Teachers rights and responsibilites 1

Teachers Rights and Responsibilities

Christina C. Martinez
College of Southern Nevada

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Abstract
Our purpose in life is sometimes unknown and maybe even solemnly hidden. Hidden behind a
profession that we have built and paved for our very selves. We blindly overlook the possibilities
of a greater purpose, in our chosen field, especially in the field of education. In the field of
education, we have a significant opportunity to influence and guide everyone around us. With
opportunity comes responsibility yet not only a responsibility to ones self but to our peers, our
students and our profession as educators. In the case of Ann Griffin, a secondary school teacher,
concerns of her capabilities arose and were put into question. Ms. Griffin, at the time, was
conducting a conversation with two of her school administrators when the conversation elevated
to another level. As the conversation took place between the three staff members, Ms. Griffin
declared that she hated all black folks. The conversation was then released and eventually
leading to the disturbance amongst the rest of her colleges. The questioning of Ms. Griffins
decision process and competency as an educator eventually lead to the recommendation for
dismissal on the grounds of whether she could in fact treat her students equally fair.

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Teachers Rights and Responsibilities
In the event we must have a conversation in a work setting we must always try and
remember that we as teachers are held to a higher standards. In saying so we have to ask
ourselves who was in the wrong in this situation. Is it just Ms. Griffin or is it her superiors who
have set her up for frailer.
Applicable Rights
The Amendments were put forth in order to help improve the Constitution and to better
the rights of the people. Our right to freely speak and express are protected yet must fall under
proper guidelines. The 14th Amendment states, All persons born or naturalized in the United
States and subject to the jurisdiction thereof, are citizens of the United States and of the State
wherein they reside. No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws. (US Constitution, Section 1) Our right to freely speak and express are
clearly protected yet must fall under the proper guidelines. Hand in hand with the 1st
Amendment states that the government cannot restrict our right to speak based on content. The
1st Amendment covers the actions of all three branches the federal, state and local government.
As a tenured teacher in the public school system Ms. Griffin is entitled to full procedural
protection.
Arguments in Support
In the Givhan v. Western Line Consolidated School District was ruled in a U.S. Supreme
Court, that under the 1st Amendment public employees are permitted with boundaries to express
themselves. Bessie Givhan was a teacher in Mississippi District. She had been having several

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private conversation with the school principal. During these conversation she would express her
beliefs on racially discrimination practice and policies within the district. There was claims of
hostility and insults. The original ruling was for Givhan and was appealed. The reversal help that
since her conversation was private it was not protected under the 1st Amendment. (Web)
Arguments in Opposition
In the 2007 case of Curran v Cousins, Joseph Curran, who was a corrections officer, sued
the Essex County Sherriffs Department for terminating his employment in retaliation for his
speech. Joseph claim that his 1st Amendment rights had been violated. Frank Cousin was the
appointed Sheriff at the time. Curran was being questioned about sick days and was not very
polite to staff members and his Captain. The Captain put in a complaint against Curran and held
a disciplinary hearing. In retaliation Curran posted on the unions website topics of improprieties
of the Department, threatening and racist messages and included a posting of the Sheriffs photo
stating, Pull that trigger on the NIGGER! This case is another example of a heated
conversation that has gone too far verbally and has racial condemnations. (Web)

Conclusion
In this ruling I found favor in the plaintiff. The reason by hide this is because she did not
have a private conversation because it was with two other people. So they 1st Amendment cannot
be ruled out. Secondly she was not the one who leaked out the conversation. There for they could
not find fault in her starting an uproar with the other teachers nor causing a disturbance. Her only
fault was speaking out of anger in a conversation that should have been maintained by her
supervisor. If Ms. Griffins abilities up until that moment, in her classroom, were superb then

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they could find no reason to believe she could not continue to teach in a predominately black
school system.

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References
Encyclopedia Britannica, Inc. (2015). Givhan v. Western Line Consolidated School District.
Retrieved from http://www.britannica.com/EBchecked/topic/1988528/Givhan-v-WesternLineConsolidated-School-District
FindLaw (2015). Curran v. Cousins. Retrieved from http://caselaw.findlaw.com/us-1stcircuit/1281712.html