Rules And Practices Of Burke's Roadmap System

Burke’s administrative duties require him to enact punishments under a roadmap system by use of infractions. Summ. J. Ex. F. 1-5. Although this roadmap sets up guidelines, the system, by its very nature, mandates the use of discretion. For immunity to be granted, the carrying out of one’s duties must be considered an act of discretion, and not ministerial. Downing, 935 S.W.2d 112 at 144. The Court previously ruled that “to separate the actions of creating and posting a classroom discipline plan from the broad responsibility of maintaining classroom discipline undermines the effect of the qualified immunity.” Id. The Court determined that posting a written disciplinary plan lessened “the focus [on] whether maintaining classroom discipline is

F. 1. The system provides three levels of infractions with a “broad range of behaviors considered to be misconduct.” Ex. F. 2. Each infraction level increases in severity, allowing for the administrator to apply punishments from the recommended tier, as well as the tiers above it. Ex. F. 2-5. However, the listed punishments are not exhaustive. The guidelines “may vary depending on the specific policies and practices of the administration, the circumstances of the infraction, or both.” Ex. F. 2-5. Additionally, the guidelines assert that the principal “always has the final authority in determining the consequences for a student’s misconduct and may waive any disciplinary rule for just cause.” Ex. F. 2-5. Burke contends that the principal of Jemison High does not issue disciplinary measures and instead focuses on the business side of the school. Summ. J. Ex. C. 5:3-4. Thus, discipline is left in Burke’s hands. Burke also contends that the actions of Paloma and her classmate constitute a level three infraction since they placed the student body at risk. Ex. C. 11:5-7. According to Burke, the infraction system could have allowed him more severe punishment for Paloma including referral to law enforcement, out-of-school suspension, or expulsion. The disciplinary action guidelines are purposely vague; they allow enactors the license to scope out problems as they arise and handle them based on the solution that