1. Gerri Spinella Ed.D. Elizabeth McDonald Ed.D.
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.
This multimedia product and its contents are protected under copyright law. The following are prohibited by law:
any public performance or display, including transmission of any image over a network;
preparation of any derivative work, including the extraction, in whole or in part, of my images;
any rental, lease, or lending of the program.
Copyright © Allyn & Bacon 2007

2. Key Concepts How Free Is My Personal Life?
“Immoral” and “Unprofessional” Conduct
Criminal Conduct
Lifestyle
Age, Citizenship, and Disability
Created by the National Child Abuse Prevention and Treatment Act
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

3. How Free Is My Personal Life?
Chapter 13
How Free Is My Personal Life?
Essential Question
How do a teachers’ personal lives affect their ability to teach?
Copyright © Allyn & Bacon 2007

4. Unprofessional conduct (276)
KEY TERMS- Chapter 13
Immoral Conduct (276)
Unprofessional conduct (276)
Nexus ( )
ADEA ( )
Prime Facia Case (297)
Immoral conduct includes laziness, gluttony, selfishness and cowardice
Unprofessional conduct – signing controversial petitions, opposing majority opinions, and drinking alcoholic beverages
Nexus – connection between the conduct and teacher’s effectiveness
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

5. How Free Is My Personal Life?
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)
Quote: T. Minehan, The Teacher Goes Job-Hunting, 124 The Nation 606 (1927).
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

6. Morrison v. State Board of Education
Case Presentation
Morrison v. State Board of Education
276 p.
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

7. “Immoral” and “Unprofessional” Conduct
Morrison Case
Marc Morrison brief homosexual relationship with another teacher; disclosed the board; revoked teaching credentials
1969
Board stated that you need to define the terms of immoral and unprofessional and that you prove that there is a nexus or connection between the conduct and teacher’s effectiveness.
NEXUS
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

8. 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)
Alford v. Ingram, 931 F.Supp.768 (M.D. Ala. 1996)
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

9. Statutory Ways to Limit Ambiguity
State laws can define and limit the concept of “Immorality.”
Discrimination against homosexuals has been ruled as discrimination in several federal courts.
Teachers may be dismissed if their homosexual behavior is criminal and public.
McNeill Florida was terminated for immoral conduct following his arrest for touching an undercover officer in a sexually suggestive manner *267; however, he was reinstated when past and present students, parents and coworkers praised his performance as a teacher
Sarac (California) =pleaded guilty to a criminal charge arising from public homosexual advances---lewd conduct in the restroom; he was dismissed; however another CA court reinstated a teacher for lewd conduct in a restroom because it was isolated and no criminal charges were filed
Gaylord 1977 admitted to his vice principal that he was homosexual. He was dismissed ; the judge noted that at least one student plus several administrators, parents, teachers publicly objected to Gaylord remaining on the teaching staff….his continued presence would create problems
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

10. Gaylord v. Tacoma School District
Case Presentation
Gaylord v. Tacoma School District
279 pg. as in citation #17
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

11. 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.
Advocating legalization – violates the First Amendment
The question ARE Students Likely to emulate a teacher’s immoral conduct” little agreement with the courts. One would assess the situation based upon two conditions:
teacher’s conduct must be sufficiently notorious that the students know or are likely to learn about it
The teacher must continue to model his past conduct
Ronald Youngman (20 year veteran) approached a troubled, teary-eyed 14 year old male student, hugged him, rubbed his back and kissed him on the nest…..court ruled that although the student’s interpreted this to be an offensive sexual advance, the state court stated that his actions were predicated only on care and concern for the student’s apparent distress(272)
Annabel Stoddard, a competent, divorcee teacher….contract was not renewed in Wyoming because of a rumor of an affair…courts ruled against this
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

12. 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
Conduct included: sexual activity with student, with a student that occurred years before (12-16 years earlier)
-Thomas Conward- discharged for “unbecoming conduct” after he handed a female student a document entitled “Application for a Piece of Ass”; another used pornographic material
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

13. 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
School does not have to warn teachers for a serious misconduct or violation of professional ethics.
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

14. 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.
State legislation has established minimum acceptable moral standards for the state as a whole. (288) differs from state to state
Ex Missouri-teacher resigned after being arrested for indecent exposure. After the district learned about his conviction, he was fired. . . Courts upheld this because it was within a recent time frame, it was unsuitable to serve as a teacher
Courts have been more sympathetic to teachers whose excessive drinking is not linked directly to the classroom
(281) Todd Hainline’s teacher certificate was suspended because he committed a burglary. He discussed that this had nothing to do with his teacher; however, courts ruled that this was conduct unbecoming to a teacher and just cause for discharge.
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

15. 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
Copyright © Allyn & Bacon 2007

16. 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.
David Bogart-possessed marijuana because of drugs his son kept in his room; admitted that he considered taking the blame for himself rather than his son.
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

17. 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.
(295) Pregnancy and Divorce
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

18. 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.
Copyright © Allyn & Bacon 2007

19. 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.
1997 John Schwartz – Kansas teacher who retired after a pretermination hearing; students had been complaining about his inappropriate sexual comments; John alleged age discrimination and claimed he was forced to retire to protect his health insurance; Court ruled that he failed to prove that it was age discrimination (288)
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

20. 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).
Obesity case (268) Elizabeth Blodett weight being issued for being pe teacher…..court overruled.
Certification
residency (290)
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

21. Kimel v. Florida Board of Regents
Case Analysis
Kimel v. Florida Board of Regents
Pg. 297
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

22. Case Study Initial Proceedings Complaint Defendant
Answers (30 days) or motion to dismiss
Facts of claim by plaintiff seeks
Complaint
Interrogatories
Depositions
Document Requests
Case Study
Discovery Begins
Settlement Conference
Step by Step
In The
Court System
OUTCOME
EDUCATIONAL IMPLICATION
Copyright © Allyn & Bacon 2007

23. How Free Is My Personal Life?
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?”
Copyright © Allyn & Bacon 2007