ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Kentucky Blogs -> Kentucky Cases

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Kentucky

: Kentucky Cases

Torts - Causes of action, private schools (breach of contract, libel, slander, invasion of privacy): Bentley v. Trinity Christian Academy (COA 5/29/2009)

By Michael Stevens

ADVERTISEMENTS
Bentley v. Trinity Christian Academy
2008-CA-000574 05/29/2009 2009 WL 1491351

Opinion by Judge Dixon; Judge Moore and Senior Judge Knopf concurred.

The Court affirmed an order of the circuit court granting summary judgment in favor of the appellee private school on appellant?s claims for denial of due process, breach of contract, libel and slander, and invasion of privacy related to the expulsion of a student from the school.

The Court first held that the school?s student handbook did not guarantee the same due process protections as provided in public schools and even if it did, because the student was informed of the allegations against her and was given the opportunity to respond and defend her actions, her due process protections were not violated.

The Court then held that the school did not breach the contract by failing to follow the five-step disciplinary process or failing to document prior discipline issues in writing as the school retained the discretion to expel or suspend a student who committed a major offense, even if it was a first offense. Further, the student failed to avail herself of the required remedy of following the proper grievance procedure for appeal to the school board.

The Court next held that appellant failed to present sufficient evidence of libel and slander. The headmaster?s interviews with students to question them as to the details of what they had heard or observed of the alleged incidents was not slander when there was no allegation that he divulged information or opinions to the students. Further, emails from the headmaster to the school board following the student?s dismissal were properly characterized as internal reporting memos and fell under the purview of a qualified privileged communication.

The Court finally held that appellant failed to present sufficient evidence to support a claim for invasion of privacy. A letter sent to parents requesting permission to discuss with students their knowledge of the dismissed student did not contain any details of the dismissal and parents were specifically informed that students were not obligated to discuss the matter. The Court rejected appellant?s claim that the letter gave unreasonable publicity to the student?s private life and that it placed her in a false light. The complaint, which was public record, contained more detailed information than that included in the letter, the student published information on her MySpace page and the mother discussed the dismissal with a number of other parents. Therefore, neither had an expectation of privacy.

Full post as published by Kentucky Cases on September 09, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0195 secs (new cache)