Running Head: TEACHERS RIGHTS AND RESPONSIBILITIES 1

PORTFOLIO ASSIGNMENT II

Teachers Rights and Responsibilities

Portfolio Assignment II

Seth Manesse

College of Southern Nevada

Teachers Rights and Responsibilities: Portfolio Assignment II 2

Scenario

In a heated conversation with two school administrators, Ann Griffin, a high school

teacher, declared that she hated all black folks. The administrators, Freddie Watts the school

principal, and Jimmy Brothers the assistant principal, are both African-American. The school

itself also has a predominantly black student population.

Her remarks were leaked and caused negative reactions among both white and black

colleagues. Principal Watts is recommending that Ms. Griffin be dismissed, in spite of her having

tenure. His concerns are that, because of her expressed bias, she will not be able to treat

students fairly also that she has displayed poor judgement so serious that her competency as a

teacher is questionable.

Arguments for Retention

Tenure, property rights, and due process:

Among the rights granted and implied by the Fourteenth Amendment is the right to due

process when the right to property is threatened. According to the court case Board of Regents

of State Colleges v. Roth (1972):

Thus, ... the Court has held that a public college professor dismissed from an office held

under tenure provisions and college professors and staff members dismissed during

the terms of their contracts have interests in continued employment that are

safeguarded by due process.

The scenario specifically states that Ann Griffin is a tenured teacher. She has a property right to

her tenure and it cannot be taken from her without due process; she is entitled to a hearing.
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Reverse discrimination, retaliation, and hostile work environment:

If the school dismisses Ms. Griffin, she may be able to meet the high burden of proof

required to prevail in a reverse discrimination, retaliation, and hostile work environment claim.

Title VII was not designed to create a federal remedy for all offensive language and

conduct in the workplace. Rather, its purpose is to protect a reasonable person from

an environment in which abuse is sufficiently severe or pervasive as to alter the

conditions of his or her employment.

In order for plaintiff's case to survive summary judgment, he carries a heavy burden of

presenting evidence (Joiner v. Wal-Mart Stores, Inc. 2000)

The negative reactions of coworkers caused by the revelation of Ms. Griffins remark could be

considered a hostile work environment.

Arguments for Dismissal

First Amendment rights of freedom of speech and discriminatory speech:

In the court case Loeffelman v. Board of Education (2004) the Missouri Court of Appeals,

Eastern District, Division Five, found a teachers First Amendment right to free speech is limited.

Part of the court ruling stated:

Teacher's comments irreparably damaged the student-teacher relationship by destroying

her rapport with her students and thereby diminishing her ability to effectively teach her

students
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The time, manner, place, and context that Teacher chose to make her comments

exhibits, to say the least, extremely poor judgment. The nature of her comments was

obviously discriminatory, and therefore legally unacceptable.

The School District's interest in efficiently operating a school that is free from race-based

discriminatory speech outweighs any First Amendment right that Teacher may have to

express her private opinion regarding interracial relationships and biracial children to her

students.

Ms. Griffins rights of freedom of speech are limited due to her duties and responsibilities as a

teacher.

Tenure and due process:

In Cleveland Board of Education v. Loudermill (1985) the U.S. Supreme Court ruled that

a hearing was required as due process when discussing termination. The court stated, We

conclude that all the process that is due is provided by a pretermination opportunity to respond,

coupled with post-termination administrative procedures.

The teacher should be suspended and a prompt hearing with the district or the school

board should be scheduled. Any school district will have rules and procedures for this type of

review and those rules should be followed closely.

Conclusion and Decision

If the only issue in this discussion was a racist remark made in a closed-door meeting

the problem is more easily and professionally resolved. After reviewing of the issues and
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affording the teacher an opportunity to defend herself a decision needs to be made. Either, Ms.

Griffin should be retained with a reprimand or, if she is found unsuitable, dismissed.

Unfortunately, there is more to the scenario than that. Ann Griffins remark was

unquestionably unprofessional and inappropriate. However, according to the scenario, her

remark was leaked. This implies that one of the three people at the meeting made her private

remark public. Assuming it was one or both of the school administrators this was a serious

breach. By making this remark public Principal Watts and/or Assistant Principal Brothers may

have created a hostile work environment. They retaliated against an employee, stirred up a

negative reaction within the staff, and are threatening Ms. Griffins continued employment.

The fact that the conversation became heated and some inappropriate remarks were

made should not negate protections of free speech. The conversation should have never been

made public. Based upon this situation, Ann Griffin may have grounds for a lawsuit due to

harassment and hostile work environment.

Principal Freddie Watts and Assistant Principal Jimmy Brothers should be investigated.

One or both of them should be reprimanded for making the remarks of a close-door meeting

public. They should have made school officials aware of the remarks and had a hearing

instigated without leaking the controversial comments.

Ms. Ann Griffins intolerable remarks need to be addressed. She should be given a

prompt hearing and an opportunity to explain herself. If no suitable explanation is forthcoming,

she should be dismissed.

A lawsuit is likely.
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References

Board of Regents of State Colleges v. Roth 408 U.S. 564 (1972). Retrieved February 9, 2017

from Justia.com website: https://supreme.justia.com/cases/federal/us/408/564/case.html

Cleveland Board of Education v. Loudermill 470 U.S. 532 (1985). Retrieved February 9, 2017

from Justia.com website: https://supreme.justia.com/cases/federal/us/470/532/case.html

Joiner v. Wal-Mart stores, Inc., 114 F. Supp. 2d 400 (W.D.N.C. 2000). Retrieved February 9,

2017 from Justia.com website:

http://law.justia.com/cases/federal/district-courts/FSupp2/114/400/2343541/

Loeffelman v. Board of Education 134 S.W.3d 637 (2004). Retrieved February 9, 2017 from

Justia.com website:

http://law.justia.com/cases/missouri/court-of-appeals/2004/ed83337-2.html