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  1. #21
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    Default Re: Can a Professor Call Me a Smoker in Front of the Class and Tell Me to Leave My Se

    Quote Quoting llworking
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    I am not sure that you are accurate on that particular issue. Your accuracy is certainly questionable.
    RJR is correct. The school class room is not a place of public accommodation. Disabled university students are not protected by the ADA with respect to the classroom and their academic programs. Instead, every university that accepts federal funds (which is nearly all of them) must comply with the Rehabilitation Act of 1973, a law that provides students much the same protection as the ADA and indeed was the law that provided the model for the ADA. There are some differences though.

    Quote Quoting budwad
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    I have criticized the teacher for imposing her values on her students. Outside of the university, she can live her life anyway she wishes.
    She is not imposing her values on her students. She is not telling the student he/she cannot smoke outside of class. What the teacher is reacting to is the lingering effect of that action which the student brings into the classroom. When the smoke smell is strong enough to offend others in the classroom then that's a problem for the professor to address. The student has no right to come to class smelling of smoke and so the professor violated no rights of the student by doing what she did. That's really the end of the legal analysis. The Texas case you linked earlier is nowhere near on point. That case involved a student in a public university who alleged that the school interfered with his free speech rights. That's a far different situation since free speech is guaranteed by the federal and Texas constitutions. The federal constitution does not give a right to smell of smoke, and neither does any state constitution, nor any federal or state law for that matter.

    I certainly get that you don't like what the professor did, and you are entitled to your opinion that she should not have done it. But as what the professor did did not violate any rights of the OP, there is nothing the OP can pursue in a legal sense on this.

  2. #22
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    Default Re: Can a Professor Call Me a Smoker in Front of the Class and Tell Me to Leave My Se

    Quote Quoting Taxing Matters
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    [FONT=Georgia]
    The Texas case you linked earlier is nowhere near on point. That case involved a student in a public university who alleged that the school interfered with his free speech rights. That's a far different situation since free speech is guaranteed by the federal and Texas constitutions. The federal constitution does not give a right to smell of smoke, and neither does any state constitution, nor any federal or state law for that matter.
    That is a bit disingenuous on your part because the case was about free speech but it was also also about the good faith or bad faith actions that the professors and the graduation committee took against the student. I found that to be relevant to the discussion at hand. Did you read the opinion?

  3. #23
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    Jul 2014
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    Default Re: Can a Professor Call Me a Smoker in Front of the Class and Tell Me to Leave My Se

    What is up with this forum's arbitrary rewriting of history? Since my comment was deleted in an attempt to _______ ?

    The "regulars" here are "regularly" accused of being judgmental assholes by discreet individuals who come here looking for help. The entire rest of the internet are not the ones who are wrong.

    Its really unfortunate in my opinion that you have knowledge and expertise that benefits others, but not the ability to deliver it in an adult, non-judgmental way.

  4. #24
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    Default Re: Can a Professor Call Me a Smoker in Front of the Class and Tell Me to Leave My Se

    Quote Quoting RandallCS
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    What is up with this forum's arbitrary rewriting of history? Since my comment was deleted in an attempt to _______ ?

    The "regulars" here are "regularly" accused of being judgmental assholes by discreet individuals who come here looking for help. The entire rest of the internet are not the ones who are wrong.

    Its really unfortunate in my opinion that you have knowledge and expertise that benefits others, but not the ability to deliver it in an adult, non-judgmental way.
    It wasn't just your post that was deleted. This thread was starting to get a bit out of control and the moderator removed a whole lot of the posts that veered off away from what the OP had asked to more of a debate over whether what the professor did was morally/ethically appropriate, and that's not really what the boards are about. A whole lot of "regular" contributors got their posts deleted.

    Quote Quoting budwad
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    That is a bit disingenuous on your part because the case was about free speech but it was also also about the good faith or bad faith actions that the professors and the graduation committee took against the student. I found that to be relevant to the discussion at hand.
    I, on the other hand, did not find it particularly relevant. My having a different view of it than you does not make me "disingenuous". I can only assume you chose that term simply to be inflammatory. Do you value civil discourse?

    Quote Quoting budwad
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    Did you read the opinion?
    Yes.

  5. #25
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    Dec 2018
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    Default Re: Can a Professor Call Me a Smoker in Front of the Class and Tell Me to Leave My Se

    Quote Quoting Taxing Matters
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    It wasn't just your post that was deleted. This thread was starting to get a bit out of control and the moderator removed a whole lot of the posts that veered off away from what the OP had asked to more of a debate over whether what the professor did was morally/ethically appropriate, and that's not really what the boards are about. A whole lot of "regular" contributors got their posts deleted.

    I, on the other hand, did not find it particularly relevant. My having a different view of it than you does not make me "disingenuous". I can only assume you chose that term simply to be inflammatory. Do you value civil discourse?
    Then maybe The Deleter should have deleted everything except one line "No Texas Law was broken" and close the thread after that...since the rest is just opinion and filler.

  6. #26
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    9

    Default Re: Can a Professor Call Me a Smoker in Front of the Class and Tell Me to Leave My Se

    I think that is too much, you should never scold a student in front of the class. Does smoking affect your studies, well guess the answer, no? She should have confronted you in a proper way.

  7. #27
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    Default Re: Can a Professor Call Me a Smoker in Front of the Class and Tell Me to Leave My Se

    Quote Quoting Korollallex
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    Well, some people stink and smell but nobody calls them stinky in front of the whole class.. this is my personal right and my decision to smoke and in my opinion I have my right to chose where to seat!
    Well then, suck it up buttercup. Try not to be "offended", a fave vintage of whine your age-group embraces, by trivia.

    Quote Quoting budwad
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    That is a bit disingenuous on your part because the case was about free speech but it was also also about the good faith or bad faith actions that the professors and the graduation committee took against the student. I found that to be relevant to the discussion at hand. Did you read the opinion?
    Lawdy lawd! It's a self-immersed millenial Simple as that wad.

    A 4.0 GPA simply means you're educated. Smart is a totally different concept, of which it appears, the OP's inventory is low.
    I strive every day to be the kind of person my dogs think I am.

  8. #28
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    Default Re: Can a Professor Call Me a Smoker in Front of the Class and Tell Me to Leave My Se

    Quote Quoting souperdave
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    Lawdy lawd! It's a self-immersed millenial Simple as that wad.

    A 4.0 GPA simply means you're educated. Smart is a totally different concept, of which it appears, the OP's inventory is low.


    I don't see the connection with you quoting me and your response, as qute as it may be. This thread was scrubbed by the admin. My response was to TM about his comment that the case I linked to was irrelevant.

    Care to explain?

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