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  1. #1
    Join Date
    Aug 2008
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    Default Teacher Libeled by Students

    My question involves defamation in the state of: California

    Two students made a number of false accusations against me to their school conselor so that they could switch to another class. Both had a record of discipline problems in the class and did not like me holding them accountable for their bad behavior. I have a number of statements from other students in that class that completely refute what the two claimed. Their false claims resulted in a negative letter being placed in my personnel file. The district basically accepted their stories without question.

    Both are 18. I am going to send their parents a certified letter demanding that they, in writing, retract their false accusations or face a small claims suit for $5000.

    What do you think?

  2. #2
    Join Date
    Mar 2006
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    I live here. Actually in a little area called the Knob. In Ohio
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    292

    Default Re: Teacher Libeled by Students

    Why are you sending the letter to the parents? You stated both students were 18. Send the letters to them directly they're adults they need to handle their own situations.

  3. #3
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    Aug 2007
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    Default Re: Teacher Libeled by Students

    Quote Quoting BlueCrystal
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    Why are you sending the letter to the parents? You stated both students were 18. Send the letters to them directly they're adults they need to handle their own situations.

    That may be true, but since they are still in high school, whether at the age of majority or not, they are still in the care/cusdody and control of thier parents.

    This, of course is my opinion, and I may do it that way also? I would have to think about it some!!

  4. #4
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    Aug 2007
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    Default Re: Teacher Libeled by Students

    Quote Quoting dsawyers
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    My question involves defamation in the state of: California

    Two students made a number of false accusations against me to their school conselor so that they could switch to another class. Both had a record of discipline problems in the class and did not like me holding them accountable for their bad behavior. I have a number of statements from other students in that class that completely refute what the two claimed. Their false claims resulted in a negative letter being placed in my personnel file. The district basically accepted their stories without question.

    Both are 18. I am going to send their parents a certified letter demanding that they, in writing, retract their false accusations or face a small claims suit for $5000.

    What do you think?
    CA small claims DOES entertain libel/slander actions, yes.

    My first thought was, are you a "public official" which, if you are, you would have to prove MALICE, per the U.S. Supreme court's ruling. Malice is very hard to prove.

    My search shows, and you can check/read this case at a law library, the CA supreme court has ruled a public school teacher is NOT classified as such:

    Franklin v. Benevolent & Protective order of the Elks, 97 Cal app 3rd, 915; 159 Cal Rptr 131 (1979)

    Read up on some CA libel/slander law before you file suit. You MUST be able to convince or prove to the court, by a preponderance of the evidence, the requisite "elements" of such tort have been shown.

    I would personally consider consulting a 1st AM attorney for a case evaluation, and maybe s/he will handle it in a non inferior court??

  5. #5
    Join Date
    Mar 2007
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    9,096

    Default Re: Teacher Libeled by Students

    What does your union rep say?

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