Defamation/Discrimination/Slander Case

Hi. I am new to the forum area, but have been a member of LegalMatch for quite some time. I would like some input on my situation before going to an attorney and spending money, if I don't have a sound case.

First off, I'm a single, 39 year old female with a 17 year old son that will be a Senior and graduating in 2010. I have been a Paraeducator at the same school for the last 5 years. I've always had good job evaluations and have never been written up for anything. I was written up in April for not following IEP provisions by being present in the regular education classrooms for the entire class period and Failure to adequately manage student conduct and behavior by maintaining a teacher-student relationship. In this meeting, the principal of the school and the Director of the Paras for our District were present. The principal proceeds to tell me that I'm supposed to be in the classroom for the entire class period, even if the regular education teacher tells me that I'm not needed and that I was too friendly with the students. I had no idea what he actually meant by that but what it implies is not good. On the last day, all the Paras had to have a check-in with the Para Director. I went in and told her that since my son was going to be a Senior the next school term, that I'd like to be left where I've been for the last 5 years. She proceeds to tell me that it would be up to the principal because he had told her that he had heard that there were students coming over to my house and staying late at night. Then I told her that my son is a very popular student at the school and has lots of friends that come over to hang out with him and play with him on his X-Box or has him fix their X-Boxes, computers, or cell phones. He's very electronically savvy and plans to pursue a Video Gaming/Computer Technology Degree when he graduates. I also informed her that any students that did come over left before Curfew, which is 10:30. She said that she didn't know about that, but that's what the principal had told her. I recently found out that I will be transferred to another school, so I will not be able to see my son at any of his Senior activities. Most, if not all of the people that have been transferred to other schools are closer to where they live. I, on the other hand, live in the same town as where I worked for the last 5 years and actually moved late last year so I wouldn't be driving 2 hours a day to and from work.

I have spoken with the Director of the Co-op (my actual boss) about this situation and he's unsure if I will be able to stay where I've been or not. I even suggested that another para that lives in the same town as where they want to transfer me to, and has to share one vehicle with his parents, switch, because he sometimes could not come to work because he didn't have transportation to get there. It would make sense for him to work in the town he lives in, so the transportation would not be an issue and I work in the town where I live. I am also planning to discuss this matter with the Superintendant of the school.

Here lies the second issue. I have been taking classes to get my Teaching Degree since 2005. I have about a year or so left until I will be able to teach. I have contacted KNEA(of which I'm a member), since I am a student pursueing a teaching degree and they told me that since I'm just a Para and not a certified teacher, their hands are tied. All of this stuff about me being too friendly with the students and not maintaining a teacher-student relationship is in my personnel file. When I do receive my degree and go to find a teaching position, I fear that will hinder my prospects of getting a teaching job anywhere. What the principal put down in my write-up and what he told the Para Director implies some very serious things, none of which I would ever do. I feel that if I were married and not a single parent, there would be no issues whatsoever. But, since I am single and my son's friends come over to hang out with him, I am being singled out and discriminated against for being single and female, also while having the serious implications of the write-up and word of mouth of these implications told to my boss.

I'm sorry about being so winded, but I feel the need to explain the circumstances around what's going on here in totality, because of the severity of these issues. I am also very upset about this because these accusations are completely false and I fear that all of these years and money that I've spent toward my teaching career will be for nothing. I also want to add that none of students I worked with received below average grades the entire school year.

Please let me know what you think and whether or not I may have a discrimination/defamation (slander or Libel) case? Thanks so very much for taking the time to read this lengthy post.

Nothing in your posting suggests you have been libeled or slandered.

If it is your employers opinion that these things are the case, it is not a formal accusation of wrongdoing, just their opinion.

Now, had they alleged you had specific interaction with a student that broke the law then that would be slanderous/libelous. However, their commenting on what they see as the tenor of your interaction with students is just that--their opinion. As a former teacher before heading to law school, I can assure you that you would do well to learn and listen to what they are saying.

Nothing in my student teaching evaluations ever was relevant to my securing a job as a licensed teacher. In other words, my evaluations as a student teacher were not considered in the hiring process. The fact I had a teaching certificate and had graduated and become a licensed teacher is what was relevant.

These people are in place for you to learn from them. This is the time to do it and not later when a parent may make an ugly untrue accusation when you are his or her child's teacher. The bottom line is that something that is happening, while not WRONG, is giving the wrong impression. The result can be the same. I would apply myself to figuring it out now so it does not come to light at a later date.

Your guessing the reason they feel as they do is because you are single is not supported by any factual statement you have made in an attempt at substantiating such a claim. What you think or feel or interpret or guess is not actionable. And you cannot sue them 1. for why you think they are of this opinion and 2. because you think it MAY in the future cause difficulty for this review to be a part of your personnel file.

Good luck.

Hi. I do appreciate your reply, thank you. I did state that in my write-up meeting, the principal said that "I'm being too friendly with the students" AND he also told my boss that he heard students were coming over to my house and staying late at night (after I was no longer in the room). That in and of itself implies that there's something going on, that's not going on. Also, that was put in my personnel file and those types of accusations are very implying especially seeing the trend of teachers becoming sexually involved with their students. Therefore, the implications are there and have been told not only to me, but also my boss.

This is what LegalMatch says about Libel and Slander:

What is Libel and Slander?
Libel and slander is the making of false statements about another person or business to someone else.

* Libel is a false and malicious statement about someone else, expressed in print. This statement can be made through writing, pictures, signs or other printed material.
* Slander is a false and malicious spoken statement about someone else.

Collectively, libel and slander are known as defamation.

How Do You Prove Libel or Slander?
To prove either libel or slander, the written or oral statement must fulfill three requirements:

1. Communicated to someone else - a nonessential third party
2. Harmful to the reputation of the person the statement refers to
3. Malicious

You answered your own question.

Your boss is not a "nonessential" person, nor is your personnel file.

The statements have not been harmful to you--aside from offending you personally that someone else could think this of you. You are GUESSING that at some point in the future it MAY harm your reputation .

And the statements were not malicious. They were constructive. This does not mean they are ACCURATE because they ARE opinion. It means they are constructive. It is their JOB to teach and inform you of how to be the best teacher you can. They are TELLING you that this is an area that CAN, in the current political landscape of inappropriate behavior between student and teacher, become potentially a problem.

They have to protect themselves as well. If they FAIL to document things they FEEL may potentially be a problem if NOT addressed, then THEY could be liable.

No one has asserted you have done anything wrong. You don't like their comments and are offended by them. I understand that. But in all truth, everyone who has ever held a job has had this type of interaction with a superior who they felt was wrong in their assessment of their performance.

You are there to learn. Take it with a grain of salt. If it is a valid observation, learn from it. If it is not valid, and is entirely off base, learn from it.

Bottom line--nothing you have said remotely fits the definition of malicious slander told to a third nonessential third party.

Ok, again, thank you for your input. As I said before, I have a 17 year old son and he is the reason that his friends come over. Also, the verbal communication to my boss from the principal stating that "there were students coming over to my house and staying late at night" was said in between April 8th(the date of my write-up) and May 21st(the date of my notebook turn-in and last day of school).

Also, I realize now that I did forget to add a couple of things, although it sounds like that you may not see these as relevant either...I live in a 5 family apartment building, that has 2 other families with 15-16 year old children. They have friends, male and female, that come in and out at all times of the day and night. I live caddy cornered, half a block from the school. I can look out my living room window and see the front office, as well as the principal's office. When and if, he sees any students coming and going, to and from my house, they may be coming over to see my son, or they may be coming to see the other 15-16 year old students that also live in my apartment building.

The reason I'm being transferred to another school is because of these things that were said to my boss by the principal, even though I've worked at the same school, without any incidents whatsoever, for 5 years. To me, that is malicious and harmful to the reputation of the person it refers to, because the town I live and work is a very small town and word spreads like wildfire.

Being transferred to another school is not malicious nor would it be expected to be viewed that way by other people.

The fact you think people gossip and speculate does not mean that the school did anything wrong----people just gossip and speculate. I am not sure that anyone would think anything of your being moved to another school. Now, had you been FIRED, that would be different.

They are allowed to hold this opinion of you if they want. And sure it may not be fair. You don't have to justify anything at all.

However, what they are saying is a serious matter----it is not, at this point, an allegation of wrongdoing, but rather just a way to improve and become the best possible teacher you can be (in their opinion)--and since it is their opinion that matters, since they are the employer, I would take heed.

That DOESN'T mean they are CORRECT in their assessment........... it just means they are bringing to your attention things THEY feel could be harmful to both you and them in the future if they are not addressed now---and now is the time to address them, NOT when you are a licensed teacher.

Good luck.

This article may be useful: Libel versus Slander Lawyers