Central Luzon Doctors Hospital Educational Institution

San Pablo, Tarlac City

Department of Graduate Studies
Master of Science in Nursing
Foundation of Education

Legal Rights of Faculty Members and Academic freedom

Considerations in Educational Environment
Reporter: Ramina J. Hiponia, RN

Legal Rights of Faculty Members

First Amendment- freedom of speech, religion, expression,
association.
Fourth amendment-Search and seizureis a procedure used in
manycivil lawandcommon lawlegal systems wherebypoliceor
other authorities and their agents, who suspect that acrimehas
been committed, do a search of a person's property and
confiscateany relevant evidence to the crime.
Fourteenth Amendment-The amendment addresses citizenship
rights and equal protection of the laws.

Rights to personal expression

School officials are not prevented from discharging the
employee if sufficient cause exists
Connick and Pickering Tests: legal test used to help determine
whether a teachers personal expression is constitutionally
permissible
Used to balance Teachers First Amendment right to air views on
matters of public concern vs. personal grievances

THE PICKERING TEST:

The statements directed towards any person with whom he would normally
be in contact in the course of his daily work as a teacher?
Are there issues of maintaining discipline of immediate supervisors or
harmony among coworkers?
Did the statement have a detrimental effect on the actual operation of the
schools?
Is the issue a matter of legitimate public concern?
Did statements impede the teachers proper performance of his duties in
the classroom?
Did the teacher knowingly or recklessly make false statements?

Freedom of Association
-first amendment association

rights connected to freedom of speech assembly

and petition.
-Teachers cannot be disciplined for joining of forming political, labor, religious or social groups
unless it will disrupt school operations or interfere with the teachers job
-Loyalty oaths are not allowed. Cannot require a teacher to pledge to not join subversive
organizations
Personal Appearance
Since the mid-1970s: Courts have supported school officials in imposing reasonable grooming and
dress restrictions on teachers
-strict restrictions on dress, hair, length and facial hair have been found illegal

Privacy Rights
-Personal Choices
Marriage
Contraception
Procreation
Family Relations
Out-of-wedlock Pregnancy
Unconventional Living Situations
Homosexuality
Alcoholism
Divorce
Child Rearing

Academic Rights of Faculty Members

A. Faculty members have the right to academic freedom and the right to
examine and communicate ideas by any lawful means even should such
activities generate hostility or pressures against the faculty member or the
university. Their constitutionally protected exercise of freedom of
association, assembly, and expression, including participation in political
activities, does not constitute a violation of duties to the university, to their
profession, or to students.
B.Where their rank and status are appropriate, faculty members have the
right to vote on faculty appointments, promotions, and tenure, and to vote
for representatives to college and university legislative bodies
C.Faculty members have a right to support and assistance from the
university in maintaining a climate suitable for scholarship, research, and
effective teaching and learning.
D.Faculty members are entitled to an academic environment free from
violence or systematic disruption, and to a teaching environment
adequately equipped for meeting the teaching mission of the university.
Faculty members have a right to assistance from the university in improving
their skills and developing their talents as teachers and scholars.
E.Faculty members have a right to fair and equitable financial remuneration
commensurate with their rank, duties, performance, and professional
stature.

Professional Obligations
Faculty members must not plagiarize or permit the
appearance that they are the author of work done by
others.
When faculty members are engaged in joint research
or other professional efforts with colleagues, they
must exercise reasonable care to discharge their
agreed obligations
Faculty members whose commitments to the university
include research, publication, or other professional
endeavors must exercise reasonable care to
discharge their agreed commitments
When faculty members serve as supervisors of the
professional work of other persons, they must not
exploit their position for personal or pecuniary gain

Academic freedom
-Freedom granted to faculty to research and
teach according to their interests. Freedom
granted to academic institutions to determine
professional standards for the academy.
Academic freedom is the freedom of teachers
and students to teach, study, and pursue
knowledge and research without unreasonable
interference or restriction from law, institutional
regulations, or public pressure.
1. FACULTY ACADEMIC FREEDOM
2. INSTITUTIONAL ACADEMICFREEDOM
3. STUDENT ACADEMIC FREEDOM

 FACULTY ACADEMIC FREEDOM

Teachers are entitled to freedom in the classroom in
discussing their subject, but they should be careful not to
introduce controversial matters that have no relation to
their subject. Limitations of academic freedom should be
stated in writing at the time of appointment.

INSTITUTIONAL ACADEMICFREEDOM
The curriculum belongs to the institution not to the faculty.
The institution can demand certain standards of teaching
and evaluate the faculty against those standards.
Institutions reserve the right to determine
1. Who may teach
2. Who may be taught
3. How it shall be taught
4. Who may be admitted to study

STUDENT ACADEMIC FREEDOM

The professor in the classroom should encourage free discussion,
inquiryand expression.
Student performance should be evaluated solely on academic basis, not
on opinions or conduct in matters unrelated to academic standards.

In the Philippines the 1987 Philippine Constitution states that, "Academic

Freedom shall been joyed in all institutions of higher learning

Civil Liberty
The teacher is a citizen as well as a teacher. He would like to be free as
other citizens in deciding to join a church or a political party, to wear a
style of clothes, to dance and to drink or smoke. So long as he
exercises freedom in these matters in conformity with his community,
not troubles will arise.
A teacher teaches by example even on out of school hours and off the
school grounds just as well as during the time he is officially in school.
Since the democratic community has the right to prescribe the
curriculum it want taught, it is only proper that the teacher should
conform to its dictates in exercising his liberties as a citizen. Any man
or woman, on becoming a teacher may well feel honored to ascend
any pedestal of civic virtue. If unwilling, he should resign or seek
another position.

Environmental Considerations:
Cleanliness; orderliness; noise levels; adequate space, resources and
materials; inviting aesthetic quality; sufficient lighting; and appropriate air
quality and room and building temperature.

Structural Considerations: School size; class size; hallway size and design;
entrances; stairwells; scheduling; and curricular and extra-curricular
offerings.

Safety Considerations :
Social-Emotional o Clearly communicated rules and norms for behavior,
including for verbal abuse, teasing, harassment, intimidation and bullying,
exclusion, violence and substance use and the threat of these behaviors;
clear and consistent response to violations of the code of student conduct;
perceptions and attitudes about violence and bias; conflict resolution and
conflict management taught and practiced; support for risk taking,
independent thinking and questioning; and internal and external support
readily available for student problems.
Physical Building/facilities maintenance; crisis plans; visitor monitoring;
equipment including electronic communications; supervision of students
throughout the building; hallway traffic; traffic into and out of the building;
travel to and from school; and coordination with eemergency and first
responders.

School built environment

There is strong, consistent evidence for the effect of basic physical variables (air quality,
temperature, noise) on learning.
Once minimal standards are attained, evidence of the effect of changing basic physical
variables is less significant.
There is conflicting evidence, but forceful opinions, on the effects of lighting and colour.
Other physical characteristics affect student perceptions and behaviour, but it is difficult to
drawdefinite, general conclusions.
The interactions of different elements are as important as the consideration of single
elements.
Physical environment in the classroom
Much of what is known about student comfort, particularly in terms of furniture, has yet to
be translated into actual school environments.
Since different room arrangements serve different purposes, it is necessary for classrooms
to have some degree of flexibility.
Some improvements to environment may save time, which is then available for learning.
Ownership of space and equipment by both teachers and students is important.
Ownership and engagement are ongoing elements, so there has to be a balance (in display
of student work, for example), between permanent and fresh elements. Some physical
elements in the classroom improve comfort, well-being and probably attitude - and so,
perhaps, improve achievement.

Questions: should students have equal

academic freedom to that of professors?
Undergraduates? Masters? Doctorals? Does
this impact learning, teaching, or research?

Thank You
Godbless us all