College of Southern Nevada

Nevada School Law Artifact #2

Christine Smith
September 12, 2014

TEACHERS RIGHTS AND RESPONSIBILITIES

TEACHERS RIGHTS AND RESPONSIBILITES

Scenario:
Freddie Watts, principal, and Jimmy Brothers, assistant principal, are African-American
administrators assigned to administer a predominately black high school. Ann Griffin,
a white tenured teacher, during a heated conversation with two stated that she hated all
black folks. When word leaked out on her statement, it caused negative reactions among
colleagues both black and white. The principal recommended dismissal based on concerns
regarding her ability to treat students fairly and her judgment and competency as a teacher.
After reading this case through for the first time, ones initial thought is of racial
discrimination due to the race of the parties involved and the inflammatory racial statement
made, hated all black folks. However, after the second read through, it is clear that the teacher
crossed the line. Although the circumstances surrounding the heated conversation among the
three colleagues are not completely clear, it is obvious that the teachers racially motivated
comment was unprofessional. Upon reading it a third and final time, I ponder the question, If
the conversation was between just the three of them the principal, assistant principal, and
[tenured] teacher, how, or rather who leaked out her statement? That question may be reading
into the scenario, and may not even hold any relevance, but I believe the principals request for
dismissal based on her judgment and ability to treat students fairly is accurate. However, I do
not believe her statement has any bearing on her competency as a teacher.
Because the teacher is tenured, she is protected by The Due Process Clause of the Fourteenth
Amendment, like its counterpart in the Fifth Amendment, provides that no state may "deprive
any person of life, liberty, or property, without due process of law." This clause applies to public
school districts and provides the minimum procedural requirements that each public school
district must satisfy when dismissing a teacher who has attained tenure. Note that in this context,

TEACHERS RIGHTS AND RESPONSIBILITIES

due process does not prescribe the reasons why a teacher may be dismissed, but rather it
prescribes the procedures a school must follow to dismiss a teacher. Note also that many state
statutory provisions for dismissing a teacher actually exceed the minimum requirements under
the Due Process Clause. (1) The United States Supreme Court case of Cleveland Board of
Education v. Loudermill is the leading case involving the question of what process is due under
the Constitution. This case provides that a tenured teacher must be given oral or written notice of
the dismissal and the charges against him or her, an explanation of the evidence obtained by the
employer, and an opportunity for a fair and meaningful hearing.(2)
The first possible outcome of this case would be the dismissal of the teacher. The school
board must show cause in order to dismiss a teacher who has attained tenure status. Causes for
dismissal vary widely among states, but usually include such grounds as incompetency,
immorality, insubordination, unprofessional conduct, neglect of duty, and other good and just
cause. (3) In this case, the cause used would be unprofessional conduct, and possibly
incompetency because of the principals concerns of her ability [to treat students fairly].
The other possible ruling in this case would be in favor of the teacher who would
undoubtedly claim that her racial statement is protected under the First Amendment freedom of
speech/expression. Most opinions receive constitutional protection, particularly when public
figures or officials are involved or the issue is one of public concern. To qualify as opinion, the
communication must not lend itself to being realistically proven as true or false and must be
communicated in such a way as to be considered a personal perspective on the matter, as proven
in Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990) (4) It is also possible she may

TEACHERS RIGHTS AND RESPONSIBILITIES

argue that there is no correlation between her personal opinion about black people and her ability
and/or competency in the classroom.
She may be a very competent teacher; however, I believe her personal opinion about
black folks will have a negative and/or impartial effect on her ability to treat all students fairly.
I believe the ruling for the teachers dismissal siting the cause of unprofessional conduct and/or
conduct unbecoming a teacher is the correct one.

TEACHERS RIGHTS AND RESPONSIBILITIES

References
(1) http://education.findlaw.com/teachers-rights/teachers-rights-tenure-and-dismissal.html
(2) http://education.findlaw.com/teachers-rights/teachers-rights-tenure-and-dismissal.html
(3) Cambron-McCabe, N.H., McCarthy, M.M., Eckes, S.E. (2014) Legal Rights of Teachers
And Students, Third Edition. (p.296); Pearson Education, New Jersey.
(4) Cambron-McCabe, N.H., McCarthy, M.M., Eckes, S.E. (2014) Legal Rights of Teachers
And Students, Third Edition. (p.37); Pearson Education, New Jersey.