Artifact #2 Teachers Rights and Responsibilities 1

Artifact # 2

Teachers Rights and Responsibilities

Nicole Lightell

EDU 210

September 12th, 2015

Artifact #2 Teachers Rights and Responsibilities 2

A school teacher named Ann Griffin was having a heated conversation with two fellow

coworkers and stated that she hated all black folks. When other colleagues heard what Ann had

said, it caused an undesirable response from both white and black colleagues. The principal of

the school recommended that she be fired based on the concerns of her capacity to treat students

fairly and her judgement and competency as a teacher.

In 1977, the Supreme Court established the principle that even if a teachers expression is

constitutionally protected, school officials are not prevented from discharging the employee if

sufficient cause exists independent of the protected speech (McCabe, 2009). As for the freedom

of expression for teachers, public employees comments on matters of public concern are

protected expression if they are made as a citizen and not pursuant to official job duties

(McCabe, 2009). Since Ann was on school property and the comment was heard by two of her

black colleagues she is not protected. The burden of proof is on the employee to show that the

expression is constitutionally protected and a substantial or motivating, by which her statement

was not. In the case of Mt. Healthy City School District vs. Doyle (1977), a school board voted

not to renew the contract of a non-tenured teacher who made a telephone call to a local radio

station concerning a proposed teacher grooming code. The teacher had been involved in several

previous incidents, but not renewing his contract the board cited lack of tact in handling

professional matters, referring only to the radio call and obscene gestures made to several

female students. The lower courts ruled in favor of the teacher, but the Supreme Court reversed

(McCabe, 2009).
Artifact #2 Teachers Rights and Responsibilities 3

Since tenure contracts involve statutory rights, specific procedures and protections vary

among the states. Consequently, judicial interpretations in one state provide little guidance in

understanding another states law. Most tenure statues specify requirements and procedures for

obtaining tenure and identify causes and procedures for dismissing a tenured teacher. Prior to a

school boards awarding a tenure contract to a teacher, most states require a probationary period

of approximately three years to assess a teachers ability and competence (McCabe, 2009).

Seeing as how Ann was a tenured teacher and was on probation for at least a year, to see

if she was able to remain teaching, I do not believe the schools case would hold up in court.

Granted her reputation would be ruined she could recommend to take a self-assessment class to

help her social skills. Dismissing her could cause her to turn around and counter sue. In

conclusion, the school would be in the wrong for dismissing her without proper due process for

her being a tenured teacher. Just because she doesnt like black people does not mean it would

hinder her ability to work in a school setting.

Artifact #2 Teachers Rights and Responsibilities 4

References
McCabe, N. (2009). Legal rights of teachers and students. (2nd ed., pp. 229-235). Pearson.

Mt. Healthy City School District vs Doyle. Supreme. 11 Jan. 1977. Caselaw.findlaw.com. Web. 12 Sept.

2015.