner consistent with these virtues; and treating criminal justice faculty members and students unfairly, disrespectfully, or irresponsibly makes them unable or disinterested in endorsing the noble nature of criminal justice. This article categorizes academic administrators as either Athenians or Spartans. The former are best suited intellectually and temperamentally to administer because they possess a talent for reasoning and act in good faith. The latter are unsuited because, regardless of how well they mask it, they practice domination, deception, favoritism, and indignity.This essay is a theoretical discourse based on the contiguity of modalities, experiences, and impressions generally shared by criminal justice educators and graduate students. Its logic is Humeian and its method is broadly ethnographic.     

Legal education in France and England: A comparative study*

Abstract

Despite the fact that part‐time law students comprise a significant proportion of law undergraduates, there continues to be an absence of legal research that considers the experiences and aspirations of such students as a distinct group. Against this backdrop, it is argued that these students require further research and attention for a number of reasons. First, their location allows a consideration of the extent to which broader governmental objectives for higher education are being met within law schools. Second, the extent of their presence in higher legal education places an important obligation upon law schools to explore the specific needs of this cohort and to consider the extent to which part‐time law students can be legitimately subsumed into the undergraduate cohort in terms of resources and planning. Third, the legal ambitions of many part‐time law students require a fresh consideration of the expectations of the recruiting legal profession and the legal profession's commitment to broadening social diversity within its ranks. Finally, as the experiences of part‐time and full‐time students become closer, a proper analysis of part‐time law students may provide invaluable information as to how law schools could adapt to meet the needs of all students in the future.     

Off the Grid: Vaccinations Among Homeschooled Children

To protect public health, states require that parents have their children immunized before they are permitted to attend public or private school. But for homeschooled children, the rules vary. With the spectacular growth in the number of homeschooled students, it is becoming more difficult to reach these youth to ensure that they are immunized at all. These children are frequently unvaccinated, leaving them open to infection with diseases that are all but stamped out in the United States with immunization requirements. States should encourage parents to get their homeschooled students vaccinated through enacting the same laws as those used for public school students. This could be done by enforcing current laws through neglect petitions or by requiring that children be immunized before participating in school sponsored programs. As most states require some filing to allow parents to homeschool their children, it would be easy to enact laws requiring that homeschooled children be immunized or exempted before completing registration.     

Teaching Forensic Entomology,Forensic Anthropology,and Haematology & Serology during the COVID-19 pandemic: Practical activities for distance learning

As the COVID-19 pandemic upended college and university instruction throughout the world, instructors were hard-pressed to find suitable alternatives for practical activities typically carried out outside of classrooms—in laboratories, workshops, clinics, and in the field. In response to this unanticipated challenge, they relied on their ingenuity to achieve pre-pandemic goals under pandemic conditions that necessitated the shift to online teaching. The Forensic Science Undergraduate Program housed in the School of Medicine of the National Autonomous University of Mexico was not exempt from this educational upheaval but, due to its interdisciplinary nature, required creating and/or adopting a wide range of activities capable of training students to perform practical tasks associated with subject areas that span the natural and social sciences, the humanities, and the law. This report aims to describe the approaches undertaken in three subjects (Forensic Entomology, Forensic Anthropology, and Hematology & Serology) by interviewing instructors and examining their teaching materials. Also, through online surveys, students’ reactions to these approaches were elicited to learn about their suitability and teaching potential. Instructor’s experiences during the pandemic have proven to be a rich source of ingenious solutions, with implications well-beyond the current crisis, such as creating blended or fully online courses aimed at larger numbers of students, forensic and legal professionals, and even other instructors. The wide variety of forensic sciences offers the opportunity to innovate and improve the teaching and learning of science, particularly to the benefit of students that must combine their school tasks with professional and/or family duties.     

Legal liability of universities for students

This article involves analysis of the nature of the legal relationship between universities and their students. The development of a general perception that students are consumers of services provided by the university or their clients responsible for paying their own fees has led to an increased likelihood of students seeking legal redress for inadequacies in their educational experience. Recognition of the contractual basis of the arrangement and the resultant legal remedy for breach of the contractual terms has provided the means by which rights can be enforced. However, there are also a number of areas of law (under statute and the common law) which can be utilised for this purpose. These areas are summarised and the difficulties associated with their utilisation identified. The need to reform the system of student complaints in universities and the legal framework for enforcing their legal rights is discussed and recommendations put forward.     

Brazilian Adolescents’ Just World Beliefs and Its Relationships with School Fairness,Student Conduct,and Legal Authorities

Prior research has demonstrated that adolescence is a sensitive period to develop their belief in a just world (BJW), both general and personal. Research has found significant relationships between BJW, perceptions of school fairness, student conduct, and perceptions of legal authorities. However, no research has combined these constructs in one model to get a broader picture of how adolescents construct their worldview of fairness and how this influences their compliance with authorities. This study analyzed 475 Brazilian adolescents across three schools. A partially mediated and a mediated model were tested to determine if students’ BJW relate directly or indirectly to student conduct and perceptions of legal authorities through school fairness. The partially mediated model best fit the data. Personal BJW predicted students’ perceptions of the school fairness, which predicted student conduct. General BJW and school fairness predicted adolescents’ perceptions of legal authorities. Perceptions of school fairness are influenced by Personal BJW and are predictive of students’ conduct and opinions of legal authorities. By analyzing multiple constructs simultaneously, this study provides a picture of how these overlapping conceptualizations of justice interact. Students who do not believe their school is fair are less likely to respect and abide by the rules and are more likely to also expect unfair treatment from law enforcement and judicial officials. This study points to the importance of students’ perceptions of justice at school and highlights the far-reaching implications of students who do not perceive or expect justice in their lives.     

Displaying the Law: A Cross-disciplinary Learning Experiment Using the Internet and Multimedia Technology

The law is increasingly being displayed to its practitioners and subjects in new forms and through new media. Some of this technological change simply permits easier access to information and faster recording processes. However students are at the forefront of the attempt to provide new ways of representing legal dilemmas, problems and issues. How do students imagine and represent the law? This paper describes an experiment in which undergraduate students from quite different backgrounds examined topical legal issues and presented reports in visual form, choosing between three formats: CD-ROMs, videos and web pages. Participants came from two universities in Victoria; students from Victoria University were multimedia students, students from the University of Melbourne were criminology research methods students. They formed small teams, pooling their skills to carry out research projects on aspects of the law, including busking, football violence and how images of blood should be shown on film or TV. This article reviews the lessons of this collaborative exercise for understandings of the law.     

Social learning and adolescent deviance abstention: Toward understanding the reasons for initiating,quitting, and avoiding drugs

Tests of theories that attempt to explain why individuals currently use drugs are widespread; however, the theoretical examinations of abstention from drugs and the cessation of their use are rare. For its part, social learning theory has been supported consistently in its delineation of the process by which substance use is learned. We propose that cessation and abstention are also learned behavior. Using logistic regression analysis, we examine the ability of social learning variables to distinguish among abstainers, current users, and former users of illicit drugs within a sample of 1688 middle- and high-school students in two widely separated nonurban communities. Results indicate that social learning variables clearly distinguish abstainers from current users but are less able to distinguish former users and current users or former users from abstainers. The theoretical, research, and policy implications of these findings are examined in detail.     

“Fitting in” and “opting out”: exploring how law students self-select law firm employers

In this paper we draw on interviews with 15 law students at the University of Birmingham in the UK to explore the extent to which law students critically self-evaluate themselves against their perceptions of the preferences of elite law firms. While our conclusions are necessarily tentative, we show how some law students “opt out” of applying to certain law firms where they perceive there is no fit between themselves and that law firm. Equally, our data also shows that some students recognise that, despite not having a supplementary fit with a firm (i.e. they can see that they do not “match” that firm’s current crop of lawyers or what they think is the firm’s culture), they realise that they can instead be a complementary fit for the firm, and hence realise that their potential to add something “new” to the law firm (by way of increasing diversity) can secure them a vacation scheme placement or a training contract. Finally, a proportion of students play “the numbers game” and despite determining a law firm “misfit”, still proceed to apply to as many law firms as possible as they thought that more applications meant a higher chance of success.     

A survey of drug use and attitudes toward drugs among male law students and police trainees in Queensland,Australia: A research note

During first semester 1980, 96 first and last year male police students and 166 law students were surveyed about their drug use patterns and attitudes towards alcohol. Of these students, 69.3 percent drank at least once a month, 80.7 percent used coffee or tea, 23.6 percent analgesics, 3 percent antihistamines and marijuana and less than 1 percent sedatives, tranquilizers, stimulants, hallucinogens, cocaine or opiates once a month or more. Law students used caffeine and marijuana significantly more frequently than police students. On the whole, there were more similarities than differences between the two groups in terms of drug consumption. In terms of attitudes, police students felt significantly more than law students that alcoholism was caused by moral weakness and medical illness as shown in the Attitude Towards Alcoholism questionnaire. But significantly more police students (82 percent) than law students (37 percent) felt that it was important to have drug and alcohol education as part of their course of study. Also significantly more police students (58 percent) than law students (24 percent) felt that they were prepared to manage drug or alcohol problems professionally.     

学生同居受处分的法律思考——论学校自主管理权保障与学生合法权益保护之谐调

近年来,学校成为被告的频度不断增高,学校在很多争议中成为社会关注的焦点。实际上,争议的核心在于学校的自主管理权问题。笔者认为,依法维护学校的自主管理权是非常重要的。而学校自主管理权的基本内涵是:学校的管理活动,不违法即合法。通过对学生同居受处分这一典型案例的剖析,笔者提出了实现对学校自主管理权保障与学生合法权益保护之谐调的期待。     

Safe or sorry? Rights,responsibilities and retribution—the new three Rs of education in New Zealand?

A school is a microcosm of society and thus is subject to the problems existing within society generally. The rights and responsibilities of persons outside the school gates apply within the school also. The school environment is unique in that not only is a young person compelled to attend but he or she must spend a great deal of each day within the school's jurisdiction. May it then be argued that there is an enhanced responsibility of schools towards the emotional and physical welfare of their students in relation to matters within their control? This article will examine whether a New Zealand public school has a responsibility that extends further than a moral duty for the safety of its students. Particularly it will consider a school's potential liability in respect of the various forms of student‐to‐student bullying and harassment. It examines the potential for an action against a school under human rights legislation, at common law, and in criminal law.     

The Resource Center for Separating and Divorcing Families: Interdisciplinary Perspectives on A Collaborative and Child‐Focused Approach to Alternative Dispute Resolution

The Resource Center for Separating and Divorcing Families (RCSDF) is a teaching model for providing interdisciplinary services to separating and divorcing families. The model was developed by the Honoring Families Initiative at the Institute for the Advancement of the American Legal System at the University of Denver. Services are provided by graduate and law students at the University of Denver, working side‐by‐side with a supervising licensed attorney, psychologist, and social worker. The experiential and interdisciplinary model of teaching and providing direct client services is the first of its kind in the United States. RCSDF students and staff seek to empower parents to make positive decisions about their family's future in a supportive and educational environment.

Key Points for the Family Court Community
• The current system of preparing graduate and law students for careers in family law is in need of improvement. This article provides information for educators and the family law community about the impact of interdisciplinary and experiential learning for students.
• Parents going through the transition of separation or divorce experience psychological and financial stressors that can create serious behavioral and adjustment issues for their children. The RCSDF works in a holistic manner with parents and children to minimize the levels of stress and anxiety during the transition.

     

Regulatory Threats to the Law Degree: The Solicitors Qualifying Examination and the Purpose of Law Schools

Two major regulatory changes are affecting the provision of undergraduate legal education in England and Wales. On the one hand, the Qualifying Law Degree is being deregulated, meaning law schools are free to make significant changes to how and what they teach. On the other hand, higher education in England has seen a significant overhaul through the creation of the Office for Students, which treats students as consumers. Now more than ever, law schools need to ask themselves existential questions which will not only test their continued relevance or indeed viability within the ‘market’ for higher education, but also the status of the discipline of law as a whole. The regulatory landscape may indeed present a significant threat, but it is also an opportunity to reflect on what law schools are for, and consequently what changes could result from the academic freedom that comes with deregulation. Whilst different law schools will interpret their mission differently, they should caution against either generalised inertia or succumbing to an outcomes-oriented provision that simply prepares students for the new Solicitors Qualifying Examination. Instead, law schools will find their proper purpose in critical reflection and academic self-grounding, providing undergraduate students with a ‘question everything’ mentality, and showing them that law is something to be experienced and not merely learnt.