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Teachers’ Rights and Responsibility

Berenice Perez

EDU 210 Nevada School Law

Both the Principal, Freddie Watts, and the Assistant Principal, Jimmy Brothers are

African-American. They were administrators assigned to administer what would be considered a

mostly black high school. Both principal Watts and the assistant principal Jimmy brothers had an

altercation with Ann Griffin, a white teacher with tenure rights. During that incident, Ann Griffin

stated she “ hated all black folks.” Once word spread among fellow teachers, her statement

received negative reactions from both white and black colleagues. Freddie Watts, as the school

principal, proposed to lay off Ann Griffin because her comment was concerning based on her

ability to treat students without prejudice, her judgment and professionalism as a teacher.

The first court case in favor of Ann Griffin is Perry v Sidermann 1972. The United States

Supreme Courts discuss the effects in education regarding tenure and due process for teachers. In

this case Sidermann was a teacher in many schools and in the state college system of texas. In

1965 he became a professor at Odessa Junior College. He was a great professor and very

successful that he was even appointed as department co chair for a while. Sidermann began being

involved in many public disputes with the board of regents as president of the Texas Junior

college of teacher association. His one year contract had been discontinued so it was no longer

renewed, because of Sidermanns opinion which led to the public disputes the board of regents

filled insubordination. Sidermann was not given a hearing regarding the non renewal of his

contract. The case of Perrt v Sidermann supports Ann Griffin because the court decided that

Sinderman had plenty of facts to show he was entitled to due process so in the case of Ann

Griffin she does have teacher tenure which means she has property right to continue employment

that cant be taken away without due process. In both the case of Sinderman and Ann Griffin

there first amendment and fourteenth amendment has been violated. The first amendment

regarding her freedom of free speech and in the fourteenth amendment for the due process.
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The second court case backing up Ann Griffin for her dismissal of work space for her

dispute with the principal and assistant principal would be melzer v Board of education. Peter

melzer was a high school teacher in New York. Melzer was dismissed from his teaching position

so he declared that his right to freedom of speech and freedom of association had been violated.

He claimed that his dismissal was due to his connection to the membership he had in the north

american man/boy love association. The court said the melzers connection and interaction with

the group was possibly disruptive to the schools operation. But the connection with the group is

not a negative shield against employment actions. This court case supports Ann griffin because

Melzar's freedom to associate with the NAMBLA was protected under the first amendment so

griffins comment is also protected from the first amendment. The board did say Melzar's

interaction with the NAMBLA was a distraction until the group came out to the public. Ann

griffin is a teacher with tenure which means she has been a teacher for a while so one comment

made does not determine if she will be a disruption to the school.

The first case to argue that the principal is in the right to dismiss the teacher for

her comments is the case of Falcon School District 49. In 2008 the department to justice

investigated on the Colorado Springs school because of the various complaints of not taking

proper action on incidents regarding racial harassment and discrimination. On January 25, 2010

they came up with a settlement agreement to take action on the concerns that the United States

had. That agreement was revised in October 2014 for non compliance parties too so now

incidents of racial harassment will be up to date records, they will analyze those records, have

proper training on teachers and students, and provide appropriate disciplinary responses. With

that being said the principle was following those orders because he felt the teacher was not being

very professional with her comments. And filling that incident is part of the act to stop racial
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harassment. The principle taking action against discrimination in a high school that is

prominently blacks is an appropriate disciplinary act.

Another case that would support the principal for dismissing Ann Griffin is Madison and

United States v. Sullivan county board of education. Madison’s and the United States claimed

that the Sullivan Board of education had violated Title VI of the Civil Rights Act of 1964. Equal

Protection Clause of the Fourteenth Amendment was not followed because they did not address

known student-on-student harassment on the basis of race. Racial slurs and acts were done and

heard from teachers but they didn’t not take action upon it. For the Principal Freddie Watts to

have heard about racial judgement from one of his teachers he took action to report the incident

and file a dismissal. The racial incidents were happening to Michael and Marquita Madison who

were both black. On October 16, 2002, the school system had an expert develop a comprehensive

plan to prevent, identify, and remedy harassment and discrimination. They also provided

educational programs for teachers and the staff so with that being said, a teacher who is supposed

to show professionalism is to be questioned. Principal Freddie Watts has the right to believe Ann

Griffin would treat students unfairly, have a prejudiced mind therefore questioning her

competency as a teacher for a school of mostly black students.

The decision I would make in regards to this case would be in favor of Ann Griffin and

that she has the right to free speech in school even if it’s in a mostly all black students. Principal

Freddie Watts acted unlawful rage and discomfort because he too is black so for him to quickly

assume that her competency as a teacher is facility would be wrong. She has the right to due

process. Since Ann Griffin is a tenured teacher she is still protected under teachers rights.

Principal Freddie Watts can not dismiss Ann Griffin without due process.
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Tenure teachers can be fired for malfeasance, like stealing or sexual harassment, or crimes

outside of school so Ann Griffin did not commit any of those listed.
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References

https://en.m.wikipedia.org/wiki/Perry_v._Sindermann

https://www.law.cornell.edu/supremecourt/text/408/593

https://www.justice.gov/crt/case-summaries

School Law for Teachers: Concepts and applications Julie understood, L Dean Webb