Court Decisions In Other Cases Term Paper

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There are several possible alternative solutions to this problem. The first solution is that the girl can be grandfathered in. Being grandfathered in means that a situation existed before a particular situation was decided upon. In this case the girl had the tattoo long before the decision was made to seek out and stop gang symbols. If she was grandfathered in it would mean that her tattoo would be ignored because she had it on her hand before the new rules applied.

Another possible alternative solution would be to have the student cover her tattoo when she was in school. Many times businesses will ask their teen employees to cover any facial piercing that they may have. One can be see wearing an band aid on their ear or over one eyebrow to cover the spot where they actually have an earring. In this case the student could be asked to wear a band aid over her tattoo each day as she entered the school campus and attended each of her classes.

A final solution is to have the student place a stick on tattoo above the permanent one each day that would not be offensive. This would prevent the student from going through the pain and expense of a permanent solution.

A solution that was not being considered at the district but should have been is to ignore the tattoo. The school district could become more aware of the need for clearly defined definitions and draw up an list of those definitions. The district could incorporate the need to have another infraction accompany the tattoo violation to warrant disciplinary action. For example the student could be told if she gets into gang trouble or gang related trouble she will then be removed until the tattoo is removed.

The easiest and most efficient solution in this case barring the grandfathering in of the student tattoo would be the covering of it on a daily basis.

Students around the nation...

...

Whether a band aid is used or some other stick on patch they are required to not display their tattoos or piercing during their shift.
The best and most efficient solution in this case would be to ask the student to cover the tattoo each day at school. While this still sounds like a violation of her freedom of speech it is really only a small solution to a growing problem for the district. It is not a permanent removal of the tattoo. This means that she is still being allowed to conduct her self in the manner she wishes. She is still being allowed to express herself by having the tattoo and not having ot have it taken off of her body. She does however, comply with the school rules about not displaying gang signs because he tattoo would be covered each day.

Because the school is the insistent party about the tattoo it should be incumbent upon the school to provide daily patches or coverings that the girl can go into the office and retrieve upon her arrival each day.

The student should comply with this solution because the gang problems are growing in her district and they decision to cover her tattoo is something that will help her avoid trouble as well when other gang members hear about her tattoo.

Works Cited

BETHEL SCHOOL DISTRICT NO. 403 ET AL. v. FRASER, a MINOR, ET AL.

SUPREME COURT of the UNITED STATES

478 U.S. 675

July 7, 1986, Decided

http://www.law.umkc.edu/faculty/projects/ftrials/firstamendment/bethel.html

Tinker et al. v. Des Moines

Independent Community School District et al. http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html

SUPREME COURT of the UNITED STATES

393 U.S. 503

Argued November 12, 1968

Decided February 24, 1969

Sources Used in Documents:

Works Cited

BETHEL SCHOOL DISTRICT NO. 403 ET AL. v. FRASER, a MINOR, ET AL.

SUPREME COURT of the UNITED STATES

478 U.S. 675

July 7, 1986, Decided
http://www.law.umkc.edu/faculty/projects/ftrials/firstamendment/bethel.html
Independent Community School District et al. http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html


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