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ARTICLE · 01 JUNE 2023

Legal Mailbag – 5/25/23

Shipman & Goodwin LLP
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As most school administrators would agree, 99% of our time is spent with 1% of the population, which includes a small number of recalcitrant students and staff members.

United StatesConsumer Protection
Thomas B. Mooney
Thomas B. Mooney
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Originally appeared in the CAS Weekly Newsletter

Dear Legal Mailbag:

As most school administrators would agree, 99% of our time is spent with 1% of the population, which includes a small number of recalcitrant students and staff members. I recently investigated a case of alleged staff misconduct. The accusations were quite egregious and even resulted in a referral to an "outside agency."

After the investigation, the staff member's union requested copies of all witness statements, which I happily complied with. Since I had recently watched an episode of "Law and Order," I used an extra thick Sharpie marker to redact the identity of the victim along with other student names. The union then demanded unredacted versions of witness statements. This resulted in a virtual electronic tug of war between the administration and the union regarding the redacted names. I am certain Detective Stabler said the identity of a victim could be shielded from disclosure.

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