Dr. William Allan Kritsonis, School Law - Educaitonal Law & Policies - Personnel Issues and the Law - Employment - Litigation - Court Cases - Due Process - Legal Issues and Trends - Discrimination

1. William Allan Kritsonis, PhD
EMPLOYMENT QUESTIONS
1. In order to establish due process deprivation of property
interest under the Fourteenth Amendment, plaintiff must
establish:
a. Proof beyond reasonable doubt that defendant acted
with malice in depriving plaintiff of that interest.
b. A legitimate claim of entitlement to that interest.
c. Substantial evidence that plaintiff exceeded
defendant’s expectations.
d. None of the above.
2. In the absence of any claim that the public employer was
motivated by a desire to curtail or to penalize the exercise
of an employee’s constitutionally protected rights
a. We must presume that employer’s action was
regular.
b. The court must resolve doubts in favor of the
employee.
c. The employee must be required to present new
evidence.
d. None of the above.
3. The constitutional provision prohibiting persons from
holding more than one office of employment does not
apply to:
a. City mayor who also served as state representative
b. Justice of the Peace who also worked as a teacher
c. Public school principal who also worked as aide to
the School District Superintendent
d. None of the above.
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2. William Allan Kritsonis, PhD
EMPLOYMENT QUESTIONS
4. A non-tenured state teacher who is not rehired for
another year:
a. Has a constitutional right to have the reasons for
non-renewal reviewed by a judge.
b. Has a constitutional right to be reinstated if the
school’s decision is found to be capricious.
c. Has a constitutional right to an injunction
prohibiting the school from enforcing the decision
until the court determines its validity.
d. Has no constitutional right to a hearing, unless he
needs to clear his name.
5. A private school teacher was dismissed due to an article
she published in the school paper attacking the school
administration. She contested her dismissal before a
court of law on the ground that it is a violation of her
right to free speech. Which of the following would be most
likely to happen:
a. Her suit will prosper because her right to free
speech was violated.
b. Her suit will prosper because the school
administration must respect the integrity and
independence of the school paper.
c. Her suit will not prosper because she may not
assert her right to free speech against the school
administration.
d. Her suit will not prosper because she should have
cleared her article with school administration before
publishing it in the school paper.
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3. William Allan Kritsonis, PhD
EMPLOYMENT QUESTIONS
6. A non-tenured public school teacher was not rehired
because of an alleged drinking problem. He was not given
an opportunity to respond to this charge. Which of the
following would be most likely to happen:
a. He will be reinstated if he proves that the charge is
untrue.
b. He will be given an opportunity to present evidence
to clear his name.
c. He will not be given an opportunity to present
evidence because his term contract has expired.
d. He will be entitled to damages for lost income if he
proves that the allegation is false.
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4. William Allan Kritsonis, PhD
EMPLOYMENT QUESTIONS
ANSWERS:
1. b
2, a
3. b
4. d
5. c
6. b
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