TEACHERS RIGHTS' AND RESPONSIBILITIES

Teachers' Rights and Responsibilities

Chapter 2 & 3 Assignment Submission ( Portfolio Artifact # 2)

Sarah Kerschgens

EDU 210 Nevada School Law

Dr. Dale Warby

January 26, 2018

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A case has been brought before the Courts regarding the dismissal of a teacher,

Ann Griffin. Griffin , a white tenured teacher that taught in a predominantly black high school

was to be dismissed by the principal as it had come to her attention that during a heated

conversation with two administrators Griffin stated that she “hated all black folks”. Due to this

comment and the fact that the comment had somehow leaked out , the Principal Mr. Watts had

concerns about her ability to treat students fairly and also had concerns regarding her

judgment and competency as a teacher. To be taken into account is the fact that this comment

was made during a “Heated Discussion” and not in a relaxed environment so should be looked

at from all perspectives.

According to the administration the dismissal was warranted , it was felt that Griffin

would not be a able to remain impartial and exercise the compassion needed for students who

are different in color to herself. In Cole v. Oroville Union High School District. 228F.3d 1092

(2000) The courts ruled that “Messages bore the imprimatur of the School” The case here was

about a Graduation Speech that students refused to modify after it has been reviewed by the

board, as the speech was too sectarian. The Reasoning for the court ruling was that the court

felt that a speech was an Endorsement of the school. In Principal Watts defense to the

dismissal he can argue the same; Griffins thoughts could be seen as the thoughts of all white

teachers in the school.

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Also in Watts favor are the rulings Melzer v Board of Education 336 F 3d 185 (2003),

here the court upheld the dismissal of a teacher due to the fact that because of his actions he

would disrupt the schools operations and his effectiveness as a teacher would be undermined.

In Principal Watts defense if a teacher has lost the respect from her colleagues and students

she will not be able to preform her duties in harmony with her coworkers. A teacher has a

professional duty of care for his or her students and for the school. Clearly Griffin proved to

be disrespectful with her statement “she hates all black people” and her statement could be

used to stir up racial prejudice in the school. If she were not reprimanded it would show that

the administrators fully supported her views.

In Griffins favor are the rulings Pyle v School Committee of South Hadley, 423 Mass,

283, 667 N.E.2d 869 (1996) Here the issue was whether students are free to engage in any

expression they choose, even if deemed vulgar by the school. Here the court ruled that

Massachusetts law protects students' rights to engage in any expression they choose, even if

deemed vulgar by the school as long as it does not cause a disruption at school. What Griffin

said was “vulgar” but it need not be spread around the school and what she had said in a

heated argument should not be taken out of context and so would not disrupt the efficient

operation of the school.

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Also in favor of Griffin is the ruling Burnside v. Byars, 363 F 2d 744 ( 5th Cir.1996)

Here a group of public students at an all Black school in Philadelphia wore “freedom buttons”

to protest racial segregation, The Principal believed the buttons would cause commotion and

disturb the school program , The 5th Circuit panel held that school officials could not prohibit

the wearing of “freedom buttons” as there was no evidence that the buttons caused substantial

disruption. It could be argued that Ms Griffin was a minority as it was mainly a black school,

perhaps she was being unfairly treated or shunned by her black colleagues. In those

circumstances in a heated private conversation she may have felt the need to defend her

position and made an unfortunate choice of words. It is important that it was a private

conversation between Ms Griffin and her two colleagues and not a public statement .In

support for Ms Griffin's position, was the fact that her private discussion was presumably

leaked in order to disparage her position and cause her to be further isolated by colleagues and

students. This could equally be deemed to be racist with the objective being to have her

dismissed in favor of perhaps a black teacher and promoting the culture of an all black school.

Clearly this goes against her equal rights under the constitution and a multicultural society. In

any event unless Ms Griffin did not apologize and show remorse, it causes reasonable doubt

and the case should be dismissed.

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One of the liberties of being an American citizen is that we enjoy the rights to associate

with whomever he or she chooses for whatever purpose [ the right of] individual freedom

Alexis de Tocqueville, Democracy in America 184 ( Harvey C Mansfield & Delba Winthrop

eds. & trans, U.Chi.Press 2000) (1835). The First Amendment protects the speech of someone

like Griffin, no matter how different, unpopular or morally repugnant society may find her

activities. But in saying this I believe the courts will rule against Griffin and in favor of Watts,

as she has gone against at least four of the guidelines established by a Connecticut court in the

case of Pickering involving free speech

# The impact on harmony and confidence among coworkers

# The place where the statement occurred

# The impact on staff and students

# The teachers lack of professionalism

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TEACHERS RIGHTS' AND RESPONSIBILITIES

REFERENCES

Cole v. Oroville Union High School District. 228F.3d 1092 (2000)

Retrieved January 25, 2018

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1686

Melzer v Board of Eduaction 336 F 3d 185 (2003)

Retrieved January 25, 2018

http://caselaw.findlaw.com/us-2nd-circuit/1484196.html

Pyle v School Committee of South Hadley, 423 Mass, 283, 667 N.E.2d 869 (1996)

Retrieved January 25, 2018

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1680

Burnside v. Byars, 363 F 2d 744 ( 5th Cir.1996)

Retrieved January 25, 2018

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1658

Alexis de Tocqueville, Democracy in America 184 ( Harvey C Mansfield & Delba Winthrop

eds. & trans, U.Chi.Press 2000) (1835)

Retrieved January 25,2018

http://www.press.uchicago.edu/ucp/books/book/chicago/D/bo3612682.html
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