Running head: DISCRIMINATION IN A CLASSROOM

Discrimination in a Classroom
Sandra Lopez
College of Southern Nevada

Prepared for: Education 210, Professor Herington, Fall 2014

DISCRIMINATION IN A CLASSROOM

Abstract
Anne Griffin a teacher was dismissed from her job for saying
something offensive that isolated a specific race. It is argued and
wondered if through Anne Griffins case due process was used properly
and if she had the right of the first amendment. That which would
determine the result of her case. Comparing and contrasting her case
with that of Mt. Healthy City School District vs. Doyle and Garcetti vs.
Ceballo, I was able to understand the concepts of each case and how
they could relate for her and against her. I have come up with valuable
arguments that determined based on my opinion the conclusion, which
is that Anne Griffin would win this case for various reasons and
evidence that she could provide such as, improper due process and the
lack of evidence from Freddie Watts and Jimmy Brothers giving her the
ultimate win in the case.

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Caucasian tenured teacher Anne Griffin was dismissed because

of an offensive comment that she made which isolated a specific race
while talking to two administrators. Her boss and the school principal
were of the race that Griffin discriminated against as well as the
assistant principal. Through this case it is argued whether or not proper
due process was made or if Freddie Watts, principal and Jimmy
Brothers, assistant principal were in the right to have dismissed Griffin
as soon as informed of her comment. Due process can be seen as the
proper steps taken in order to correctly dismiss an employee from their
job. The Due Process Clause of the Fourteenth Amendment which
prohibits states from depriving citizens of life and liberty or property
without due process of law, also has played an important role in school
litigation (Cambron-McCabe, McCarthy, Thomas, 2004). The First
Amendment comes in handy in this case as well because it establishes
that a citizen has the right to freedom of expression, assembly, religion
and speech and through this information we are able to gather key
pieces that would determine who is in the right and who is in the
wrong.
In 1977, the Supreme court established that even if a teachers
expression is constitutionally protected, school officials are not
prevented from discharging the employee if sufficient cause exists
independent of the protected speech(Cambron-McCabe et al. 2004).
The Mt. Healthy City School District vs. Doyle case basically had their

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school board choose not to renew the contract of one of their teachers
based on a decision the teacher made. The decision made by the
teacher was the teacher calling a radio station, giving his opinion on
the topic of how teachers should look/dress. This teacher also had
other issues with the school that might have had an impact on the
decision to his non-renewed contract. With the case of Mt. Healthy City
School District vs. Doyle it can be argued that Anne Griffin is in the
wrong because she gave her opinion when making the comment to the
administrators that shouldnt have been said and that included
discrimination and hatred. Griffin had no actual reasoning for her
comment and logically she did not stop and think of the consequences
of her action. The worst part about it is that her comment was so
eclectic that it discriminated her students and her boss and like the
case of Mt. Healthy and Doyle the school board could come up with the
decision of not renewing her contract based on her comment.
In the case of Garcetti vs. Ceballos it states, whether the
employee pursuant to job duties is the first consideration, because if
speaking as an employee, there is no further constitutional
assessment (Cambron-McCabe et al. 2004). This case represents that
although someone says something it is the way they say it, whether
they said it as a citizen or as an employed person referring to duties of
their job. This relates to Anne Griffins case because although Griffin
made her comment on school property she was speaking out of the

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classroom. This meaning that she was speaking as a citizen and not as
a teacher. This could argue to her advantage because she can say that
there was no relationship between the comment she made and her
professionalism. Griffin is entitled to her freedom of speech and
expression as the First Amendment states, and because she was
outside of the classroom duties she has the right to feel and say things
as a citizen even though what she said is wrong and could herself be
categorized as a racist person she is entitled to her own feelings and
opinion.
The case could either go in favor of Freddie Watts and Jimmy
Brothers for racial profiling on Griffins part. They can also say that
Anne Griffin is not able to provide equality for co-workers and students
and that as a teacher she does not represent the role model students
need to have in or outside the classroom. However this case could also
go in favor of Anne Griffin for having enough evidence to show that she
was dismissed without proper due process, unjust treatment to the
First Amendment and that referring to the analyzing of Public
Educators Expression Rights she was talking as a citizen and not as an
on duty teacher. Based on all of the things pointed out, I believe that
Anne Griffin has more legal rights in winning this case. Anne Griffin for
one was a tenured teacher. This means that the law gives her
permanent employment, which protects her from getting fired unless
there is enough evidence or a good enough reason to do so. Another

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reason for why she has better evidence to win this case is that Griffin
was not given the right due process that should properly be given to
teachers. There was no written documentation provided to her that
stated a reason for her dismissal. Watts and Brothers did not meet to
discuss her actions with her. Lastly Watts and Brothers could have
suspended Griffin meanwhile they came up with an ultimatum that
would follow laws and that could end up in all rights for them. That is
why I believe that the case would end up in favor of Anne Griffin.

References
CambronMcCabe,N.,McCarthy,M.,&Thomas,S.(2004).LegalFrameworkofPublic
Education.InLegalRightsofTeachersandStudents(Seconded.).PearsonEducation.