Artifact 2
Monica Chavez
Ms. Herington
Abstract
Teachers have to be cautious what they say, do, or act because of what can get them dismissed.
One teacher could face dismissal based off of a statement that she lashed out and said. There are
two sides, one regarding if the teacher should remain at the school and one for dismissal of the
teacher.
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Artifact 2
Judges hear various types of cases throughout their career. However, hearing a case
where a tenured teacher states a racial comment to her administrators during a heated argument
and then the teacher tries to go against dismissal, is a difficult case. There are two sides that the
judge must take into encounter. One side being for the teacher, because of their freedom of
speech in the First Amendment and the Due Process Clause of the Fourteenth Amendment
supporting the teacher. The teacher has a contract and case to backing her up during the hearing.
Their tenure contract and Givhan v Western Line Consolidated School District back up the
teacher. Yet, the judge must also consider the Equal Protection Cause also listed in the
Fourteenth Amendment and cases such as Pickering v. Board of Education, and Garcetti v.
Ceballos as to why the teacher should be dismissed. Deciding if the teacher is going to be
After three years a teacher is considered a tenure teacher. (Tenure, n.d.). Once a teacher
becomes tenured they ensure teachers that employment will be terminated and due process
will be provided. (McCarthy, 2009, p. 211) Due process signifies that if anything happens to the
teacher and the school tries to dismiss them, a hearing is mandatory for the teacher. In this case
the tenured teacher has the power of being tenured to support her in the case. As Tenure, n.d.
states teachers who dont murder someone or molest a child or stop showing up for work are
assured of being able to continue in their job for as long as they want and have a secure job.
Since the teacher did none of these acts, she is protected and can keep her job. All she did was
make a statement, there was nothing relating to why she should be dismissed. Administration
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cannot dismiss her because she still is required a hearing, in the hearing she can conclude how
she is tenured and safe. She spoke her mind which refers to her First Amendment. This
amendment expresses the ability of free speech, press, assembly, religion (McCarthy, 2009,
p. 7) which is granted for her as a person. Dismissal cannot occur if she is embracing how she
For the teachers hearing, she can include the Givhan v. Western Line Consolidated
School District 1979 case. Similar to the teacher going to the hearing, Givhan too was accused of
insulting, hostile, loud, arrogant, racial discriminatory (Givhan v. Western Line Consol.
School Distr, (1979), n.d.) which is a perfect fit for the current case. This case was dismissed and
the teacher intervened in a desegregation action against respondent School District, that her
Fourteenth Amendments were infringed. (Givhan v. Western Line Concol. School Distr.
(1979), n.d.) The Fourteenth Amendments explains two clauses: Equal Protection Clause and
Due Process Clause. As tenure supported the due process, the case with Givhan was for the
Equal Protection Clause. Givhan deserves the right of liberty which the school was trying to take
from her. Her liberty and speech are secured, because the teacher expressed her views. Exactly
as Givhan did, the teacher too can say how the school is trying to take the Equal Protection
Clause that the Fourteenth Amendment includes and how they cannot do that to her.
Although the teacher has valid points and a strong case to why she should not be
dismissed, there is also two cases as to why she should be dismissed. One case being the Garcetti
v. Ceballos case where Ceballos was dismissed because his speech was not protected because
it related to his employment duties. (Garcetti v. Ceballos, 2005) Whenever a public employee
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says something to their official duties and are not speaking as a citizen for First Amendment
purposes... the Constitution does not occur from employer discipline. (Garcetti v. Ceballos,
2005) As this teacher stated, that she hated all black folks she was talking during her duty
hours which takes the protection of her First Amendment and makes the amendment not valid
during that time. She stated this comment inside an office like Ceballos did and not publicly
Another case against this teacher, is the Pickering v. Board of Education case. During this
case Pickering sent a letter to the local newspaper regarding the school boards fiscal policies
funding education and other programs which resulted in his dismissal. In the letter Pickering
wrote false statements damaging the reputations of school board members and district
harmony with coworkers. Sherry, H. (2016) Lecture 2: Nevada Law [PowerPoint Slide, 14]
Obviously the racial statement of the teacher effected the relationship of the teacher towards
administrators as well as other colleagues. Her statement caused negative reactions for everyone
offended by her words. Since the expression jeopardizes the harmony, she should be dismissed.
Since her speech there is a chance of tension, awkwardness or people could feel uncomfortable at
work. This is not acceptable for a school environment, so the school would be best to dismiss the
teacher. Along with this case, the Fourteenth Amendment comes into play with the Equal
Protection Clause. Administration wants to dismiss the teacher because her statement could
mean that she is treating students unfairly. As Brown v. Board of Education was for students
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being treated fairly and equally, the teacher is in a case identical to that one which is why
Based off of the cases, amendments, and contracts I would not dismiss the teacher. She
used her First Amendment to express her speech. Since the teacher is tenured she has protection
and was not involved in a violent or sexual act, and she continued showing up for work. Her
tenure contract protects her and assures her a job as long as she never committed those crimes
which she did not. Along with her amendments and tenure contract, there was no proof that she
treated students unfairly. Yes, she did state that comment which she should not have done in the
office, but for them to assume she did not treat students fairly based on what color they are is not
right. If administration was worried of unfairness, they should go into the classrooms, keep an
eye on her, or watch how she is with the students to get evidence. They cannot have her
References
Cambron-McCabe, N. H., McCarthy, M. M., Thomas, S. B., & McCarthy, M. M. (2009). Legal
https://www.law.cornell.edu/supct/html/04-473.ZS.html
GIVHAN v. WESTERN LINE CONSOL. SCHOOL DIST. (1979). (n.d.). Retrieved April 14,
http://www.aft.org/ae/summer2015/kahlenberg
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