Teachers' Rights and Responsibilities

Alyssa Hanzel

CSN-EDU 210
 Teachers' Rights and Responsibilities

"Without freedom of thought, there can be no such thing as wisdom - and no such thing as

public liberty without freedom of speech." -Benjamin Franklin. As our First Amendment,

Freedom of Speech allows us the right to express any opinions without censorship or restraint.

Should there be a limit on how far we take that freedom? Freddie Watts, an African-American

principal, believes there should be. Mr. Watts and another administrator, Jimmy Brothers, had a

very heated conversation with Ann Griffin. Mrs. Griffin, a white tenure teacher, exclaimed that

she "hated all black folks". As two African-American Administrators in a pre dominantly black

school, Mrs. Griffin's statements raises major red flags. Will she be able to treat students fairly

without judgment? Based on these concerns, dismissal has been recommended.

Pro Support

In MCALLISTER v. LOS ANGELES UNIFIED SCHOOL DISTRICT (Findlaw, 2013),

McAllister attended a rally for the movement known as "Occupy Los Angeles". The following

statement was made by McAllister during a television interview, "I think that Zionist Jews who

are running these big banks and our Federal Reserve, which are not run by the federal

government, they need to be run out of this country". News travelled fast of this statement, which

urged people to call LAUSD, requesting for her dismissal. Although they do recognize freedom

of speech as a law, McAllister's words do not fall under protected speech. McAllister was

terminated and later appealed the final judgment. Judgment was affirmed. McAllister's case

parallels Griffin's case in which remarks were made about another group of people. These

remarks fall under the terms of hate speech. Hate speech is when a person attacks a person or

group based on as race, religion, ethnic origin, sexual orientation, disability, or gender.
 Another case where First Amendment was called into play is LOEFFELMAN v. BOARD

OF EDUCATION OF THE CRYSTAL CITY SCHOOL DISTRICT (Findlaw, 2004). In 2002,

Jendra Loeffelman had a series of questions asked by students. Student O.W. asked if Mrs.

Loeffelman was for interracial relationships. Loeffelman's response was "I'm totally against it"

and continued by stating that "mixed children" are "dirty". Loeffelman, a tenure teacher, like

Ann Griffin, was fired and argued that her comments were protected by the First Amendment.

Appeal was denied and judgment was affirmed.

In Chapter Three, Teachers' Rights, of School Law for Teachers by Julie Underwood and

L. Dean Webb, Protected and Disruptive Speech are discussed (pgs. 48, 49). Ann Griffin's

statements are not protected speech according to the following passage, "The Court further held

that unless the public expression undermines the effectiveness of the working relationship

between the teacher and the teacher's superior or coworkers, the teacher's ability to perform

assigned duties, or the orderly operation of the schools, such expression may not furnish grounds

for reprisal" (Underwood, Webb pg. 48). Unfortunately for Griffin, her words display

discrimination and they affect not only her coworkers, but students at the pre dominantly black

school and are grounds for reprisal.

Con Support

In Chapter Two, Employment and Tenure, of School Law for Teachers by Julie

Underwood and L. Dean Webb, goes on to explain how tenure is awarded and the benefits to

follow. "Once a teacher is granted tenure the teacher is said to have a "property right" to

continued employment, which cannot be taken away without due process" (Underwood, Webb

pg. 36). The statement made by Ann Griffin was a personal opinion that does not reflect onto her

students. As a tenure teacher, she has been awarded an indefinite contract. In a similar case in the
Fairfax County school system, tenure teacher Violet Nichols was let go with insufficient

evidence (Brown, 2012).

Nichols was fired from the school based on observations made in the class and having a

more "old school" approach. Based on the evidence provided though, "Nichols's students scored

no differently on state tests than other sixth-graders at Rose Hill" (Brown, 2012). Students

parents testified as well stating things she was accused of were just not true. In the end, Fairfax

County school system dropped its effort to fire Violet Nichols and she is to return to teaching.

In 1968, the PICKERING v. BOARD OF EDUCATION case discusses a teachers' freedom

of speech and how it is protected (Underwood, Webb pg. 48). Pickering wrote a letter to the local

newspaper criticizing how school funds were being handled. After being dismissed by the

school, the case was taken by the United States Supreme Court. The court then overturned his

dismissal. As a citizen, teachers have the right to make critical public comments."Pickering's

statements were not directed at the people he normally worked with, nor that there was any

disruption to the operation of the schools" (Underwood, Webb pg. 49). As the case goes for Ann

Griffin, her alleged statements were not involved in the classroom nor does it affect her teaching

skills. We are unaware of the context of her statement, the heated argument, or why it was leaked

to begin with.

Conclusion

In conclusion, I am pro support of the schools decision to dismiss Ann Griffin. I strongly

believe schools should have a zero tolerance of discrimination of any kind. If this were to be able

actual court case, I believe the court would agree with the schools decision as well. Griffin's

comments show that she could clearly have clouded judgment when working with students of

color. Tenure has no place in being a saving grace for those who do wrong like this scenario. The
case with Loeffelman really made my decision set in stone. Knowing if Griffin were to make

those remarks to coworkers, it would be only a matter of time until it was reflected onto the

children like Loeffelman did. Children are our future and should be protected in any way

possible. As someone who has personally been verbally abused in high school by a teacher who

had tenure, I would like to see tenure to have stricter guidelines and harder to get.
 References

Brown, Emma (2012). Teacher Tenure: a Fairfax schools firing case. The Washington Post.

CaseLaw/Findlaw (2004). Loeffel v. Board of Education of the Crystal City School District.

http://caselaw.findlaw.com/mo-court-of-appeals/1109760.html

CaseLaw/FindLaw (2013). McAllister v. Los Angeles Unified School District.

http://caselaw.findlaw.com/ca-court-of-appeal/1633454.html

Underwood, Julie & Webb, L. Dean (2006). School Law for Teachers. Pearson Merrill Prentice

Hall, pgs 36, 48,49