Searches and Seizures in the School Workplace: Where Does the Teacher Stand?

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Parts of the article below first appeared as Searches and Seizures in the School Workplace: Where Does the Teacher Stand? Education Law Reporter, 192, 1 (2004).

Searches and Seizures in the School Workplace: What are a Teacher's Rights under the Fourth Amendment?

by Nathan Roberts & Richard Fossey

In Shaul v. Cherry Valley-Springfield Central School District, decided in March 2004, a teacher sued a New York school district and several school officials for violating his constitutional right to be free from unreasonable searches and seizures under the Fourth Amendment. School officials had suspended the teacher based on allegations of impropriety toward a female student. During the suspension, officials searched the teacher’s classroom and a locked file cabinet; and they attempted to introduce some items that they found at the teacher’s disciplinary hearing.

The teacher filed a federal lawsuit, claiming that the workplace search was unconstitutional, but a federal district court dismissed his claim prior to trial (Shaul v. Cherry Valley-Springfield Central School District, 2002). On appeal, a Second Circuit panel affirmed (Shaul v. Cherry Valley-Springfield Central School District, 2004). In the appellate court’s view, the search was reasonable and did not violate the teacher’s constitutional rights.

Shaul (2004) is the only federal appellate court decision to examine Fourth Amendment constraints on school administrators who conduct workplace searches related to teacher misconduct. Thus, the decision provides important guidance to school officials across the country regarding the legality of such searches. In addition, the facts of the case illustrate some of the practical problems that arise when school officials search a teacher’s work area.

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http://www.springerlink.com/content/360w11621757v110/


About the Article

Journal: Journal of Personnel Evaluation in Education
Publisher: Springer Netherlands
ISSN: 0920-525X (Print) 1573-0425 (Online)
Issue: Volume 18, Number 1 / January, 2005
DOI: 10.1007/s11092-006-9004-5
Pages: 79-85
Subject Collection: Humanities, Social Sciences and Law
SpringerLink Date: Wednesday, May 31, 2006


Source:

http://www.springerlink.com