Running head: Artifact #2

Artifact #2: Teachers’ Rights and Responsibilities

Rosario Hernandez

Sherry Herington
Artifact #22

Abstract

Throughout the history of teachers, students, and education laws have had a great impact in how

our education system is today. Even laws that are not hand-in-hand with education still apply to

teachers since they are public employees. In a hypothetical scenario, Freddie Watts, principle,

and Jimmy Brothers, assistant principal are both African-American assigned to a predominantly

black high school are offended by Ann Griffin, a white tenured teacher. There are several

outcomes that could happen just reading in between the lines and applying the laws that we

follow today.
Artifact #23

In a predominantly black high school, Freddie Watts, principle, and Jimmy Brothers,

assistant principal get in an argument with Ann Griffin, a white tenured teacher. During the

argument Ms. Griffin states she “hated all black folks.” Shortly after the word spread around of

what Ms. Griffin had said and Mr. Watts suggested her dismissal from the school based on

concerns of her treating students fairly and questioned her competency as a teacher. Considering

the laws that have been implemented on teachers and the court cases that have occurred in the

past there are several different outcomes. Both ruling for, and against Ms. Griffin.

In the Pickering vs Board of Education court case of 1968, Marvin Pickering was

terminated for writing a letter to a local newspaper about current school funding. This later

resulted in a Balancing test, which stated teachers could be terminated if the expression:

Jeopardized his/her relationship with immediate supervisor or harmony with co-workers,

interfered with teaching effectiveness, impeded school operation (court reasoned no negative

effect in any area). Considering this, Ms. Griffin should have been rightfully terminated because

her statement would lead to the relationship with her principles falling apart due to racial

conflicts. In addition, the relationship with her colleagues would also be affected with the

statement. In the long run, the statement could have even interfered with school operation

causing a lack of communication with all those present in the school.

Another supporting court case would be Waters vs Churchill of 1994, which was not

necessarily an education case yet it is applicable to the situation. A Nurse was fired because of

something she had mentioned to a co-worker regarding the hospital operation of her employer.

The Supreme Court ruled for the dismissal of Ms. Waters, and established that an employer

could dismiss an employee if they believed that something had been said. Evidently, Watts and
Artifact #24

Brothers did not have physical evidence to prove against Ms. Griffin but they know she said

what she said, and the way that it spread throughout the school was the cause of her termination

of employment.

On the other hand, Given vs Western Line Consolidated School District of 1974 states

that as long as a statement made refers to matters of public concerns the individual is protected

with his/her rights of the 1​st​ Amendment, freedom of speech. Although the statement was made

in the school that was still not a factor of how to prosecute the happening, Ms. Griffin said that

she “hated all black folks,” she did not single handedly point out anyone in the school or even

address either of her principles. Watts, Brothers, and the rest of the staff just assumed that she

was addressing them since she was a white teacher in the predominantly black school. During the

time and considering the location of the school there were more than likely several more

African-Americans to her surroundings and she was referring to them as a whole.

Lastly, in Mt. Healthy City School District vs Doyle, the school district tried to dismiss a

teacher for making a call to a radio show to make a comment of teacher grooming. The Supreme

Court ruled that a teacher could not be dismissed if that was the main reason for it, that being

said there had to be other reasons that could back up the fact that the teacher was being

dismissed. In other words, that the teacher would have been dismissed even if he had not made

the call to the radio show. This being said, Ms. Griffin was a tenured teacher, therefore, she had

already passed her probationary teaching period and that means she was a qualified teacher. It

appears that there were no other indications that she should have been dismissed from her

position. The rest of the reasons why Watts wanted to dismiss her were only concerns and no

other evidence that indicated she was unable to perform her job duties.
Artifact #25

In my opinion, Ms. Griffin should have been dismissed from the school based on the

Pickering vs Board of Education case. Her statement would definitely jeopardize her relationship

with her colleagues and principles. In the long run, the fact that she mentioned races in her

argument could have gone one way or the other, meaning that it could blow over or just

continuously get worse among everyone in the school. Even though they may have been in an

argument Ms. Griffin did not place herself in a good position to mention her hatred towards

African-Americans. Also, it would later reach the students, and that would have definitely

bothered them and affected their way of seeing her as a teacher and would have been difficult to

do her job effectually.

Artifact #26

References

Underwood, J., & Webb, L. D. (2006). School law for teachers: concepts and

applications. Upper Saddle River, NJ: Pearson/Merrill Prentice Hall.