Teachers and The Law
7th
Chapter 13
How Free Is My Personal Life?
Fischer, Schimmel, Stellman
PowerPoint Presentation
Gerri Spinella Ed.D.
Elizabeth McDonald Ed.D.
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1
Key Concepts
How Free Is My Personal Life?
“Immoral” and
“Unprofessional”
Conduct
Lifestyle
Criminal Conduct
Age, Citizenship,
and Disability
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Chapter 13
How Free Is My Personal Life?
Essential Question
How do a teachers’ personal
lives affect their ability to
teach?
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KEY TERMS- Chapter 13
Immoral Conduct (276)
Unprofessional conduct (276)
Nexus (276-277)
ADEA (296-297)
Prime Facia Case (297)
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KEY CONCEPT- Chapter 13
How Free Is My Personal Life?
I promise to abstain from all dancing, immodest dressing and any
other conduct unbecoming a teacher and a lady.
I promise not to go out with any young men except in so far as it
may be necessary to stimulate Sunday school work.
I promise not to fall in love to become engaged or secretly
married.
I promise to sleep at least eight hours a night [and] to eat
carefully. . . in order that I may be better able to render efficient
service to my pupils (Minehan, 1927)
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Case Presentation
Morrison v. State Board of Education
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“Immoral” and
“Unprofessional”
Conduct
NEXUS
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Morrison Case 1996
Guilty of immoral conduct
“. . .concrete meanings in simpler times, this
court has serious doubts as to whether these
terms currently provide fair warning as to the
proscribed conduct. . .there are simply too
many good faith moral debates in our diverse
multicultural society at this time to allow
totally subjective judgments about the
meaning of the term ‘immoral conduct’ to
control the livelihood of our educators.”
(Alford v. Ingram)
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Statutory Ways to Limit Ambiguity
• State laws can
• Discrimination
define and limit the
against homosexuals
concept of
has been ruled as
“Immorality.”
discrimination in
several federal courts.
• Teachers may be
dismissed if their
homosexual behavior
is criminal and public.
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Case Presentation
Gaylord v. Tacoma School District
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Statutory Ways to Limit Ambiguity
Teachers probably cannot be
dismissed
for:
– advocating legalization of
homosexual activities.
– being unwed mothers.
– hugging or kissing a student
(depends on the teacher’s intent,
the circumstances and the
school policy).
– rumors of immoral conduct.
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Courts Rulings
Teachers may be dismissed for:
– Immoral or unprofessional conduct
involving students:
• sexual advances
• sexual activity with student
• may be punished for talking to their
students about sex
• becoming overly involved with a
student (even thought there is no
sexual impropriety in the
relationship)
• using profanity and abusive
language towards students
•
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Other Activities for Teacher Dismissal
Engaging in a sexual activity at a
swinger’s club
Telling a student to lie about his
weight during a wrestling
tournament
Permitting students to engage in
sexual harassment
Allowing students to drink or use
drugs
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Criminal Conduct
• Conviction for a misdemeanor does not usually justify
dismissal.
• Teachers can dismissed
– for excessive drinking.
– if there is no evidence linking their crime and their job
performance.
– if criminal charges against a teacher are dismissed.
– for taking school property of relatively little value.
• Teachers can be suspended on the basis of a criminal
indictment.
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Differing Court Opinions
• Is shoplifting sufficient groups for
dismissal?
• Should conviction for a serious crime
preclude future employment as a teacher?
– Based upon 2 conditions:
• “sufficiently notorious” that students know or are
likely to learn of it
• The teacher must continue to model his past
conduct
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Other Considerations
• Teachers cannot be punished for
considering a crime because the “state is
not allowed to penalize its citizens for their
thoughts. . .”
• Teachers may be dismissed for the use or
possession of illegal drugs.
• Mental illness does not necessarily excuse
a teacher’s criminal behavior.
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Lifestyle
• The Right to Privacy might protect
teachers’ personal lives.
• A teacher can not be prohibited from
breastfeeding her child in school.
• Depending on the circumstances, an
unmarried teacher cannot be dismissed for
living with someone of the opposite sex.
• A teacher may not be fired for using vulgar
or obscene language off campus.
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Age, Citizenship, and
Disability
The Age Discrimination in Employment Act (ADEA)
eliminates mandatory teacher retirement.
Kimel v. Florida Board of Regents
U. S. Supreme Court prohibits individuals from
suing the state under the ADEA; however, the
citizens are still protected by state age
discrimination statues and may recover money
damages from their state employers.
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Three Step Process
1. Proving age discrimination, a teacher must
establish the following:
–
–
–
–
within the protected age group
replaced by a younger worker
discharged
performed their work satisfactorily
2. The school must produce evidence of a non
discriminatory reason for its actions.
3. The teacher must show the school’s reasons
are not true.
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Rights of Teachers
• Teachers may not be
demoted because of
approaching retirement.
• School’s budget problems
does not justify hiring only
younger teachers.
• Teachers may not be fired
because of obesity.
• Teachers may not be
barred from teaching
because of AIDS.
• Teachers can be denied
certification because they
are not citizens.
• Teachers may be
required to reside in their
school district.
• Teachers may not be
denied jobs because they
disabled or have
extensive absences
(unless this impairs
teaching).
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Case Analysis
Kimel v. Florida Board of Regents
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Initial Proceedings
Complaint
Interrogatories
Facts of
claim by
plaintiff
seeks
Depositions
Defendant
Answers
(30 days)
or motion
to dismiss
Document
Requests
Discovery Begins
Settlement Conference
Step by Step
In The
Court System
OUTCOME
EDUCATIONAL IMPLICATION
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Chapter 13
How Free Is My Personal Life?
Reflection
In what ways would administrators
address this premise:
“Most courts recognize that teachers
should not be penalized for their
private behavior unless it has a clear
impact on their effectiveness as
educators?”
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