Teachers rights and Responsibilities 1

Artifact #2: Teachers Rights and Responsibilities

Teachers rights and Responsibilities

Yaeeun Park

04/15/2016
 Teachers rights and Responsibilities 2

Teachers rights and Responsibilities

Ann Griggin who is a white tenured teacher said that she hated all black folks

during the heated conversation with two administrators, Freddie watts, principal, and Jimmy

Brothers, assistant principal that are the African-American. After this statement spread among to

other colleagues, it impacted the both black and white. And the principal recommended dismissal

to her because due to her statement, her ability to treat students fairly seems to be not qualified

and also her competency as a teacher.

Plaintiffs Argument (Principal and assistant principal) - Dismissal for Ann Griffin is

reasonable. According to text, dismissal refers to the termination for cause of any tenured teacher

or of a probationary teacher within the contract period.

- Cambron-McCabe, Nelda H.; McCarthy, Martha M.; Eckes, Suzanne E. (2013-06-19). Legal

Rights of Teachers and Students (The Allyn & Bacon Educational Leadership) (Page 286).

Pearson Education. Kindle Edition. Reasons for Teacher Dismissal are the Incompetency,

Leglect of duty, Insubordination, Conduct Unbecoming a Teacher, Immorality, Other good& Just

cause and reduction in force. However she already have more then one reasons to be dismissal.

First, incompetency, like it mention before in the scenario, she is not qualified to treat students

fairly. An example case that can support this can be the Brown v. Board of Education of Topeka

in 1954. In this case is sere as a momentum to defend the black right. This states that it is an

illegal to separate black and white students.Second, Immorality, racist is a serious issue over

past, present, and future and her statement against this.

Another thing that Ann Griffin was against is the Title VII of civil rights Act. According

to the text, [n]o person in the United States shall, on the ground of race, color, or national

origin, be excluded from participation in, be denied the benefits of, or be subjected to
 Teachers rights and Responsibilities 3

discrimination under any program or activity receiving [f]ederal financial assistance from the

Department of Education.-

Cambron-McCabe, Nelda H.; McCarthy, Martha M.; Eckes, Suzanne E. (2013-06-19). Legal

Rights of Teachers and Students (The Allyn & Bacon Educational Leadership) (Page 131).

Pearson Education. Kindle Edition. Equality before the law however, her statement definitely

not considers the equality of race. Also her position was tenured teacher. And that means, every

statements that she brings out, it brings big impact and influence to the school.

Defendants argument (Tenured teacher, Ann Griffin) Ann Griffin is a tenured teacher.

That means school board cannot unilaterally abrogate teachers contracts. Teacher must be

provided procedural protections consisting of notice of the dismissal charges and a hearing. In

the scenario, nothing was mention on her side other then her statement hated all black folks.

Since she is qualified as a tenured teacher and that to have that position, teaching ability and

research result has to be qualified for 5-7 years. Therefore, her argument is sufficient condition to

be heard.

Dismissal is too severe punishment to her because she work hard to become a tenured

teacher and her statement to the black administrators was a statement of opportunity. It is unfair

to judge only with her this statement so it is necessary to hear about her reputation at school

usually. The Procedural due process is necessary. According to text, Procedural due process

ensures fundamental fairness if the government threatens an individuals life, liberty, or property

interests. Minimum procedures

required by the U.S. Constitution are a notice of the charges, an opportunity to refute the

charges, and a hearing that is conducted fairly.

 Teachers rights and Responsibilities 4

Cambron-McCabe, Nelda H.; McCarthy, Martha M.; Eckes, Suzanne E. (2013-06-19). Legal

Rights of Teachers and Students (The Allyn & Bacon Educational Leadership) (Page 8). Pearson

Education. Kindle Edition.

 Teachers rights and Responsibilities 5

To conclude this scenario Analyzing Public Educators Expression Right. According to

Analyzing Public Educators Expression Rights, the expression not made pursuant to official job

duties. However the expression relate to a matter of public concern considering its content,

context and form (discrimination). Even if the expression is a substantial or motivating reason

for the adverse employment consequences, there are other legitimate grounds for the decision.

Then, the constitutional inquiry ends, and the employee can be disciplined. The tenure is to

guarantee the retirement and free to speech from outside pressure or threat of dismissal.

However, according to her statement, essence of tenure can be unclear. It is the abuse of privilege

to being a tenured teacher. References

CambronMcCabe,NeldaH.;McCarthy,MarthaM.;Eckes,SuzanneE.(20130619).Legal
RightsofTeachersandStudents(TheAllyn&BaconEducationalLeadership)(Page286).
PearsonEducation.KindleEdition

CambronMcCabe,NeldaH.;McCarthy,MarthaM.;Eckes,SuzanneE.(20130619).Legal
RightsofTeachersandStudents(TheAllyn&BaconEducationalLeadership)(Page131)

CambronMcCabe,NeldaH.;McCarthy,MarthaM.;Eckes,SuzanneE.(20130619).Legal
RightsofTeachersandStudents(TheAllyn&BaconEducationalLeadership)(Page8).
PearsonEducation.KindleEdition.