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Deidra Marie Glaser

College of Southern Nevada

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One afternoon, at Walt Disney High School, where the student population is 67%

African-American, 23% Asian American, 8% Hispanic or Latino, and 2% European American,

Ann Griffin, a white tenured teacher, was having a casual conversation with her co-workers

when suddenly the conversation topic started warming up. Ms. Griffin ended up making the

comment that she, “hated all black folks.” The colleagues she was discussing with were actually

the principal and vice-principal Freddie Watts, and Jimmy Brothers, who were also African

American. While the two were shocked by the comment, the word also had been leaked out to

the rest of the school, and it seemed many did not approve of her statement. It caused many

negative remarks among colleagues both black and white. Mr. Watts recommended dismissal

based on concerns regarding her ability to treat students fairly and her judgment and competency

as a teacher.

The United States has a very complex courts system that allows for its citizens and

government employees the right to due process according the the Fourteenth Amendment. As

stated in the textbook, ​The Legal Rights of Teachers and Students​:

The Fourteenth Amendment contains two important clauses the Equal Protection

Clause and the Due Process Clause. The Equal Protection Clause provides that no

state shall “deny to any person within its jurisdiction, the equal protections of the

laws.” In addition... the federal judiciary has identified both procedural and

substantive components guaranteed... by the Due Process Clause. Procedural due

process ensures fundamental fairness if the government threatens an individual’s

life, liberty, or property interests. Minimum procedures required by the U.S.

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Constitution are a notice, of the charges, an opportunity to refute the charges and

a hearing that is conducted fairly. (pp. 8)

Therefore, since Ms. Griffin qualifies as a tenured teacher, she is entitled to this due

process. She has the rights to equal protection under the laws, to have the opportunity to refute

her case, and to have it heard by a fair third party. The accusations against her regarding her

competency as a teacher and ability to fairly treat her students would be something that could be

unbiasedly judged by the courts.

Being a perfect role model can be difficult, and something that seems like an impossible

task. However, that is one of the job requirements for the teaching profession, so teachers are

held to little higher standard. Although, thankfully, they do not have to be perfect, just practically

perfect. According to the textbook, in regards to termination, “restrictions can be placed on

unconventional behavior that is detrimental to job performance or harmful to students. Educators

can be terminated based on evidence that would not be sufficient to support criminal charges, but

they cannot be dismissed for unsubstantiated rumors… in Peaster Indep. Sch. Dist. v. Glodfelty,

the court found that holding that widespread gossip triggered by unproven allegation of sexual

misconduct could not be the basis for not renewing teachers’ contracts.” (Cambron-McCabe,

2014, pp. 252). Educators must adhere to certain restrictions and guidelines, they are supposed to

be considered role models, however they can not be terminated for gossip and inappropriate

comments. While what Ms. Griffin said could be considered as a very inappropriate comment,

the comment did not adversely affect any of her students and was said in the company of

teammates. She was just freely sharing her thoughts, however rude they might be. In addition, it
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was just gossip, and just because the rest of the staff had negative feelings about her comments

does not justify a cause for dismissal, or the accusation of incompetency to teach.

If Ms. Griffin wishes to take her case to court, she can defend her case with the First

Amendment regarding her rights to free speech. People have a right to express their opinions

without fear of reprisal from the government. The First Amendment in the United States

Constitution, which protects all United States citizens, protects an individual's rights to speak

freely. However, these rights may be limited, depending on the situation. According to ​The

Guide to American Law Encyclopedia​:

An individual does not relinquish his or her constitutional rights merely because

he or she is a school teacher…. In Aumiller V. University of Delaware, a state

university did not renew the employment contract of a non tenured lecturer

because he had made certain statements about homosexuality that appeared in

three newspaper articles. A Federal Court held that the lecturer was entitled to

reinstatement for the academic years for which his contract had not been renewed

and also to back pay, because he had been penalized by the state university for

exercising his constitutional right of freedom of expression (pp.327).

Coincidentally, teachers and students do not lose their rights because they are government

employees. As from the findings in the Aumiller case teachers can vocalise their opinions on

different topics.

What is not protected by the First Amendment are kinds of expression such as libel and

slander, or insulting language, commonly referred to as “fighting words”. In the 1957 cases Roth

v. United States and Alberts v. California, the U.S. Supreme Courts decided that obscene or lewd
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language or expression is unprotected by the First Amendment (Knudson, 1984, pp. 327). In

contrast, if the School District wanted to justify the dismissal they could use as a claim that the

statement was one that was not protected by Ms. Griffin’s right to free speech due to its violent

and obscene nature. She was technically speaking to two African-American males and

supervisors using “hate speech,” which is legally prohibited.

Teachers and professionals are restricted to limited of freedom of expression within the

school and work environment. In the case Land v. L’Anse Creuse Pub. Sch. Bd. of Educ., a case

found in the textbook also, stated, “the court ruled to reinstate a teacher who was terminated after

pictures were posted on the Internet of her simulating the act of fellatio on a male mannequin at a

bachelorette party, because her ability to teach effectively was not adversely impacted enough to

justify dismissal” (Cambron-McCabe, 2014, pp. 252). However, pertaining to previous case, the

teachers behavior happened outside of the office and workplace, while Ms. Griffin’s comments

were made during school hours. The defendants could argue that the comments were in violation

to professional standards due to the circumstances where they were made and of the school

population.

In regards to the Tinker v. Des Moines School District, ​The Guide to American Law

Encyclopedia,​ states:

the Supreme Court upheld the right of students to express their anti-Vietnam War

sentiments by wearing black armbands to classes… The Court held that the record

did not contain evidence that school authorities had reason to anticipate that the

wearing of armbands would substantially interfere with the work of the school or

impinge upon other students’ rights... the extent of students’ right to freedom of
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expression must be determined in the context of the special characteristics of the

school environment. Students may properly exercise their First Amendment rights

as long as they do not significantly disrupt the maintenance of order in the school

and unduly infringe upon the rights of others (pp. 326-327).

How does Ms.Griffin’s comments infringe upon her students? Certainly, it could be

considered a disruption of the order of the school due to the demographics. Saying you “hate all

black folks” is a total negative to the positive cultural climate that schools wish to promote.

How would the courts rule? I feel like the comments that were made were inappropriate

and should not have been said during school. Moreover, the comment gives a rising concern

about Ms. Griffin’s professional and moral character, specifically a racial bias. However, the

words were not made in the presence of, or in regard to any of the students, and did not cause a

fight or a disruption of the academic process. Therefore, I do not think it is justifiable to dismiss

her. Although, I do feel like she could be required to take at least two cultural appreciation

classes for professional development.

In conclusion, teachers and staff need to be careful about what they say, and how they act

during work, and sometimes outside of the workplace. Keeping in mind, that their actions are a

reflection, of not only themselves, but the schools they work for. A teacher's actions can make a

dramatic impression and impact on their students and school. Being a role model is tough, and

comes with a lot of hard work attached to it. Although, hard work usually pays off in the end.

The major payoff here might be the fact that you are helping be a positive influence in someone's

life and contributing to a students success. As the famous quote goes, “with great power comes

great responsibility.”
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References:

Cambron-McCabe, N. H., McCarthy, M. M., & Eckes, S. (2014). ​Legal Rights of Teachers and

Students​. (Third edition). Upper Saddle River, NJ: Pearson.

Knudson, S,. & Sorenson A. (1984). ​The Guide to American Law. Everyone’s Legal

Encyclopedia​. (Volume. 7., pp 44-46). St. Paul, MN: West Publishing Company.

Knudson, S,. & Sorenson A. (1984). ​The Guide to American Law. Everyone’s Legal

Encyclopedia​. (Volume. 9., pp 323-328). St. Paul, MN: West Publishing Company.
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***Instructions/Notes:

Freddie Watts, principal, and Jimmy Brothers, assistant principal, are African-American

administrators assigned to administer a predominantly black high school. Ann Griffin, a white

tenured teacher, during a heated conversation with two stated that she “hated all black folks.”

When word leaked out on her statement, it caused negative reactions among colleagues both

black and white. The principal recommended dismissal based on concerns regarding her ability

to treat students fairly and her judgment and competency as a teacher.

What are the possible rulings in this case? Be sure to support your responses with constitutional

and case law found in your text. This will require you to name the supporting case and restate the

finding in the case. Argue all points of view.

Discusses 1st Amendment, Due Process, 14th Amendment, Pickering & Mt.Healthy/Hamburg :

Givhan & Garcetti

Outline for Artifacts 2 – 6

Paragraph 1: Introduction and recap of the scenario. X

Paragraphs 2& 3: Description of the plaintiff’s argument with supporting case law,

constitutional, state and/or federal law. X

Paragraphs 3& 4: Description of the defendant’s argument with supporting case law,

constitutional, state and/or federal law.

Paragraph 5: Your assessment of the outcome. How would the judge rule and why?

Paragraph 6: Conclusion Citations