PORTFOLIO ARTIFACT #2 1

Jaqueline Arguelles-Perez

College of Southern Nevada, EDU 210

Dr. Dale B. Warby

February 04, 2019

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Freddie Watts, the principal, and Jimmy Brothers, assistant principal, are African-

American administrators assigned to administer a predominantly black high school. Ann Griffin,

a white tenured teacher, during a heated conversation with the two administrators, stated that

she “hated all black folks.” When word leaked on her statement, it caused negative reactions

among colleagues both black and white. The principal recommended dismissal based on

concerns regarding her ability to treat students fairly and her judgment and competency as a

teacher.

After assessing the case in a precise manner, come to find that there are many possible

ways the case could go. The teacher could either lose her position or keep her position due to

many factors that could affect the end verdict. When first reading the case scenario I thought

how could she say such hateful statement against the racial group that she works with most of the

time. Then the thought of how the word leaked came to mind. The person who leaked her

statement must’ve been offended by her statement. The last thing I thought was how could the

principal recommend dismissing her for “competency as a teacher.”

Ann Griffin’s situation in the case where she stated that she “hated all black folks” I see

that her statement towards a racial group was unnecessary and could have caused the others to

feel discriminated, but her being a tenured teacher means she cannot be fired without due

process. It also does not mean that her competency as a teacher changes since her statement was

discriminatory. The teacher’s ability does not change despite her opinions. Milkovich v. Lorain

Journal Co., 497 U.S. 1 (1990) is a case that could be related to this case because it is to be an
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opinion. An opinion is said to be secure under the First Amendment as long is it does not cause a

significant situation. A significant situation being causing a fight between groups of people or

riot of some sort. As long as her opinion does not affect the way she teaches she as a tenured

teacher should be able to keep her position.

(1) Another case that relates to Ann Griffin would be the Cleveland Board of Education

v. Loudermill, 470 U.S. 532 (1985). This case involves what process is due under the

constitution, determining what must occur before the tenured teacher may be dismissed. The case

states that a tenured teacher must be given oral or written notice of dismissal, what may be

charged, explanation stating evidence of what has occurred by the employer, and a chance at a

fair and meaningful hearing. In the Ann Griffin case, the due process clause plays a major role

because she is a tenured teacher and cannot be dismissed without the process. Ann as a citizen

has her rights despite being a teacher. She has the right to exercise that right as a citizen.

Now that I’ve stated The first outcome that runs in favor of the defendant there is also the

other argument. Since the teacher is stating her own opinion and she works in a “predominantly

black high school” a part of what the principal is dismissing her for can be thought to be true.

They said her “ability to treat students fairly” is a problem and discrimination is a big factor in

her statement. In the court case Pickering v. Board of Education, 391 U.S. 563 (1968) the court

found that the statements made by Pickering were false therefore ruled in favor of the school

board. The ruling, in this case, could be the same if the statement made by the principal is found

to be true. That the tenured teacher is not treating all her students fairly.

Therefore the ruling could go both ways but I do believe that the ruling could side more

towards the Principal’s side rather than Ann Griffin She may or may not be a very competent

teacher, however, her personal opinion about “black folks” will have a negative and or impartial
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effect on her ability to treat all students fairly. I believe the ruling for the teacher’s dismissal sits

the cause of unprofessional conduct and conduct unbecoming a teacher is the correct one.
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Reference

(1) http://education.findlaw.com/teachers-rights/teachers-rights-tenure-and-

dismissal.html