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Arbitration - Assignment Example

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O’Connell has the burden of proof, that is, the individual initiating the lawsuit also known as the plaintiff. He holds the burden of proving his case by the majority of the evidence. He must offer facts of his claimed damages by indicating that the incident was more…
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Download file to see previous pages... O’Connell are of equal argument, this implies that the teacher failed his stance on the burden of proof. In short, the tie moves to the defendant as he does not have to provide proof of anything. Therefore, the defense in such a case can freely poke flaws in the plaintiff’s case. If the teacher-student were to successfully prove of the wrongs done against him in the punishment, then the case must be accepted as true by the arbitrator. This would mean that the case is beyond reasonable doubt.
The size and task carried by the gym teacher are of relevance to the case as Mr. O’Connell testified that the student pushed him. Averaging from the size of most seventh-grade students, a mature adult is no match for such. Therefore, this should not have been a justification to lift the student from the back in a harassing manner. Again, as an African-American, the student’s orientation is worth concern to the incident. Mr. O’connel should have his past reviewed of his encounters with other students of such race. It could reveal a trend probably missed in the investigation.
The administration’s take on Mr. O’Connell past discipline cases that went unpunished are also of relevance to the case. The classification of discipline cases by the administration should also be evaluated. Questions must also be raised on the possibility that he has had similar or worse scenarios that have gone untold by students for fear of suspension or such threats.
Mr. O’Connell was unjust. In an arbitrator’s point of view, the student’s past ought also to be the question, the background, and emotional stress should be evaluated. Given that the conversation between the student and Mr. O’Connell before Mr. Smith’s arrival was not document, this leaves flaws questioning the eligibility of the generalization to the term obscenities. Could it have been possible that the teacher triggered the harsh conversation or was it the student? African American students have a ...Download file to see next pagesRead More
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