Presentation is loading. Please wait.

Presentation is loading. Please wait.

1 Teachers and The Law 7 th Chapter 13 How Free Is My Personal Life? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth.

Similar presentations


Presentation on theme: "1 Teachers and The Law 7 th Chapter 13 How Free Is My Personal Life? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth."— Presentation transcript:

1 1 Teachers and The Law 7 th 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.

2 Copyright © Allyn & Bacon 2007 Key Concepts How Free Is My Personal Life? “Immoral” and “Unprofessional” Conduct Criminal Conduct Lifestyle Age, Citizenship, and Disability

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

4 Copyright © Allyn & Bacon 2007 KEY TERMS- Chapter 13 KEY TERMS- Chapter 13 Immoral Conduct (276) Unprofessional conduct (276) Nexus ( ) ADEA ( ) Prime Facia Case (297)

5 Copyright © Allyn & Bacon 2007 How Free Is My Personal Life? KEY CONCEPT- Chapter 13 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)

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

7 Copyright © Allyn & Bacon 2007 NEXUS “Immoral” and “Unprofessional” Conduct

8 Copyright © Allyn & Bacon 2007 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)

9 Copyright © Allyn & Bacon 2007 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.

10 Copyright © Allyn & Bacon 2007 Case Presentation Gaylord v. Tacoma School District

11 Copyright © Allyn & Bacon 2007 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.

12 Copyright © Allyn & Bacon 2007 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

13 Copyright © Allyn & Bacon 2007 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

14 Copyright © Allyn & Bacon 2007 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. Criminal Conduct

15 Copyright © Allyn & Bacon 2007 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

16 Copyright © Allyn & Bacon 2007 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.

17 Copyright © Allyn & Bacon 2007 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. Lifestyle

18 Copyright © Allyn & Bacon 2007 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. Age, Citizenship, and Disability

19 Copyright © Allyn & Bacon 2007 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.

20 Copyright © Allyn & Bacon 2007 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).

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

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

23 Copyright © Allyn & Bacon 2007 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?”


Download ppt "1 Teachers and The Law 7 th Chapter 13 How Free Is My Personal Life? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth."

Similar presentations


Ads by Google