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Disciplinary Rules
The Disciplinary Rules and Procedures guide how FPSC conducts investigations and hearings regarding actions by CFP professionals that may represent a breach of the CFP Code of Ethics.
Question: How are people who answer law q's not violating legal disciplinary rules? I don't understand the law section of Yahoo answers. It seems to me that any person who answer questions here violates the law and/or professional disciplinary rules (especially law students). If they are not a lawyer and never want to be, how is it not illegal to provide legal advice (to hold themselves out to be competent to answer the questions). If they are law students, or prospective law students, how does this not make their acceptance to the bar questionable (giving legal advice without a license)? If they are lawyers, how do they know they are allowed to practice in the correct jurisdiction of Yahoo Answers? If they aren't, isn't this a violation?
I guess my question is: how does the law section Yahoo answers work if anyone who is qualified to answer questions are barred from doing so?
I'm not actually looking for legal answers to questions (I guess, except this one?). And I understand that the person asking SHOULD know it isn't legal advice. But, as far as state bar and disciplinary committees are concerned, isn't legal advice legal advice? Aren't the lawyers who post here risking possible reliance suits by posters? I know Yahoo wouldn't be found responsible, but the terms and conditions don't disclaim responsibility for posters (I checked).
If, in real life, you gave free, crappy legal advice and someone relied on your statement of the law to their detriment, you could be taken to court and face possible disciplinary charges due to your crappy research and advice. What is different about here? Is it only that the reader has no reasonable expectation of it being good advice? Or is it the lack of privity?
I think people are missing my question -- I'm not nearly as concerned with the people who are following advice as i am with the people who are giving the advice -- i have no intention of taking legal advice from the site, but I don't see how i'm allowed to give any
Answer: Anyone coming to Yahoo Answers should not be so foolish as to believe that it is a professional who will be answering their questions. Yahoo doesn't employ rabbis, priests and pastors answering in the religious section, nor does it have doctors employed in health, etc. etc.. This should be self-evident.
This is a place where you can ask questions and everyday people will answer to the best of their ability. BUT and this is a big but...these answers should be taken with a grain of salt. They are not given by professionals and that should be obvious. Although "some" may appear to be professionals giving an answer, you have no way of knowing whether or not it applies to your particular circumstances or even in your jurisdiction. And you have no way of knowing if the the alleged professionals are licensed (or where), suspended, are students, etc.
So you should consider anything here to be of "entertainment value" and only of VERY rough general guidance, just enough to give you some idea of what to ask a professional. IF you need accurate, legal advice, then you have to pay for it and go to a professional yourself. A free lunch is only worth what you paid for it!
Question: What is the style of discipline in which the teacher or parent establishes rules, monitors the child’s behavio What is the style of discipline in which the teacher or parent establishes rules, monitors the child’s behavior,
then enforces rules by administering appropriate punishment?
A. Democratic
B. Autocratic
C. Authoritarian
D. Dictatorial
When setting guidelines or rules for children and then enforcing them, the best advice is to
A. have several discipline measures in mind for consequences of misbehavior.
B. have children help determine the rules whenever possible.
C. post the rules in the room for everyone to see.
D. give children three chances or “strikes” before taking disciplinary action.
Answer: Personally I'd say C.
However in the context of your question involving teachers they ask, and ask, and ask...so D makes sense as far as the teachers.
Question: I have heard of a disciplinary procedure being put against me at work from another member of staff? I have heard of a disciplinary procedure being put against me at work from another member of staff who isn't involved with the management at my workplace.
Since I am on a weeks holiday I have not recieved any information from my actual workplace.
Are they breaking any rules/laws by obviously discussing it with other members of staff?
Answer: Short answer is no. Why would you even think that 'they' talked about it? This other member of staff may have spread the word.
Question: security camera rules and regulations in a convention center? does any body know where i could find rules and regulations for a convention center security cameras, are they allowed to monitor them and use the footage to reprimand employees for actions,are they allowed to record you at any time without having to post signage that the place is under 24 hour surveillance,can they use cameras or recorded footage that is funded by homeland security to imply disciplinary actions on an employee? any rules and regulations and or similar cases would be grate full. thank you in advance for your time
Answer: There are no laws regarding the use of video for purposes of monitoring the public or employees. It can be used to discipline employees and it can be used in a court of law to prosecute someone.
What you can not do is record audio without some type of notification. There are very strict laws regarding audio and the people being recorded not knowing about it.
Peter
Question: Moral Rules of Professional Conduct consists of...? a. nine canons that set forth general dictates, disciplinary rules, and ethical considerations
b. nine canons that set forth general dictates and fifty rules
c. ten commandments that set forth general dictates and ethical considerations
d. fifty rules
Answer: don't you have to take an ethics class?
d
Question: Rights to be accompanied at an Employment Tribunal or Disciplinary? My understanding is - every person has the right to have another person present when facing disciplinary hearing or tribunal - "Mckenzie" court ruling. But I have read -"only a union rep or employee may attend" - there are limitations on the affect of said persons because the person charged has there hearing tainted thro lack of legal knowledge and the power of those assisting to speak on behalf of the charged person. I would like to know exactly - the rights of the person charged and of any cases (UK law) examples of hearings / tribunals where an employee charged is "on their own" with no help and thus has been served an injustice because they did not know their rights.
Answer: You are talking about two differnet things.
There is a statutory right to be accompanied to a disciplinary meeting by a fellow worker or trade union offical. There is no provision for anyone else to attend. The person accompanying has no right to speak on behalf of the employee, or to ask questions, but they are a sort of witness. Obviusly its up to the employee to bring someone with some knowledge at least of procedure.
Anyone, on either ise at an ET has the right to be reporesented and the rep can speak, ask questions, etc. I think the ET Service is very good in that it does make sure that people attending know they have a right to representation, so one could hardly complain if one turned up alone.
Question: What are the rules surrounding mistakes made in work whilst pregnant that you have not made before? I have made the mistake of serving a potential under 18 in an over 18 environment. The person was a mystery shopper of sorts and over 18 but under 21. I made this mistake after a very long and stressful week and on the day in question had other matters on my mind. My doctor says hormonal changes and tiredness can cause you to misjudge situations like this. I now have to attend a disciplinary. What are my rights and how do i deal with this situation?
Answer: Not meaning offense, but unless you are willing to get a medical certificate and discontinue work at the moment, you don't have much to stand on. As being pregnant I was told that it is not an illness nor can you receive sick leave or other benefits just if you aren't feeling up to scratch. I was part time supermarket and other half in liquor store and it's a pretty small barrier to stand on.
How judgment is a personal thing and just because they didn't look over 21 does not mean you thought they didn't on the day you served them .Stick to your guns, you served them and they were over 18, so really, there isn't much trouble you can get into.
Question: Is it wrong or illegal to spank a child as a disciplinary action? I got the belt when I was little quite frequently actually. And I know that it has been said "spare the rod, spoil the child". And would there be less teenage crime if parents took a more active role and actually took an interest in there children and disciplined them when they broke the rules?
Answer: To me it depends on the situation. I do spank but only for really wrong things not minor things. I personally don't think time out or talking always works. For some children it does, but for others it does not. I do think more than 3 swats is to much, and should always be done by hand.
Yes I think some crime rate would go down. I remember as a child my parents told me if I ever got into trouble at school or with the police " they had better keep you because it will be worse when you get home" I got into trouble ONCE in school because my parents didn't lie. It was worse when i got home. So I learned quickly that my actions have consequences. Today's children don't know or most don't know that bad actions have bad consequences.
Question: Can disciplinary action be brought against someone for not conforming to a new company rule? Legally? My company recently changed a policy on facial hair. I have been with this company for four years and it was never a problem before. Now there are threats of disciplinary action and possible termination for those that do not comply, is this legal? Nothing in the actual work environment has changed just the policy. Is there some kind of exemption clause for employees that have been employed by a company that then changes it's policies or am I out of luck?
Answer: if you don't like it - find another job.
Question: When Paul says Christians are no longer under the law, is he talking about God's moral laws? Romans 6:14: For sin shall not be your master, because you are not under law, but under grace.
Is Paul talking about God's moral laws, such as the Ten Commandments, about the disciplinary rules of Judaism (e.g., fastidious Sabbath observance, dietary restrictions, circumcision), or both?
Answer: There are several laws observed in the Old Testament. The moral law (10 commandments), the health laws, the civil laws (the ones like "if your neighbors cow falls into a pit...") and the ceremonial laws (about the sacrifices for the sins).
The only law that was abolished was the ceremonial law. This happened when Jesus Christ died on the cross. Because He was the final sacrificial lamb. After His death, there was no longer any need for anyone to offer sacrifices. They could just ask God directly to forgive them of their sins. The curtain in the tabernacle covering the most Holy place was torn in half from top to bottom. God was trying to tell the people that He doesn't need them to offer anymore sacrifices because the final and all important one had already been made and it was sufficient for everyone.
Paul is definitely NOT talking about the moral law (ten commandments). The 10 commandments are a transcript of God's character. They will endure forever.
He could also be telling the early Christians what Peter and the other apostles said when they were brought before the Sanhedrin. "We must obey God rather than man." There were laws that the disciples didn't follow in order to show complete obedience to God. But they saw it more important that they obey God.
Question: For those MARCHING BAND geeks out there...? 1. What are some successful group fundraisers you have had?
2. What are some mottos your band has used in past years as your "theme" of the year?
3. What are some disciplinary rules your band has set to make sure that they stay on track?
Answer: we do fruit sales.
haha. so many bands do that. but let me tell ya it is sooooo helpful. we also see cheese and sausage! lol. its from some company. i dont know what it is because i dont sell the cheese and sausage stuff. but still helpful.
we dont really have any mottos. our band director just kinda gives us "the look" and we know that we better do our best. lol
but in the stands everybody yells
J-E-F-F [echo] j-e-f-f
F-E-R [echo] f-e-r-
S-O-N [echo] s-o-n
[everybody.] C-O-U-N-T-Y
JEFFERSON COUNTY
YEE HAW!!!
hahahahaha. seems lame, but its fun when your actually doing it.
uhm. when the band doesnt get quiet when were supposed to or we missbehave in any way.
we do sets.
freshman-15 push ups
sophmores-20 push ups
juniors-25 push ups
seniors-30 push ups
so its really bad when he says BAND HIT THE DECK!!!! GIVE ME 5 SETS!
ugh. but i love band anyway. :]]
Question: How does an inmate of Neosho Co. Jail in KS file a complaint of abuse against the operators of the facility? This particular inmate, due to his legal expertise, has been a thorn in the side of the prosecuting atty, judge, and others. He has consistently been denied medical care for a serious vascular condition and his mail is being withheld (legal documents bringing suit against both the judge and prosecuting atty that require some editing on his part). The mail is not contraband in any way, and withholding it impedes his legal case. Since he is representing himself, it is imperative he receive his mail in a relatively timely manner. His mail is not being withheld as a result of any disciplinary action for breaking jail rules, nor is he a combative, argumentive, or difficult inmate. Who can he report this harassment to in order to stop this sort of discriminatory behavior?
Answer: One would safely assume that since you are aware of the situation, that this person is having some success in communicating with the outside world? With that in mind, I would do my best to get in touch with the sympathetci media outlets (think national/regional as opposed to local) the ACLU, Amnesty International, The John Howard Association (this would be my first pick personally), the justice project at Northwestern University (IL), also with any other university/law school or organization that does pro bono type work, and many times have contacts at media outlets that may be able to exert some pressure on "the powers at be" through those channels. Not to be a pain in the rear, but IMHO it is very impractical and unwise to represent yourself, this situation being a perfect example of the pitfalls...in an ideal world, he should/could contact the KS Attorney General's Office, the Governor's Office, or perhaps even the Dept. Of Justice in DC, however in this day and age most complaints against "the establishment" or "the system" fall on deaf ears amongst other members of the machine, particularly as we seem to be removing the concepts of real justice and humanity from our increasingly greedy and corrupt society and government bodies at a breakneck pace...bottom line tell the inmate to KEEP HIS NOSE CLEAN (as they are undoubtedly gunning for him) keep trying and good luck as the odds are highly stacked against him...
Question: If a complaint against cherie blair was partly upheld why didn't she face a disciplinary hearing? http://news.bbc.co.uk/1/hi/england/london/10358121.stm
one rule for some another for others?
Answer: So, if you ever break a man's jaw during a row over queue-jumping in a bank , just tell the judge you are a religious person and you will not go to jail.
Must remember that.
Or would that only apply to certain religions?
Question: How to exclude Violent-Based and Harassment Campus Discipline offenders from leadership roles on campus? My roommate was sexually harassed by a male student and his roommate. The male student was already expelled and was warned to stay off campus and cease contact. His roommate was involved indirectly in knowing what was going on but not stopping it and not preventing further harm to my roommate. The roommate faced alternative action in the judicial system to have some mediation.
So now my roommate applies to be a student congress rep, thinking it will help her heal and feel better. Then after announcing her consideration, the male roommate alternatively disciplined all of a sudden applies. She then withdraws her candidacy for the position appointment. I think this is unacceptable. Our administrators don't seem to have brains to have a period where some folks can't be involved in student activities. Not even giving victims time to heal seems unreal.
After discussing with the President and Secretary of the Student Congress, they suggested to write a resolution to change the rules, because we have no policy limiting who can serve in student congress. Other representatives that I sent it to help have said that because student discipline is confidential that students don't have the right to receive information on discipline, which would prevent the student congress from enforcing it. My understanding is that FERPA regulations changed to allow more information to be shared in effect this Jan 2009, because of Virginia Tech and the presumption that information could not be shared, which would have or could have saved lives. Here, if someone is physically aggressive, or sexually harassing another person, having them lead all other organizations seems ridiculous.
Assuming our fantastic administrators just aren't so fantastically exercising their responsibilities to minimize risks (which could be emphasized in their failures to fire RAs harassing women victims or threatening sexual assault or punishing them by mediation and non-recording of discipline but re-hiring them next year). This seems ridiculous to me and because the student congress has some authority and discretionary duties, who we put there should be subject to some ethical standard, in my opinion. Is there any administrator out there that has a good idea about how to deal with this? It seems these folks leading the university just aren't the wisest.
Whereas, student leadership on campus is a privilege and an honor and STUDENT CONGRESS is no exception;
Whereas, STUDENT CONGRESS represents other student organizations and allocates fees and has greater powers and discretionary duties than regular organizations;
Whereas, the judicial system allows mediation and non-recording of offenses to help victims heal in alternative ways, but still can be disciplinary nonetheless;
Whereas, when perpetrators and others involved in perpetration of offenses can otherwise become student leaders and supervise or represent their victims can further trivialize prior incidents or disciplinary action;
Whereas, drug and alcohol offenses are not uncommon on college campuses and this resolution does not concern excluding or further penalizing on those grounds;
Whereas, this resolution also does not exclude from STUDENT CONGRESS candidates and leadership simply for being unsuccessfully accused of violent-based or harassment-based offenses, unless such action or remedies have been taken successfully in the University Judicial System;
Whereas, being suspended or expelled or having faced disciplinary charges from any school is a disqualifying factor that employers are allowed and usually do take into consideration as reflection of the candidate or their character;
Whereas, character in STUDENT CONGRESS leadership is highly important since trust is essential to meet constituents and engage in resolution of their issues;
Whereas, if a STUDENT CONGRESS Leader has physical aggression or other harassment-based issues, like sexual harassment or assault, we otherwise subject constituents to an aggressor or harasser;
Whereas, requiring special permission for violent-based or harassment-based discipline provides opportunity and time for agreement with the University and STUDENT CONGRESS before taking up a STUDENT CONGRESS leadership role;
Whereas, it is insensitive of STUDENT CONGRESS to subject victims to situations where they have to come to STUDENT CONGRESS and speak out against private situations where someone hurt them;
Whereas, when administrators don't exert responsibility effectively, we also have authority independent of them over who we allow to serve and should articulate standards on discipline;
Whereas, STUDENT CONGRESS may not be a "job" but still involves substantial responsibility and interaction with people, and having leadership that has engaged in violent-based and harassment-based offenses with record of discipline or alternative discipline at University sets a bad precedent for the kind of leadership that we want to see and rew
Answer: As your administrator has told you, discipline records are confidential STILL. They cannot be revealed without consent of the person. You could require all candidates to sign a consent form allowing the Congress to investigate disciplinary records. Most school governments have this kind of form for grade verification, which is also confidential.
Question: Why did Jehovah witnesses compromise blood tranfusion on their members? In 2000 the Witnesses changed the rules on blood transfusions so that the Church would no longer take action against a Witness who willingly and without regret underwent a blood transfusion. Some people wrongly interpreted the change as meaning that Witnesses could now accept blood. But the actual change was just that the Church would not take disciplinary action against that Witness.
Answer: Your claim is a lie. No such change in "rules" happened in 2000 or any other year.
** Neither Caramel nor Grey Tower nor danman have EVER had any connection to or association with Jehovah's Witnesses.
Question: Is it unlawful for a school bus driver to make a child sit on the bus steps? A friend just recently learned that her son is made to set on the boarding/unloading steps of the school bus while transporting children to school as a disciplinary action for her (overly active) kindergartner. This sounds like a very dangerous and maybe unlawful decision by the bus driver. I've looked around on the internet and have'nt been able to find any rules or saftey laws. Anyone know where I might find som info?
Answer: yes it is unlawful and bad judgment on the bus drivers part your friend needs to call the superintendents office and ask for whoever is in charge of transportation if that doesn't work talk to the superintendent and if that doesn't work school board meeting that is the chain of command your friend should take to get this resolved if none of that works i suggest driving the child herself the child as punishment be made to sit on the front seat but not where the child's life would be put in danger
Question: What a ridiculous rule for a high school male students to obey!? Can u believe my school disciplinary board just set a rule whereby male students can never ever leave our hairs longer than a specific length, or else risk of being cut by the teacher? Man! This is way too ridiculous? Dont they have better things to do then hunting for some students who disobey this rule?
What is wrong with them? We can't get to dye our hair too! This is not practical at all! Sometimes I wonder they set such rule is because the teachers are jealous of our hair, unlike theirs that are damn outdated!
Do your school have such DAMN RIDICULOUS rule(s)? BTW, i hate short hair, and I might be the next victim of the disciplinary board anytime soon...
BTW, i'm studying at a public school. Apparently, this ridiculous hair rule is set by the government in this country, nnot just my school itself...so it seem to be a new nationwide school rule for me and other male students to obey...
To be more specific, (for those who actually ask me what hair I'm talkin about...lol), the hair I'm talkin about is the hair we have on our head!!!
It sucks alot! what's wrong with male having lengthy hair? Hygiene is always the reason behind this rule! Come on, we know how to keep ourselves clean!
The worst and shocking part of this rule is that we have to pay the teacher for cutting our hair--- the not-so-professional way! They are not trained and yet can have the permission to cut student's hair!
Lawsuit is not appropriate as I found out that this rule apparently is set up by the government...and not just my own school...So petition might be useless too!
Answer: Wow, what hairs? (just kidding)
That is too crazy, what does hair have to do with your learning? Well the hair dye thing can get crazy, because there is always that one person who wants to dye their hair rainbow colors, smh. Well im in collge, and there arent really many rules, maybe things about clothing but they really dont care -- theyre jus happy they have your money.
Question: Middle School Teachers: Explain your classroom management procedures in relation to disciplinary measures.? I'm doing a survey of different classroom management procedures and how they vary by teacher. What are some examples of your classroom rules and how you enforce them?
PLease include what subject you teach and grade level, i.e., 7th grade social studies
and your number of years teaching
Thanks!!
Answer: I have taught kids from 5 to 19 years of age over an embarrassingly large amount of time, and always follow the schools own policy before any criteria of my own. All schools have, or should have a policy document that is universal so all the kids get treated the same by all the teachers. These policies vary from school to school, but usually have a first incident, second incident, third incident etc pyramid of consequences. It just does not work when one thing gets a kid a detention and the same thing in another class gets a kid a tut tut.
I currently work at a very small school for kids with emotional and behavioural problems. This system is regimented with a lesson by lesson points sytem, that also includes breaks and tutor time. Loss of points, say for general behaviour, leads to lunchtime and afternoon detentions and exclusion from after school activities. Loss of one point means 5 minutes detention etc. Other categories include, effort, presentation, uniform, leaving the class, and language. They are alloted points after every lesson and break, so that's 11 times a day. No messing with that policy. Several of the students tear up their points sheet which they take to every lesson, but they are always replaced and completed. Some kids try to eat them. Some pupils try to wrap a chair around your head if you drop a point or two. Some kids never make it to lessons because they have been restrained and are in isolation. I teach teach to 9 to 15 year olds. And I love my job.
Question: Disciplinary records sent to colleges..?? Help :(? Unfairly considered to be "cheating" according to my school rules. For a psych proj we were asked to run an experiement and do the write up on our own, without the help of others in the group. A person asked for help in the group and i gave it. I had already done my write up a week before it was due.and read off some stuff from my own paper. Turnitin.com found that her paper and mine was 50% alike.... I am considered cheating bc I tried to help a friend out, i did not copy off her paper nor did she even see my paper. I receive a 0 on the proj and a referral w/ 2 detentions. I have never gotten in trouble for any disciplinary reason, I am a hard worker and work hard in and out of school. I am currently applying for college, and was wondering if the referral would show up on my transcript even after I turn in the college app. If it does, how can i present to the colleges my side of the story...
("without the help of others in the group. A person asked for help in the group and i gave it"
You broke the rules, and you consider it unfair? )
I understand the consequences and yes i did violate the rules, but knowing me at times i can be TOO NICE and not realize it. I learned my lesson. it thought it was unfiar bc one of my teachers accussed me of being a dishonest person... which many other teachers and others know I am not.
Answer: Such discipline records are not generally sent. If you need a school recommendation from a teacher, that could be diffficult...it you are a chronic problem. Grades are usually the only factor...and money of course.
Question: My bankruptcy lawyer was disbarred ?(Idaho)? I filed bankruptcy on Jan 28th and went to my trustees meeting on March 5th. I thought I was in the clear. Then yesterday I get a letter saying the following:
The court has entered an order pursuant to its admission and disciplinary rules D.Id.L.Civ.R83.4, and 83.5 that attorney(his name) voluntarily disqualifiied himself from the practice of law until further notice Based thereupon:
YOU ARE HEREBY NOTIFIED that no further proceedings can be had in this action that will affect the rights of the party or parties representeted by Counsel, for a period of 21 days from the date of this order, except as the court might allow for a good cause.
It is further ordered that counsels clients the above debtors shall retain another attorney to appear for client, or in the alternative appear in person by filing written notice with the court stating how client will represent itself within 21 days of date of this order. If client fails to appear either in person or through a new attorney within suck 21 day period, such failure shall be sufficient grounds for the entry of default or other relief on pending matters, or may be grounds for dismissial of any mortions or proceedings with predjudice and without further notice.
So if I have already completed the whole process, filing, all the classes, and going to the meeting of creditors meeting, what do I have to do?? please help if you know what all this means and my best step moving forward. Thanks!
Answer: Your good. All that fancy wording means is he can no longer represent you or anyone else and that if you are in the process of hearing or trial you need a new lawyer. It also says " except as the court might allow for good case" meaning if you have completed the process you are now in the finalization's period and you don't have to appear again so the court will honor the existing filing.
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