Right, most US law (excepting Louisiana) is based either on statutory law or derives from English common law or in some cases courts of equity, although there is some Spanish law in the mix, particularly when it comes to marriage and property in some states. Here, law from the Hawaiian Kingdom can set precedent as well.
The accused (defendant) is not presumed guilty in civil court. The burden of proof is on the plaintiff.
If there were a presumption of guilt, then the plaintiff would only need to make allegations, and the Defendant would need to prove they were untrue without the Plaintiff presenting evidence. As oink said, preponderance of the evidence is the standard.
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It seems HAAS is taking this very seriously, and following the law in investigating. The lynch mob mentality doesn't really help at all, and in fact makes it worse. Perhaps the legal process should be allowed to proceed; after all no one is covering anything up.
I don't follow Damon, but if he injected some 40 year old irrelevant news to cloud the waters and defame a good person's character, shame on him.
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Completely agree mendo. And yes, Damian tucker definitely took a low blow at Mr. Hirikami....poor guy. Imo, It's completely understandable for the parents to be upset, however they are not going about it in a civil manner. Intimidation and threats will not get results. The "lynch mob" mentality is definitely creating damage than progress....sigh
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Here's what that Bastian of free speech just posted on his site;
If you are gonna make libelous and or bogus comments on my site… I will simply put your IP address into my bin of folks that can’t comment on my site anymore.
Don’t shoot the messenger!
Be lucky you have folks in your community that will allow you to express your thoughts and opinions......(As long as they agree with mine, hahahahah)-my Italics.
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I am sadden and alarmed to read such “mob mentality of Teacher bashing! All that has been posted are false allegations and career destroying gossip! The only truth is that Shannon was placed on “Administrative Leave” to investigate a parent’s outrages allegations.
Shannon was not fired but decided to leave a profession that Teachers these days, are subjects to bashing, unrealistic testing demands and have too many students with extreme emotional and disruptive behaviors in the classroom.
I know this Teacher; she is well educated, well qualified and loved by her students. She created a “positive learning environment” in her classroom. Unfortunately this year she had got every Teacher’s worst nightmare, “a parent from hell”!
A “Parent from Hell” is a family who is “out to get the Teacher, in hopes to be able to “Sue the Teacher and the school district”. Their children live in dysfunctional homes where alcohol and drugs are often prevalent. These children are often abused and suffer from neglect. These children come to school with a multitude of emotional problems and needs. These children are constantly disruptive in the classroom to seek attention.
A typical classroom has “special needs students”, other students with extreme emotional and disruptive behaviors. These children disrupt a Teacher teaching and disturpt other children when they were trying to learn. This is now a norm in a regular classroom.
Shannon also had another adult; an Aide with her at all times to help these students to learn. If these allegations were true, the Aide or the other adults that were in an out of the classroom would have spoken up to protect them.
I agree that no child should ever be abused, this is just a one sided case based on “haloe hating motives”. There is No “Restraining Order”, and the Allegations were found not to be true, dashing any hope of this parent’s opportunity to Sue.
@W.I.T.T.
Could not agree with you any more!
And, to once yet again clarify - NOT DEFENDING THE Teacher in any sense of the word - due process of law will determine guilt or innocence.
I will say however, this was one area I truly thought Mitch Roth would "close the gap" on why these allegations take so long to sort out and determine - which I think is a majority of the reasons, along with the choke hold the DOE has on this, as to why this "Mob Mentality" gets its fuel.
While I am 100% in support of the concept of innocent until proven guilty, when month upon months go by with no resolve, no resolution, no communication, I can see where the "Mob" - of which we must all remember, are not all that too smart, begins to inflict its misery. additionally, when month go by with a seemingly no action taken, it starts to fall under the category of "the appearance of an impropriety is an impropriety in itself."
With all DOE and State employment provisions of confidentiality and all included, this is something that should have been investigated and resolved in less than 60 days.
I have found that Damon Tucker's core conviction of free speech mirrors that of most of the Ministers of Information from all middle eastern nations.
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There's more to any story than meets the eye. Taxpayers'll be footing the bill for this one big-time, when the educator in question sues and wins.
