Arbitration Assignment Example | Topics and Well Written Essays - 750 words

arbitrement - Assignment ExampleOConnell are of equal argument, this implies that the instructor failed his stance on the burden of proof. In short, the tie moves to the defendant as he does not capture to provide proof of anything. Therefore, the defense in such a case can freely poke flaws in the plaintiffs case. If the teacher- learner were to successfully prove of the wrongs done against him in the punishment, then the case must be accepted as admittedly 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. OConnell testified that the student pushed him. Averaging from the size of most seventh-grade students, a get along adult is no match for such. Therefore, this should not stick out been a justification to lift the student from the lynchpin in a harassing manner. Again, as an African-American, the students orientation is worth concern to the incident. Mr. Oconnel 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 organisations take on Mr. OConnell 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 raise 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. OConnell was unjust. In an arbitrators point of view, the students past ought also to be the question, the background, and emotional stress should be evaluated. Given that the conversation between the student and Mr. OConnell before Mr. Smiths arrival was not document, this leaves flaws questioning the eligibility of the generalization to the terminus obscenities. Could it have been possible that the teacher triggered the harsh conversation or was it the student? African American s tudents have a