Mock Trial ....... plz help me if u're lawyer or good in dis kinda of stuff...?
here is the Mock trial plz read till the end .... what I'm doing is defending the school district .. so plz help me defend the school district in dis following trial >>
Dennis Dawkins v. the Mayville school District
A Mock trial
Dennis Dawkins was a 38-year old physical education teacher at Mayville High in Mayville, Centralia, located in the upper Mid-West of the united state. He had been an employee of the school district for 9 years.
On February 10 of 2007 Dawkins was fired from his job. His principal, Kenneth Kane, claimed that Dawkins had violated the schools anti-racism policy in his classes, by separating the white and black boys during gym classes. According to Kane, he received complaints from students and parents about this practice, and had ordered Dawkins twice-in 2005 and 2006 to end it. And on October 20, 2006 Kane formally reprimanded Dawkins, in writing. Finally, after learning that Dawkins was continuing his “policy of segregation,” Kane fired him. The superintendent of the school district, and school board, supported Kane’s decision.
Dawkins insists that he did nothing wrong. He points out that the school district’s anti-racism policy, which “prohibits discriminatory or unfair treatment of any student based on race,” gave him the latitude to separate student based on ability, which is what he says he did. He admits that his class teams were, often times, all-black or all-white, but that this was done because of the students’ abilities, not because of race. He further argues that very few students or parents, ever complained about this practice, which had continued for nearly nine years.
Dawkins insists filed suit in Centralia Superior court, alleging unfair he was unfairly fired publicly humiliated, and made a public spectacle. He claims that his wife and two children, aged 15 & 16, have suffered embarrassment and harassment because of continuing debate, in the newspaper and throughout the town, over his firing. He asked that he be reinstated at the school, awarded back pay, and award $2 million in actual damages and $ 5 million in punitive damages.
The student parents and residents are deeply divided over Dawkins’ firing, and many are prepared to testify, either for Dawkins or for the school district.
The jury – citizens of Centralia will be asked to determine whether, in this case Dawkins was unlawfully fired from his job.
- CatLawLv 61 decade agoFavorite Answer
You did not say if the teacher has a contract or is a member of a union. Without a contract or union contract the teacher would be an 'at will' employee and as such could be terminated at any time for any reason except what has been legally determined to be Discrimination Bases -- see www.eeoc.gov
If the teacher is under a standard teaching contract that contract will have a clause that allows the school district to terminate the teacher for a serious offense or cause. Here the serious offense is two-fold 1. the teacher was told by his superiors NOT to separate teams by race. He did not follow the orders of his superiors and therefore could be terminated for "Insubordination".
2. Both Federal and state government take the issue of discrimination by race very seriously. The Federal government has issued several laws such as Title VII to prevent racism -- again see www.eeoc.gov Employers are required by Federal and most state laws to, at a minimum, investigate any allegation of racism. Any action which could be construed as racism should be stopped. This is not only to follow the spirit of TItle VII but to prevent violence that can erupt when one racial group is oppressed.
The school, as a state owned entity must follow all state anti-racism rules. As such anything that hints at the potential of being illegal must be stopped before those actions (here potential racism) is impuned upon the state.
So the school district is legally in the right to terminate an employee who does not follow orders of his supervisor and who continues actions which could potentially be viewed as racist.
As for the teacher who sues because "he was unfairly fired, publicly humiliated, and made a public spectacle" that sounds like his suit is defamation of character WHICH a state employee may not be able to bring against a state agency (the school district).
In the real world of employment law he would not get to a superior court. There is no cause of action called Unfair Firing. In most states an employee can not sue an employer for defamation. The employee would probably go after the newspaper, which would be dismissed. AND if the school reinstated him within 6 months he would be fired again this time for an iron-clad reason.Source(s): Illinois employment attorney
- 4 years ago
Ooh, I'm on Mock Trial too!!! It's so fun! Anyway, I wear a white button down shirt, a high waisted black pencil skirt, and red stiletto heels. Most of the girls on my mock trial team wear something like that. The musts are a pencil skirt, heels, and a nice up-do, like a french twist. Good luck, you'll have so much fun!