I believe B as they have a right to testy if they want to but the lawyer just shut him down in fear of losing the case so it could be either unethical or illegal
Answer:
NO
Explanation:
Al-Dabagh, a dermatologist, was said to have completed all the academic requirements at Case Western Reserve University (CWRU) for him to become a medical doctor. They school did not give him the required certificate with series of cases brought against him for being unprofessional in his conducts.
Many times, he was found late, and that delayed the classes on several occasions. There are also times he was said to have put up inappropriate acts with some girls in his class and in another incidence, it was said that he rode on a cab and refused to pay afterwards. Though he denied all these, but that did not convince the university to shift ground.
There was a trial court judgment that he should be given the certificate he merited. CWRU decided to appeal the case further and the supreme court reversed the judgement made by the trial court, reaffirming the stance of the university.
The SCOTUS did not rule that T.L.O’s 4th amendment (searches and seizures) rights had been violated. They ruled that the school administrations search of the bag was reasonable under the circumstances (i.e T.L.O. Being a minor and on school property, meaning that while at school, administration is responsible for the well-being and safety of all students, thus allowing them to search T.L.O’s bag for marijuana). A good way to think of it is that while you’re at school, the administration acts as your parents. Your parents don’t need a warrant to search through your room and neither does the administration if you are on school property. The 4th amendment applies to this case because it protects against unlawful searches and seizures (i.e. searches and seizures that are without a warrant). The constitutional question was whether or not T.L.O. Could be charged with a crime/punished or not because the school administration did not have a warrant. However, because the school administration was acting as a loco parentis (latin term for “in place of the parent”) they did not need a warrant to search her bag. Hope this helped!
