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Rosario Hernandez
Sherry Herington
Artifact #22
Abstract
Throughout the history of teachers, students, and education laws have had a great impact in how
our education system is today. Even laws that are not hand-in-hand with education still apply to
teachers since they are public employees. In a hypothetical scenario, Freddie Watts, principle,
and Jimmy Brothers, assistant principal are both African-American assigned to a predominantly
black high school are offended by Ann Griffin, a white tenured teacher. There are several
outcomes that could happen just reading in between the lines and applying the laws that we
follow today.
Artifact #23
In a predominantly black high school, Freddie Watts, principle, and Jimmy Brothers,
assistant principal get in an argument with Ann Griffin, a white tenured teacher. During the
argument Ms. Griffin states she “hated all black folks.” Shortly after the word spread around of
what Ms. Griffin had said and Mr. Watts suggested her dismissal from the school based on
concerns of her treating students fairly and questioned her competency as a teacher. Considering
the laws that have been implemented on teachers and the court cases that have occurred in the
past there are several different outcomes. Both ruling for, and against Ms. Griffin.
In the Pickering vs Board of Education court case of 1968, Marvin Pickering was
terminated for writing a letter to a local newspaper about current school funding. This later
resulted in a Balancing test, which stated teachers could be terminated if the expression:
interfered with teaching effectiveness, impeded school operation (court reasoned no negative
effect in any area). Considering this, Ms. Griffin should have been rightfully terminated because
her statement would lead to the relationship with her principles falling apart due to racial
conflicts. In addition, the relationship with her colleagues would also be affected with the
statement. In the long run, the statement could have even interfered with school operation
Another supporting court case would be Waters vs Churchill of 1994, which was not
necessarily an education case yet it is applicable to the situation. A Nurse was fired because of
something she had mentioned to a co-worker regarding the hospital operation of her employer.
The Supreme Court ruled for the dismissal of Ms. Waters, and established that an employer
could dismiss an employee if they believed that something had been said. Evidently, Watts and
Artifact #24
Brothers did not have physical evidence to prove against Ms. Griffin but they know she said
what she said, and the way that it spread throughout the school was the cause of her termination
of employment.
On the other hand, Given vs Western Line Consolidated School District of 1974 states
that as long as a statement made refers to matters of public concerns the individual is protected
with his/her rights of the 1st Amendment, freedom of speech. Although the statement was made
in the school that was still not a factor of how to prosecute the happening, Ms. Griffin said that
she “hated all black folks,” she did not single handedly point out anyone in the school or even
address either of her principles. Watts, Brothers, and the rest of the staff just assumed that she
was addressing them since she was a white teacher in the predominantly black school. During the
time and considering the location of the school there were more than likely several more
Lastly, in Mt. Healthy City School District vs Doyle, the school district tried to dismiss a
teacher for making a call to a radio show to make a comment of teacher grooming. The Supreme
Court ruled that a teacher could not be dismissed if that was the main reason for it, that being
said there had to be other reasons that could back up the fact that the teacher was being
dismissed. In other words, that the teacher would have been dismissed even if he had not made
the call to the radio show. This being said, Ms. Griffin was a tenured teacher, therefore, she had
already passed her probationary teaching period and that means she was a qualified teacher. It
appears that there were no other indications that she should have been dismissed from her
position. The rest of the reasons why Watts wanted to dismiss her were only concerns and no
other evidence that indicated she was unable to perform her job duties.
Artifact #25
In my opinion, Ms. Griffin should have been dismissed from the school based on the
Pickering vs Board of Education case. Her statement would definitely jeopardize her relationship
with her colleagues and principles. In the long run, the fact that she mentioned races in her
argument could have gone one way or the other, meaning that it could blow over or just
continuously get worse among everyone in the school. Even though they may have been in an
argument Ms. Griffin did not place herself in a good position to mention her hatred towards
African-Americans. Also, it would later reach the students, and that would have definitely
bothered them and affected their way of seeing her as a teacher and would have been difficult to
References
Underwood, J., & Webb, L. D. (2006). School law for teachers: concepts and