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EDU 210 PORFOLIO ARTIFACT #2 1

EDU Portfolio Artifact #2

Teachers Rights and Responsibilities

Xavier C. Perry

College of Southern Nevada


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It was recommended by a high school principle, Freddie Watts that a tenured teacher, Ann

Griffin be ejected from her position based on concerns regarding Griffin’s ability to objectively

treat all students equally and her capabilities as an educator. Watts arrived at this endorsement

after, during a discussion involving Griffin who is Caucasian, the assistant principle, Jimmy

Brothers, who is African American and Watts who is also African American, Griffin exclaimed,

“I hate all black folks”. The school’s ethnic makeup is primary African American. Eventually,

her statement began to reach the ear of other colleagues, both Caucasian and African American,

wherein the response was congruently negative.

In the court case Galland vs Governing Board of the Los Angeles School District (Case #

B258018) a tenured teacher, Gabriel Galland was dismissed from his position in the Los Angeles

School District for violating the First Amendment as it applies to public employees, failing to

uphold the guidelines set forth within the Tenure Act and Promoting Hate Crime. Galland

violated the First Amendment for public employees when he told his class that another teacher

was, “a mija” who “should be selling tamales”. In his choice of verbiage he is racially attacking

another teacher. This also violates the Teacher Tenure Act wherein it references “Immorality”.

Additionally, Galland was cited calling a student “shit” because he was African American and

making noise like a monkey. The Los Angeles School district claimed a timeline of violations to

First Amendment for Public Employees, Teacher Tenure Act and The California Constitution

Article 1, Section 28. This case is almost a mirror example of the Case of Ann Griffin. When

Ann Griffin, said “I hate all black folks” she violated many of the same laws, acts and guidelines

as the Galland case. In just that one statement she perpetuated immorality and exasperated her

clear neglect for her duties as an educator, violating the parameters of the Teacher Tenure Act.
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Like Galland, she also violated the First Amendment as it applies to Public Employees, by

introducing such hate speech into the work environment.

An additional case resembling Ann Griffin’s is the court case Lincoln Brown vs Chicago Board

of Education wherein a sixth grade teacher observed students passing notes in the classroom.

Brown retrieved the note, realizing it included music lyrics of a song that included racial slurs.

He then began an open discussion in his classroom with regards to the racially motivate verbiage.

At the time his classroom was being observed by the principle who immediately suspended

Brown for violating the school boards policy against the use of verbally abusive language.

Brown, like Griffin also broke the First Amendment as it pertains to public employees by

allowing hate speech in his classroom. Griffin displayed the same example of hate speech when

she negatively stated her opinion of a group of individuals based on their color. In doing so she

perpetuated an example of why teachers are held to a higher standard and stricken with

heightened policies and guidelines, all to ensure the safety of the students. In both Galland vs

Governing Board of the Los Angeles School District and Brown vs Chicago Board of Education,

the framework is congruent with the Ann Griffin case leading court officials to conclude in favor

of upholding the removal and suspension of these teachers regardless of whether or not they had

tenure.

Although, the case of high school AP Social Studies teacher, Lynne Pierce never saw a court

room, its content has relevance and similarities to the Ann Griffin case. Lynne Pierce used

racially motivated verbiage in her classroom. Originally the educator was according to the
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guidelines of protocol, placed on administrative leave for ten days for her remarks, but following

an investigation, was later reinstated. It was in fact acknowledged by the Newport School Board

that she used the racially motivated terminology, but refused to comment on whether there had

been any further disciplinary action. Per the guidelines, it wasn’t found that this type of language

in the educational environment was inappropriate nor immoral. When asked if she would do it

again, Pierce was quoted saying, “Maybe. I don’t know. Maybe”. Additionally adding to her

response, “It was a valid lesson”. The School Board found no reason to fire this teacher. Initially

spokeswoman for the Newport School District, Michelle Price, declined to comment. Several

days later she is quoted in an interview saying that, “teachers are human and human beings make

mistakes and are capable of learning from them”. It goes to reason that Ann Griffin, also made a

mistake and given her tenure status, she has been an educator for some time and obviously made

a mistake during a heated conversation.

A final case, never reaching the judiciary process would include the case of a Caucasian high

school teacher at Ardmore High School, whom had an argument with a group of African

American students wherein he was initially suspended pending an investigation. The school

admitted that the teacher used the “N” word numerous times while attempting to get the teens to

abolish using the word. While students claimed that he continued to repeat the word, the findings

of the school district was that nothing was done wrong. After two days of investigations, the

school board announced that they saw no reason to discipline the educator and that he was due to

return to the classroom the following day. Although, Ann Griffin wasn’t in an argument with

students, she was in a similar situation. She was in a heated discussion with members of
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administration when she also used racially driven language. Much like the Lynne Pierce, both

cases recognized that teachers are human. Setting examples that not all cases require the

measures of termination.

Finally, after much research and all school board and court case information, it’s my belief that

Freddie Watts, (principle of a high school) made the correct recommendation with regards to

having teacher, Ann Griffin dismissed from her position for stating, “I hate black folks” during a

heated discussion with himself and another administrator. Teachers, of this character, must be

removed from their positions as they undermine the very foundation that teacher’s thrive to build

upon. In the cases, Galland vs Governing Board of the Los Angeles School District and Lincoln

Brown vs Chicago Board of Education, we see both school districts and judges holding teachers

to the standards for which they are supposed to take oath to and honor. They are holding them

accountable for the First Amendment as it applies to public employees, Laws governing Hate

Speech, Teacher Tenure Act, not limited to the actions of immorality and neglect of duty. It’s my

belief that the courts will find Ann Griffin a tenured educator, negligent in her duties, lacking

immorality leading to her lack of competency to equally educate all students. Additionally,

finding that she has violated the speech amendment as it pertains to being a teacher. I find, that

the courts will in fact uphold to terminating Ann Griffin based on her inability to secure a safe,

ethical and moral environment from which students can learn.


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References

Julie Underwood & L Dean Webb. (2006). School Law For Teachers. Concepts and

Applications. 26-62

http://www.dailypress.com/news/education/dp-nws-teacher-returning-20150928-story.html

https://en.wikipedia.org/wiki/Hate_speech

http://www.dailypress.com/news/education/dp-nws-teacher-returning-20150928-story.html

http://www.kxii.com/home/headlines/2838636.html

http://www.courts.ca.gov/opinions/nonpub/B258018.PDF

https://www.thefire.org/in-court/state-of-the-law-speech-codes/

http://sogpubs.unc.edu/electronicversions/pdfs/leps19.pdf

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