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Posted on: Thu, 05/08/2003 - 3:35am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by Cam's Mom:
[b]Gail,
Even if he had reported the incident to law enforcement, it would have been after the fact. Their liability still is the same because he didn't stop the act once he knew it was being violated.
[This message has been edited by Cam's Mom (edited May 08, 2003).][/b]
Sorry. I don't follow this. Can you elaborate? Are you saying the teacher/prinicpal is responsible for stopping the act of your dd drinking any more? once they realized she had been drinking?

Posted on: Thu, 05/08/2003 - 3:36am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Gail were you the girl at the table across from me in high school on the debate team?
[img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]

Posted on: Thu, 05/08/2003 - 3:41am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Yes Gail, the teacher knew she was under the influence of something but didn't report it until after class (70 minutes later) and then my daughter went back out and drank more, which is where she was found unconcious. Had they took action immediately when they realized a student was under the influence then she wouldn't been able to drink more or even if the damage was already done there would have been immediate medical attention rather than 2 hrs later, when she was in an acoma state, she never would have gotten to that state with immediate attention and action.

Posted on: Thu, 05/08/2003 - 3:48am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Ya, then I'd think his inaction would be negligence... = liability. MHO.
My brain is hurting. Lana, where are we at? I'm not feeling that I've change my original opinion too much...
Deb O, thanks for joining in. I'd bet that Lana feels like me...ready to hand off the batton to someone else for a while and catch my breath. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]

Posted on: Thu, 05/08/2003 - 3:53am
synthia's picture
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Joined: 10/05/2002 - 09:00

Lana
I agree with you 100%
The teacher was aware of the issue and choose to do nothing,there for she and the school should and can be held liable.
Love this site
Synthia

Posted on: Thu, 05/08/2003 - 3:55am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by Cam's Mom:
[b]Gail were you the girl at the table across from me in high school on the debate team?
[img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img][/b]
Na, I was the one in the gym... gymnastics team, not debate team.
(Hey! Guess the physical contortions might have been good practice for debate tho! LOL! [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] Probably encouraged some 'spirit of competition' in me too... [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] )
I like having you at the debate table with me, Lana. I enjoy it and thank you for it. I think I need to bow out and get back to ... uh... my life. I hope to see some others join in... and hope you revisit the subject with you sometime Lana.
Gail
[This message has been edited by Gail W (edited May 08, 2003).]

Posted on: Thu, 05/08/2003 - 3:58am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by synthia:
[b]Lana
I agree with you 100%
The teacher was aware of the issue and choose to do nothing,there for she and the school should and can be held liable.
Love this site
Synthia[/b]
me too. My point being the teacher was aware of a possible [b]illegal [/b]activity- -a minor under some sort of influence-- and therefore should have addressed it. hope that was clear in my earlier response.
Hope you'll stay, synthia!
TTFN (That was in honor of you, Lana. [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] )
[This message has been edited by Gail W (edited May 08, 2003).]

Posted on: Thu, 05/08/2003 - 4:10am
erik's picture
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Joined: 05/15/2001 - 09:00

Quote:Originally posted by Gail W:
[b] Would they ban guns ..... if there was no law[/b]
In Canada they would. We have no right to bear arms here in Canada (unlike in the USA).
Schools here in Toronto would defijitely ban guns even if there was no law.. we are anti-gun here.

Posted on: Thu, 05/08/2003 - 9:04am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by Cam's Mom:
[b] Gail, ... with a PF policy, he simply doesn't have a law to back up his enforcement, but he still has enforcement duties. Where is his liability if he decides not to pose a PF area for my son and then he has a reaction, he has been made aware of the danger that the pnut poses, but yet did not have preventable measures. [/b]
Yes! IMO, [i] this [/i]is where to focus. From this somewhat opposite way to address it: addressing his liability from [b]not [/b]providing adequate policy addressing PA. i think his is where you do have legal leverage.
I'm rephrasing your statement above to this question: [i] "where is the school's liability if they do not provide preventive measures to keep my son safe?" [/i] I think that if you pressed forward from this angle, you'd have more success than if you pressed with the PF question.
In our case, we weren't quite that direct, but our request was essentially the same: [i] "what specific preventive measures (in writing, please) will the school put into place to keep our daughter safe." [/i]
Maybe we can or maybe we can't prove our "right" to "Peanut Free" in the US. (I'll be the first one to cheer you on, Lana. Really.) But we (Americans) [b] know for certain [/b] we can excercise our ADA rights. So why not go this philosophical route?
(I know you will use the protection of the 504.)
Sorry to continue to hammer away at this when you've obviously left...
Now you know what my school had to endure w/ me! [img]http://uumor.pair.com/nutalle2/peanutallergy/rolleyes.gif[/img]
[This message has been edited by Gail W (edited May 08, 2003).]

Posted on: Thu, 05/08/2003 - 11:44am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by Gail W:
[b] Na, I was the one in the gym... gymnastics team, not debate team.
[/b]
I was teacher's pet.

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