Administrative law, Business Law and Ethics

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QUESTION

Miss Titch Herr, a newly appointed education officer, starts her day at No Nonsense State Secondary School (NNSSS), an institution wholly subsidized from public funds which is managed by the Utopia Educational Trust (UET). At one time, she had temporarily turned her back to her class to explain from the white-board when one of the students, Ein Solent, directed, with an elastic band, a paper missile at her back but which hit her at her bosom. Being particularly irritable that particular day, Miss Titch Herr, on an impulse, responded by flinging the marker which was in her hand at Ein Solent. The marker hit the latter at his face, causing a haematoma at his jaw. Ein Solent left the class, spat at Miss Titch Herr and reported the matter to the Police. He picked up a PF58 and visited the hospital. The next day, Miss Titch Herr received a letter from the Rector of NNSSS to the effect that he had been requested by the Utopia Education Trust to request Miss Titch Herr to submit her resignation immediately on the ground of criminal conduct against a student in class. She did so under protest. On reflection on her way home, she concluded that she had been more sinned against than sinning and taken the wrong decision to terminate her job.

Advise Miss Titch Herr whether -

(a) She has a case against Ein Solent

(b) She has a case against the Rector of NNSSS

(c) She can challenge the decision of the UET

(d) What are the respective remedies available to her, against each of the parties involved in -

  • Civil law
  • Criminal law; and
  • Administrative law?

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