What if a child dies in school detention? Suppose that a child behaves badly in class and is detained after class. The child has some illness, which isn't easy to notice, but he is too shy to tell his teacher. His teacher doesn't know of his illness, does not notice his illness, and does nothing special relating to his illness. Sadly, the child dies during his detention. Will the teacher be considered responsible for this by law?
In the US, detention does not add anything: we can generalize the principle to any time when a student is in the custody of the teacher (classroom, field-trip, sporting event...). One question, for the scenario that you describe, is whether the injury was foreseeable. Suppose the injury is an abdominal aortic aneurysm – this is not foreseeable. The question that the court would ask is whether a person exhibiting reasonable caution and care would know that there is a possibility that the child has some condition. The details regarding this condition &quot;not being easily noticeable&quot; are essential to the outcome of the case. A child coughing up blood should be immediately treated medically, it is not reasonable to assume that a child who sneezes (once) is in imminent danger. The teacher's response is also important, and again this is a very fact-intensive inquiry. A child who has a heart attack should not be told &quot;go talk to the nurse&quot; (let's assume that the teacher correctly notices that this is a heart attack happening), 911 is the correct (minimal) remedy. Perhaps using the auto-defibrillator also part of the reasonable standard of care for a teacher (assuming there is one, and that the teacher has been trained how to use it). Then finally, the teacher is not liable if their actions / inactions don't cause the injury. In the case where a student suddenly dies, the fact that the teacher didn't somehow prevent the death doesn't make the teacher liable. But if the child is bleeding and the teacher decides &quot;We can deal with this when detention is over&quot; and the child bleeds to death in the interim, we would conclude that the teacher's lack of care caused the child's death. The school might also be liable on various grounds, for example if the school has no nurse and has no practical way for the teacher to contact emergency medical services. Some school policy which unreasonably restricts the teachers exercise of reasonable care could make the school liable. At any rate, &quot;the child died&quot; does not cause absolute liability, what confers liability is the actions and inactions of a party.
If the DA decides to press charges (we don't know) and if he is convicted (looks like a solid case), the problems are not just the sentence itself. There might be a probation period with conditions like drug tests and counseling, with penalties if he misses them. It is legal to discriminate against people based on prior convictions. While California has some restrictions on when employers may ask, they can make it one part of their assessment.
No, the GDPR does not apply to dead persons. Consequently, no data subject rights exist that could be exercised. However, member state law may recognize such rights (perhaps derived from posthumous personality rights), and there is a variety of approaches between jurisdictions.
He does not need to be mirandized unless he is being arrested and the officers want to use things he will say as evidence. The officers in your situation seemed content to let the matter be handled through the school. If they had wanted to arrest him, they could easily have done so as soon as he pulled out the joint and handed it to the director. The "write a confession or you will leave in handcuffs" pretty much invalidates it in a court of law. Even if it weren't excluded, his testimony as to why he wrote it looks pretty bad in front of a jury. That said, I doubt that's where this case is headed. My understanding is this: The school director and two police officers caught your son smoking marijuana on school property. The punishment they sought is that he admit culpability and that he continue school online, and (presumably) on probation. In the grand scheme of how these cases could go, this isn't that bad. There are some procedural irregularities you could press, but there's enough evidence without the irregularities that work against your son. Having said that, sign nothing without consulting a lawyer. But it could be worse.
There is no nationwide prohibition on physical contact between teachers and children. But there are positive duties for child safeguarding which might result in a local policy that is more restrictive. The exact legal background is different depending on whether this is happening in England, Scotland, etc., or on whether it's a state or private school, but the net result is the same. For music tuition which takes place outside school, bodies such as the Independent Society of Musicians (the UK's main professional association for musicians and music teachers) will have their own policies for members. For example, for state schools in England, the governors must &quot;make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school&quot; (Education Act 2002 s.175(2)). This is a bit of a mouthful, but the rough idea is that the school has to implement certain policies in the interests of the child, including protecting them from sexual abuse and grooming. The school has to take account of statutory guidance from the Department for Education. In addition, there are standards for teachers' conduct which are used to assess their performance, and include language around safeguarding duties as well as &quot;proper and professional regard for the ethos, policies and practices of the school in which they teach&quot;. Now, there is nothing here to say that a teacher can never make physical contact with a pupil. There are rules about how allegations of abuse are meant to be handled, as well as the general employment law around unfair dismissal, which would mean that accidentally touching a child ought not to result in immediate sacking. A particular school could decide that on balance, the appropriate policy is one of no physical contact at all, or they could be more nuanced (which is likely). Whatever policy they do have must be communicated to the teaching staff, who naturally are meant to follow it - although again, there are requirements of fairness on the employer as to how they handle noncompliance. Given that overall framework, scenarios of accidental touching, or administering first aid, or breaking up a dangerous situation, are different from physical contact as part of normal instruction. Even a local policy which ostensibly says &quot;no touching ever&quot; would have to give way to the Education and Inspections Act 2006, s.93 which specifically authorises our hypothetical teacher at an English state school to use reasonable force to stop a pupil injuring someone else, among other examples. That is also in line with the teachers' duty of care towards the wellbeing of their pupils. These examples are not really the same as what is happening in an ordinary music lesson. Meanwhile, outside the school gates, the Independent Society of Musicans has its own Code of Conduct which includes specific rules about touching in Annex 2, paragraph 20. Physical contact between teachers and pupils is only appropriate in very limited circumstances. Teachers should consider using other strategies such as demonstrating for the student to copy or using a mirror. If a teacher intends to use any physical contact in their teaching, they should state this in writing before lessons begin and ask the parent or guardian to sign that they have read the document. Explain the type of touch involved, where on the body and why, and make sure the pupil is aware of the reason for physical contact. Explain this orally to parents, guardians and pupils, and keep them informed of any need to modify the type of touch required as pupils progress. It is not advisable to touch a child on the trunk of the body unless there is a justifiable reason (e.g. to administer first aid). It is not appropriate to touch a child around the chest, waist, diaphragm or ribs in order to teach breathing. These rules are also made in the context of safeguarding, with the threat of terminating ISM membership (at least in principle). Note that this does not say that touch is disallowed, but does ask it to be limited and respectful, and clearly signalled to the child and their parents or guardians. Other professional societies may well have their own rules. All of this is happening at the level of law and policy, and so it's a little removed from the highly emotive social question of what sorts of behaviour are considered acceptable. Someone who teaches music in the UK would be exposed to a range of strongly-held views on the topic, which don't necessarily relate very clearly to the legal minimum requirements.
If the pill contained a harmful or noxious substance, this is battery, which is a crime in Lousiana ("the intentional administration of a poison or other noxious liquid or substance to another"). There is a specific crime in LA, battery of a teacher, which is dealt with somewhat more severely than non-teacher battery. It is not a crime to observe a crime being committed and not warn the victim, but it is a crime to aid the commission of the crime (for example to help the perp remove the lid, to supply the drug). Under section Title 17, a teacher battered by a student can file a school-system internal complaint which may lead to the student being expelled (this is ultimately covered by district-specific procedure). This is independent of criminal charges.
Probably Not In general, the law gives a school significant discretion on how to run its courses and grade its exams. And it is unlikely that getting into a lawsuit over a grade will be a good way to proceed. You could explain more fully to your instructor why you feel unfairly treated, and if not satisfied by the response, go to the department chair or other higher authority as the structure of the school may provide. I would suppose that the instructor had permission to require the 3rd party software, or that school policy gives an instructor that option. It might be worth confirming that, however. For future tests you might be able to shutdown or suspend all popups to avoid the problem happening again. A &quot;game mode&quot; sometimes will do that.
Modern legal systems frown on individual retribution. A victim of a crime is not allowed to punish the perpetrator of the crime; that falls to the state. The answer is therefore yes; the person could be arrested, tried, and punished, including by imprisonment.