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January 9, 2012

Good Georgia Education Lawyer Discusses Georgia School District's Unfair Discipline Of A Student



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A family in Gwinnett County are very upset when their 13-year-old child was suspended after voluntarily turning in a pocket knife he had found in his school bag. After complaining, school officials agreed to decrease the number of days he was suspended and rethink the suspension policy.

The young child found the pen knife in the backyard that his aunt had bought second hand at a yard sale and given him as a Christmas gift. As soon as he found the knife, he immediately turned it into his teacher.

Even though it was obviously not the young man's fault, common sense did not follow and the school foolishly gave the boy a four day in school suspension for violating the school policy on weapons.

Since then, though, school officials have now reduced the boy's suspension to two days and claim they will "rethink" the policy. Says the boy's father: "He is a very good child. We've never had a discipline problem with him; he is in Boy Scouts, he is very good natured." Additionally, he told his son, "Jack, you did the right thing. What else could you have done?"

Severe and automatic punishments evolved from the 'zero-tolerance' movement which started in the eighties in keeping with the federal anti-weapons and drug policies. But as the AJC reports: over the years, Georgia students have been suspended under zero tolerance "for kissing a girl on the forehead, wearing a studded belt, bringing a French teacher a gift-wrapped bottle of wine and carrying a Tweety Bird wallet with a chain on it."

In 2009, a similar incident happened when a middle school student accidentally brought a fishing knife to school and ended up being expelled, arrested, convicted of a felony and sent to an alternative program even though he voluntarily gave up the knife to the principal.

This is an example of the type of absurd, common-sense lacking decisions that sometimes occur among school districts as experienced by some of Good Georgia Lawyer's clients. Fortunately, in response to the 2009 incident, state Senator Emanuel Jones, a Democrat from Decatur, sponsored legislation that required a hearing before taking a student into custody and prohibits charging a student as a designated felon unless the weapon is used in an assault or it is a gun. This bill was signed into law in spring of 2010 by the Governor.

If your son or daughter becomes a victim of this type of common senseless injustice, it can be very helpful to contact an attorney right away to protect your child's legal rights. Georgia law provides that if there is the potential of a suspension longer than ten days, then O.C.G.A. § 20-2-753 requires a disciplinary hearing where the requirements of O.C.G.A. §20-2-754 are met including providing written notice, entitling the student to be represented by legal counsel and to present evidence.

In this instance, if the period of discipline is shorter than ten days, an attorney is still helpful to protect your child's rights in these types of extreme instances. If other issues are involved--such as violations of Georgia bullying law or federal disability laws--there can be even greater need to obtain legal counsel.


Continue reading "Good Georgia Education Lawyer Discusses Georgia School District's Unfair Discipline Of A Student " »

January 5, 2012

Good Georgia Lawyer Wins Appeal Against Fulton County School District To Deny Georgia Teacher Educator Unemployment Benefits



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Williams Oinonen LLC is happy to report recent success in representing a Georgia educator with decades of experience who had her contract non-renewed with the Fulton County School District. To add insult to injury, the school district denied her employment benefits putting this divorced mother at risk of losing her home and not being able to provide for her young children right before the Christmas holiday.

Williams Oinonen LLC generally bills clients in all employment matters but in this case, we accepted this matter on a pro bono basis as this successful educator had been a loyal client of ours in the past and was in an emergency situation in need of urgent help. It was the least we could do to help a dedicated and committed educator who had served the Georgia public schools for so many years.

We are happy to say that we were able to win our client's appeal and she was awarded back pay and her unemployment benefits just in time for Christmas. We were humbled to receive from her the following email which she gave permission to share:

"Williams Oinonen LLC is a law firm whose attorneys command that justice be served. My case involved complex tactics on the defendant's part to undermine my professional integrity and years of service as an educator, including denying my rights to unemployment benefits in a tough job market.

Outraged, Ms. Oinonen presented facts with precision and clarity that could not be ignored. She insisted during the hearing on proper protocol, rules of evidence and that the defense be free of unlawful, false statements reminding our opponents through impeachment. Ultimately, a favorable decision was reached within 48 hours.

Having reluctantly filed for other public assistance (further burdening tax-payer dollars), I can now put pieces of my life back together after year of fighting corporate, systemic bullying virtually alone as a divorced mother of four. I now qualify for job re-training programs and can build my skill set to move back to a productive career.

Thank you again, Ms. Oinonen. You are a life saver! Everyone (my loved ones) is ecstatic with your work!"

Williams Oinonen LLC is committed to helping teachers, educators, parents, and students insure that their rights are protected under the law. If you are a Georgia teacher, Georgia parent, or Georgia student that is in need of legal assistance, don't wait till the situation gets worse.

Often times, we are able to do things before the injustice occurs to mitigate damages or prevent the worst from happening. If you suspect that your rights are being slowly violated, don't wait till negative action is taken such as through a non-renewal letter. Contact our office first to schedule an appointment in order to set in place the necessary protections to protect your legal interests.

January 4, 2012

What Do Our Clients Say About Us? Georgia Teacher Shares Her Great Experience With Good Georgia Lawyer:



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Here is one letter that Williams Oinonen LLC recently received from a satisfied client who walked out of our office with a very fat check after hiring us to handle her case. This client was a school teacher who lost everything and was severely injured due to someone's negligence. While we can't tell you the Defendant's name or the amount of money they had to pay her to compensate her for these injuries due to a confidentiality agreement, we can share with you what she states in her own words about us:

"Hi, my name is Nicole and I retained services from Williams Oinonen LLC. This was my first time hiring a lawyer so naturally I was very skeptical. But, my experience with Williams Oinonen LLC has been a fantastic experience. When I first sought out a lawyer, I emailed countless of law firms and most law firms didn't even respond to my email. One law firm responded and told me I didn't have a strong case. Williams Oinonen LLC is the ONLY law firm that even considered taking my unique case.

Ms. Oinonen took my case because she truly cares about her clients. After speaking to her for the first time, I trusted her because she was very knowledgeable about my situation and she was very compassionate, therefore I hired her (plus no one else offered to take my case!)

She explained everything and answered all of my questions before I paid for her services. Their law firm was very honest and upfront about the cost (which was very reasonable) and there were no hidden costs or surprises in the end. Never once did I feel that anyone was trying to "get over" on me. I could tell that she was genuinely concerned about my case since she treated my case as if the situation happened to her.

Williams Oinonen LLC was very passionate about my case and never made me feel that my case was insignificant. The law firm worked very hard on my case and constantly kept me updated. In fact, they worked so hard that my case was resolved in 6 months! I could not have been happier with the outcome of my case especially when no other firm thought I even had a case! If I ever need a personal injury lawyer (again), I will retain Williams Oinonen LLC services again.

Thank you for EVERYTHING !!! My family and I can now move on with our lives!"

October 30, 2011

Recent Fellowship Appointment Makes Williams Oinonen LLC Only Law Firm To Have Both Partners Named As Emory University School of Law Fellows



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Williams Oinonen LLC partner Julie Oinonen was recently appointed as a Fellow at the Emory University School of Law Center for Advocacy and Dispute Resolution.

Previously, Ms. Oinonen has been a Dean's Teaching Fellow and Post Doctoral Fellow for Emory University School of Law. She is also admitted into the prestigious Order of Emory Advocates, in addition to being awarded the Kathleen Kessler-Eidson Trial Advocacy Award and International Academy of Trial Lawyers Award by Emory University School of Law. Ms. Oinonen has a Masters of Education and Masters of Business Administration graduating Magna Cum Laude. She completed her undergraduate education at Covenant College, a Christian college located on Lookout Mountain, Georgia.

Ms. Oinonen now joins her partner, Mr. Mario Bernard Williams, who is also a Fellow at the Center. Prior to Mr. William's career as an attorney at Williams Oinonen LLC, he worked in the field of International Human Rights throughout South America. Mr. Williams graduated with honors from Morehouse with a degree in Political Science and has extensive experience with opponent research, policy analysis and political consulting. Additionally, Mr. Williams and Ms. Oinonen have had much success working on opponent research campaigns for elected officials throughout Georgia.

Ms. Oinonen's recent appointment as Fellow at the Center for Advocacy and Dispute Resolution makes Williams Oinonen LLC the only law firm in the United States to have both Partners named as Fellows of Emory University Law School.

Currently, Williams Oinonen LLC is accepting new clients. We welcome you to contact us to schedule an appointment today.

October 10, 2011

Legal Rights For Teachers Under Georgia Law



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Today a Barrow County judge ruled against a former teacher who alleged that she lost her job due to a posting on Facebook.

Ashley Payne resigned from her job as a teacher at Apalachee High School in the Fall of 2009 after an individual who stated they were a parent sent a complaint about postings Ms. Payne had made on Facebook showing her drinking alcohol and stating that she was headed to a game of "Crazy Bitch Bingo" at an Atlanta restaurant. Ms. Payne claims she was under pressure to resign however the school district disputes this claiming she volunteered.

Ms. Payne is now graduate student at UGA and filed suit asking the court for a determination stating she was entitled to a due process hearing. It is unfortunate that Ms. Payne did not ask for a due process hearing, speak to her union advisor, or consult an attorney prior to resigning.

Under Georgia law, it would be very difficult to show that a voluntary resignation is truly one made under duress and a violation of one's due process rights. Thus, it is very important for a teacher to seek legal advice prior to making such an important decision concerning their employment.

Here at Good Georgia Lawyer, we have represented many teachers dealing with employment issues and we have written about the rights of school teachers in Georgia previously.

In a nutshell, O.C.G.A. §§ 20-2-940, et seq., regulates the hiring and firing of teachers in Georgia. Firing or suspension can only be had based on eight grounds as listed and the district is required to hold a hearing before this happens.

Notice is required to be given to the teacher notifying them of the hearing and charges placed against them at least ten days prior. To learn more information, please read our article here which explains the process in more detail.

To understand your legal rights, we recommend you read our article here.

To schedule an appointment to meet with an attorney to discuss your personal employment situation, contact Williams Oinonen LLC at 404-654-0288.

August 5, 2011

Good Georgia Lawyer Urges State School Superintendent Dr. John Barge To Submit A Proposed Rule Protecting Student Athletes From Heat Related Deaths



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Dear Dr. John Barge:

Our law firm urges you to submit a DOE proposed rule pursuant to O.C.G.A. §50-13-4(b) that protects our young Georgia student athletes from further injury and death due to heat related illnesses as a result of sports practice in high temperatures during the most dangerous months of the summer. As you know, just last week, two Georgia high school students have died from heat exposure during football practice - two deaths that should have been completely treatable and avoidable. These deaths are two too many.

Consequently, we ask that you take action by issuing State DOE recommendations to local county school districts, in addition to submitting a proposed rule concerning school sports safety before another student's life is put at risk.

Georgia high schools were allowed to begin "mandatory" outdoor football practice on Monday, August 1, during the midst of an oppressive heat wave. As a result, on Tuesday, two Georgia teenagers died after practicing in that heat. On Tuesday morning, Fitzgerald High School defensive lineman DJ Searcy, 16, died after practice with his team's football camp in Lake City, Florida. Later in the evening, Locust Grove High School offensive lineman Forest Jones, 16, died after passing out and spending a week in a coma after a voluntary workout with his team.

The problem, as Dr. Ralph Swearngin, Executive Director of the Georgia High School Association (GHSA) has publically admitted, is that the decisions regarding these issues are left solely to the judgment of coaches and respective school administrators. Unfortunately however, a significant lack of judgment has been displayed. It is also clear that GHSA as a voluntary association is not the suitable authority to hold schools accountable as they have limited enforcement mechanisms. Thus we urge you to step in to address this issue as you possess the leadership to demand accountability.

I am enclosing in the body of my letter a portion of a very, good article which offers concrete recommendations for resolving this problem written by Buddy Morrison, an attorney at Butler, Wooten & Fryhofer. Mr. Morrison writes:

"These two deaths come on the heels of a report by the CDC that nearly one-fourth of all emergency room visits for heat illness are attributable to football, and that August is the most common month for heat illness to occur. Over the past fifty years, hundreds of football players have died from heat-related illnesses - with most of those deaths coming in the first couple of days of practice.

Unfortunately, Georgia schools are not doing nearly enough to protect students. The Georgia High School Association (GHSA) and its member schools have failed to properly regulate practice in the heat in order to prevent the onset of heat-related illness. Even after these two recent deaths, Georgia high school coaches are still subjecting children to overexertion in dangerous heat conditions. Even worse, schools are not taking adequate steps to diagnose heat illness. Finally, even when heat illness is diagnosed, schools are not taking simple steps that would make death from heat illness entirely preventable. In sum, August football practices at Georgia high schools are unreasonably dangerous.

In response to Tuesday's deaths, the GHSA shifted responsibility by noting that it requires individual schools to submit their own written policies for practicing football in the heat. The GHSA has also been conducting a study with Michael Ferrara, Ph.D. at the University of Georgia, to study the relationship between heat levels and heat illness, but that study has not yet been completed. The GHSA stated that it may implement a uniform heat policy in the future.

The GHSA began requiring heat policies from its member schools five years ago, when a Rockdale County football player suffered a heat-related death. The policies must specify the time of day practices may be held and the amount of time allotted to rest at various heat/humidity levels, as well as set a maximum heat/humidity level where outdoor practices must be terminated. Essentially, the school must implement a sliding scale related to the heat index - when the heat index is X, practice must start before Y. When the heat index reaches Z, practice must be canceled altogether or moved indoors.
The "sliding scales" drawn up by the individual schools vary widely from district to district. Dr. Frerrara noted that "we have seen some policies that have been conservative while others have allowed practice to continue in extreme conditions." More importantly, the policies do not apply to "voluntary workouts" during the summer - only to "mandatory" workouts. So long as the players are not required to be at the workout, the coach can hold the workout in any manner he chooses regardless of the heat index. According to the GHSA, both of the players who died this week were participating in "voluntary workouts" not subject to the GHSA or school regulations.

Even for the "mandatory" practices, including the critical first week of practice beginning August 1, GSHA schools are not required to submit written guidelines for the total amount of time spent practicing, the type of equipment worn, or procedures for diagnosing and treating heat illness. Instead, the GHSA practice rules simply provide that "mandatory" practice may begin on August 1, and that in the first five days of practice, at least two days must have "players dressed in shorts, helmets, shoulder pads, mouthpieces and shoes only." For the other three days, players may wear full pads. Further, schools can have "voluntary workouts" at any time, where the players may only wear helmets and mouthpieces.

The GHSA and its member schools need not apply such a haphazard set of rules - uniform, comprehensive guidelines for practicing football in the summer are not hard to find. In 2009, the National Athletic Trainers' Association (NATA) issued comprehensive guidelines for beginning football practice that are stricter than even the GHSA practice-time rules. The NATA recommends that the first two days of practice be helmets-only and that the next three days be limited to helmets and shoulder pads. The NATA further recommends that an athletic trainer be present at every practice, only one practice per day during the first five days of practice, a maximum of three hours of practice during the first five days, and no consecutive "two-a-days" (two practices in one day) during the second week of football practice.

It is clear that, even in the wake of these two deaths, some Georgia coaches are not taking the risk of heat illness and death seriously. This week, Temple High School and West Hall High School kicked off their football camps with three-a-day workouts, and continued doing so even after Tuesday's tragic news. Schools throughout the state are still conducting two practices a day. Although many schools, including Atlanta public schools, have canceled outdoor afternoon practices during the heat wave, other schools around the state have not altered their practice plans in response to the oppressive heat.

Other coaches mistakenly place the responsibility for proper heat acclimatization on the players themselves. The coach of Mt. Zion High School attributed heat issues to players "laying on their couch all summer." The coach of Carrolton High School suggested that players participating in the "voluntary workouts" handled the heat better than other players. (The NATA guidelines call for proper heat acclimatization for all players - even those who do not participate in the "voluntary workouts" throughout the summer.) Marion County High School actually depended on the voluntary workouts to get players acclimated to the heat. Coach Mike Swaney observed: "If you let the kids stay home in the air conditioning and let them play video games and watch TV -- if they don't do anything all summer -- they will be in a situation where they'd be in a state of shock to come out in this kind of heat."

Not only are Georgia high schools failing to take adequate measures to prevent heat illness, they are also failing to adequately diagnose and treat symptoms. Although most coaches now allow players to take a break and rehydrate whenever necessary, "sometimes coaches confuse heat stroke with goofing off, so they push the players harder," said William Roberts, M.D., former president of the American College of Sports Medicine.

The most effective way to determine if a particular athlete is suffering from heat illness is with a rectal thermometer. A body temperature of over 104 degrees Fahrenheit is considered to be heat stroke. High schools are not using the best objective method to diagnose heat stroke. Depending on the athlete to volunteer that he is experiencing symptoms is not enough - first, athletes often fail to report symptoms to exhibit their "toughness," and second, an elevated core temperature decreases the athlete's cognitive ability and judgment.

Even when a player does show symptoms of heat illness, teams often fail to take adequate steps to protect their players from further damage. Water, rest, and shade are not enough. Death from heat stroke is 100% preventable, but it requires immediate and correct medical attention. "You have to diagnose [heat stroke] quickly and treat it quickly or a cascade of bad events starts to happen," Dr. Roberts said. Players who show signs of heat illness should be placed in a tub of ice water, which can reduce body temperature from above 108ºF to below 102ºF in 20 to 40 minutes. Rehydration alone cannot stop heat stroke quickly enough. According to Douglas Casa, Ph.D., director of athletic training education at the University of Connecticut, if teams kept a "kiddie pool" of ice water available at practices, they could prevent heat-related deaths. Even in August's sweltering heat, most football teams fail to take this simple precaution.

While heat illness is more prevalent in high school football than other sports, no student-athlete is immune from its effects. Baseball, soccer, and cheerleading all have their share of heat-related illnesses, as confirmed by the CDC report. Also during this time of year, the marching band practices alongside the football team in the blazing heat. Notably, these sports and activities lack even the superficial safeguards that have been implemented for football.

This week has reminded us that mixing fall football with August heat is a deadly combination. Unfortunately for Georgia's student-athletes, schools are making football unreasonably dangerous by requiring too much practice in the heat and failing to properly care for players who suffer from heat illness brought on by that over-exertion. Two sixteen-year-old boys died on Tuesday from a condition that was both 100% avoidable and 100% treatable."

Dr. Barge, we appreciate your public service to the citizens of Georgia. We ask that you address this very pressing issue before any other young person loses their life. These deaths resulted from negligent acts that occurred due to a lack of training, awareness, and judgment. If the Georgia DOE would issue guidance in addition to a proposed rule concerning athletic safety, this could insure that no other Georgia student is put at risk in the future.

Very truly yours,

JULIE J. OINONEN


Cc: Governor Nathan Deal



July 21, 2011

Legal Rights For Georgia Teachers Relating To Demotion, Termination, Non-Renewal of Contract or Reprimand



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This is the second part of our article concerning the rights of Georgia public school teachers relating to termination, non-renewal of contracts, demotions, reprimands and the like.

You As A Contracted Public School Employee, Teacher Or Principal Are Entitled To Proper Service:

All notices relating to suspension from duty must be served to the employee either personally, or by statutory overnight delivery, or by certified mail. Service is considered "perfected" when it is deposited in the United States mail, sent with sufficient postage stamps, and delivered to the last known address of the employee.

You Have A Right To An Attorney Present:

Any teacher, principal, or other public school district contract employee against whom such charges are brought shall be entitled to be represented by counsel and, if upon request, can also subpoena witnesses and production of documents.

The Requirements Of The Hearing:

(1) The hearing is conducted in front of the local school board, or they can designate a tribunal made up of between three to five impartial people who have expertise in academics. This tribunal will then submit findings and recommendations to the local school board who will make the final decision.

(2) The hearing will be transcribed and the board is responsible to pay for that expense. The transcript does not need to be typed unless the decision is appealed to the State Board of Education which in that event whomever is making the appeal must pay.

(3) An oath must be taken by all witnesses during the hearing to tell the truth.

(4) All questions relating to legal matters such as admissibility of evidence is decided by the chairperson or presiding officer and can be appealed. In all hearings, the burden of proof shall be on the school system, and it shall have the right to present the opening and closing.

Decision And Appeals:

The local board must make a decision at the hearing or within five days of the hearing. If a tribunal hears the matter they must offer their recommendations within five days and then the school board has ten days to make their final decision. Appeals can be taken to the state board of education.

If you are a teacher or principal who finds yourself in this situation, don't go it alone. Remember, you are entitled to have an attorney represent you at the hearing.

Continue reading "Legal Rights For Georgia Teachers Relating To Demotion, Termination, Non-Renewal of Contract or Reprimand" »

July 20, 2011

Employment Law For Georgia Public School Teachers: Understanding Your Legal Rights



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The Official Code of Georgia §§ 20-2-940, et seq., governs the demotion,
dismissal, and suspension of professional, certificated school district employees in Georgia. This law also governs the termination and suspension of school district employees who have a contract for a definite term. The law applies equally to all employees who have contracts with the school district, but does not apply to at-will employees without contracts.

Termination or suspension can only be based only on the eight grounds listed in
O.C.G.A. § 20-2-940(a), and the school district is required to hold a hearing before this happens. (Suspension is without pay and may last up to 60 days under O.C.G.A. § 20-2-943(a)(1)(b), and the suspended employee cannot be working at this time.) These eight specific grounds for suspension or termination are as follows:

(1) Incompetency--for example, deficient record keeping or a high failure rate of students.

(2) Insubordination--for example, failure to obey instructions.

(3) Willful neglect of duties--for example, failure to complete lesson plans and grades.

(4) Immorality--for example, sexual encounters at school.

(5) Inciting, encouraging, or counseling students to violate any valid state law, municipal ordinance, or policy or rule of the local board of education--for example, encouraging students to protest a board of education policy.

(6) To reduce staff due to loss of students or cancellation of programs--for example, due to budgetary considerations.

(7) Failure to secure and maintain necessary educational training--for example, a teacher who does not possess the necessary teacher certifications and failed to obtain it during a provisional probationary period.

(8) Any other good and sufficient cause--for example, making false statements about the school administration or assaulting a student.

Notice must be given to the employee of the hearing and charges at least ten days
prior to the date of hearing on the proposed termination.
At a minimum, the notice must include:

(1) The cause or reasons for suspension, discharge or demotion in detail enough that permits the employee to refute it if it is made in error.

(2) The names of witnesses and a concise summary of evidence that will be utilized to prove the case against the employees. The names of all new witnesses must be given as soon as practical.

(3) The place and time of the hearing.

(4) That the charged employee/teacher shall be given subpoenas (if requested) requiring the production of documents or compulsory attendance of witnesses as provided by law.

The burden of proof is on the school district and the employee has the right to appeal to the State Board of Education and later to the court system if necessary. In our next article, we will discuss service, the hearing itself, and the right to bring counsel.

Most importantly, if you are a teacher or a public school employee facing such a hearing, don't go it alone. Consider contacting our law firm for more information and legal assistance to aid you through the process.