Kentucky Education Law Questions & Answers

Q: I got fired from my job today after taking a 2 day emergency leave because I was in the hospital . They took me off of

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for Kentucky on
Answered on Apr 6, 2019
Timothy Denison's answer
Unfortunately, Kentucky is an “at will” state, which means they can fire you for any reason at all or no reason at all.

Q: Guy got expelled from my high school for expressing his opinions in a paper; the school took it as a threat. Thoughts?

1 Answer | Asked in Education Law, Civil Rights, Juvenile Law and Libel & Slander for Kentucky on
Answered on May 5, 2018
Timothy Denison's answer
We really need to see the contents of the paper to determine whether a threat was made or even intended. Obviously if he’s suing them, his lawyers think he’s on pretty solid ground. Publish the article he wrote when he gives you permission and a much clearer discussion can be had.

Q: HS Basketball coach made my son switch his shorts with another players shorts that had blood on it during a game.

1 Answer | Asked in Entertainment / Sports, Criminal Law, Education Law and Personal Injury for Kentucky on
Answered on Apr 29, 2018
Timothy Denison's answer
Not prudent but not criminal unless the blood was infected, the Coach knewcor should have know it was infected, and intended harm to your son.

Q: Is possession of marijuana illegal on school grounds even if the person claims that they weren't aware of the marijuana?

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Kentucky on
Answered on Mar 4, 2018
Brendan Joseph McLeod's answer
There is no criminal offense that is strict liability in Kentucky. You have to have known marijuana was on you and in school. I don't think it is enough to say, "yea, its mine. But, I swear I left it at home with my bong and album cover I use to de-stem my stash."

Being absent minded would be a "reckless" mens rea and the marijuana is yours. Stick with I have no idea and it wasn't mine. I mean, why would I keep stinky marijuana in my own backpack (other than I wanted to bring it...

Q: My daughter is 15 and was assulted by 2 different girls in the same day different times

1 Answer | Asked in Criminal Law, Personal Injury, Education Law and Juvenile Law for Kentucky on
Answered on Jan 27, 2017
Peter N. Munsing's answer
Talk to an Education Law Center if they have one ; contact a member of the Kentucky Justice Assn who handles education issues--they give free consultations.

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