Teacher lifestyle choices and out-of-school conduct
Teacher lifestyle choices and out-of-school conductHow well do
you know the law?
Created by: Tawanda Coston-SmallwoodActivator
RationaleObjectivesTeachers will be able to apply the legal
standard to real-life situations that occur in the U.S. public
schools in examining discipline based on lifestyle choices.Teachers
will be able to identify equal-protection and privacy arguments in
lifestyle choices.Teachers will be able to discuss trends in
lifestyle choices.The lawReasons for DismissalImmoralityUnfitness
to teachUnprofessional conductIncompetenceInsubordination
The lawCourts generally consider the following when making
employment decisions regarding teacher lifestyles:The notoriety of
the conductThe impact the conduct has on the individuals teaching
abilitiesCourts usually require a nexus between the teachers
conduct and impaired teaching effectiveness in order for the
teachers dismissal to be justifiable. The lawProtection for the
TeacherThe Equal Protection Clause provides for the equal
protection lawsThe Due Process Clause requires that no person be
deprived of life, liberty or property without due process of the
lawCourt casesPonton v. Newport News School Board, 1986offering a
single teacher parental leave without a guarantee of her position
upon return violates the teachers constitutional and statutory
rightsThe lawSherburne v. School Board, 1984A Florida court
overturned a school boards termination of a teacher for lacking
good moral character based on a personal romantic relationship.In
this case, the school district questioned her choice as an
unmarried woman to spend the night with an unmarried man.Court
casesBarringer v. Caldwell County Board of Education, 1996A teacher
who brought a loaded shotgun and a loaded pistol to a local
poolroom was dismissed for immorality.Court casesIn re Freeman,
1993A teacher was dismissed for possessing marijuana and for
smoking it in his home.North Carolina law permits a tenured teacher
to be dismissed for nonmedical use of a controlled substance.The
school board upheld his dismissal even though he was never
criminally charged by the police.Court casesSkripchuk v. Austin,
1977An outstanding industrial arts teacher was dismissed after he
was convicted of aggravated assault with a gun.Court casesIn re
Shelton, 1987A Minnesota teacher was dismissed for unprofessional
conduct after being convicted for theft from a company he ran with
two other teachers.Court casesMurray v. Oceanside Unified School
District, 2000Fellow teachers and administrators subjected an
award-winning high school biology teacher to years of harassment
and allegedly passed her over for promotion because of her
lifestyle choice.The California Court of Appeals found that a state
labor law protected the teacher from harassment and discrimination
based on her sexual orientation.Court casesGlover v. Williamsburg
Local School District, 1998An Ohio federal court awarded a teacher
reinstatement, back pay, and damages when it found that his
contract was not renewed because of his sexual orientation and not
because of his teaching deficiencies.
applicationIn your groups, read the following scenarios and
decide whether it would be permissible to discipline the teacher
based on his or her lifestyle choices or out-of-school conduct.Also
consider whether there has been an equal-protection or privacy
violation.Scenario #1An elementary school teacher was dismissed for
immorality because he had a consensual sexual relationship with a
seventeen-year-old high school student. He taught this student when
she was at the elementary school. The teacher argued that the
student no longer attended the elementary school, that his conduct
was not criminal, and that the relationship had not affected his
professional duties. Was the school boards action permissible?
Outcome #1The State Supreme Court in Delaware ruled that the
teacher was unfit to teach. The court found that the evidence
demonstrated a sufficient nexus between the undisputed sexual
relationship and his fitness to teach. The court found that the
public disclosure of the relationship had a detrimental impact on
the school.
Scenario #2An art teacher painted different pictures using his
buttocks. He posted a video of himself painting this way on
YouTube. Although the teacher wore a disguise on the video, the
school district still learned of this video and attempted to
dismiss him. Could school officials discipline this teacher?
Outcome #2This teacher could be disciplined if his conduct
became notorious in the community and if it had a negative impact
on his teaching effectiveness.
assessmentUsing what you have learned about the law regarding
teacher lifestyle choices and out-of-school conduct, answer the
following questions.questionsCan teachers be dismissed because of
rumors of immoral conduct?Could a teacher be disciplined for
encouraging a student to lie?questionsCould a teacher be dismissed
for having a sexual relationship with a former student who has
recently graduated?May a school official punish a teacher for a
posting or picture of herself smoking and drinking a beer on
Facebook?
ignorance of the law is no excuse!Remember:
