Running

Head: Artifact #2 Assignment Reyes 1

Artifact #2 Assignment

Cynthia Reyes

Dr. Dale B. Waby

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Artifact #2 Assignment

In a scenario where there is a principle, Freddie Watts, and an assistant principle,

Jimmy Brothers, are both African American administrators, which are assigned to a black

high school; A white teacher, Ann Griffin, said that she hated all the black folks, in

front of both administrators standing in front of her in a heated conversation caused a

negative reaction between both black and white colleagues. During this event, the

principle recommended that she must be dismissed based on the way/ability to treat the

students fairly and her judgment and expertise as a teacher.

The first Amendment protects communication and activities when any teacher

decides to speak on the topic of public concerns. Court Case Pickering v. Board of

Education is a case where a teacher criticized the school board as well as the

superintendents actions regarding a school tax levy in a letter to the editor that was

published by the local newspaper. The school board also dismissed this teacher. In the

end the Supreme Court ended up finding out that the school had violated the teachers

rights in the first Amendment, freedom of speech. The Court also ruled that teachers, as

citizens, do have the right to make critical public comments referring to public concern.

In the case of Connell v. Higginbotham, another teacher was dismissed as well.

Courts have now have made it a condition that states the teachers need to pledge support

of the United States Constitution. The teacher refused to sign the loyalty oath, which was

required to be signed by all the public employees. The oath must be signed by all the

employees, by them signing they are swearing allegiance to the United States and state

constitution, and saying that they do not believe in the overthrow of the state or federal

government. The Court first upheld the first oath of allegiance, but they ended up finding
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out that the second was a violation of all the employees rights because rights because it

Permitted dismissal from public employment without having a hearing.

A Dismissal of a teacher would be defined as the termination of employment

during the term of a contract. Teachers also have certain procedures that must be

followed during the dismissal process. Teachers could be dismissed if they are being

insubordinate. In one case a school district terminated a high school industrial arts teacher

for repeated refusal to submit lesson plans to the principle even though the teacher had

received positive performance evaluation. The art teacher was also suspended for four

days without pay and then transferred after fighting with a student.

In Melzer v. Bd. Of Edu. Of the city Sch. Dist. Of the City of N.Y., the second

Circuit Court of Appeals concluded that Mr. Melezers position as a teacher working with

minors and his active involvement in the North American Man/Boy Love Association,

which actively advocates pedophilia, sufficiently disrupted the educational mission to

warrant his dismissal.

My decision on the case would be that even though the teacher was being rude by

saying what she had said, I do not think she should have been dismissed the teacher. In

my opinion, I think it was violating the first Amendment, freedom of speech. She has the

right to speak what is on her mind but also she must take responsibility for her actions,

for what she said that was very rude and I would consider it being racist as well.