Portfolio Artifact #2

Francisca Esquer
EDU 210
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Portfolio Artifact #2

Scenario

Freddie Watts, principal, and Jimmy Brothers, assistant principal, are African American

and administer a predominantly African American school. In a heated conversation between Ann

Griffin, a Caucasian tenured teacher and the two administrators, Ann stated that she hated all

black folks. Word got around about her statement and caused negative reactions among

colleagues both African American and Caucasian. Mr. Watts recommended dismissal based on

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

Summary

Here in this scenario, Ann has the right to freedom of speech, like its stated in the First

Amendment. Like in the case of Tinker V. Des Moines Independent Com. Sch. Dist. were

students were being denied their constitutional right to expression of opinion. Under

constitutional law it states that neither students nor teachers shed their constitutional rights to

freedom of speech or expression at the schoolhouse door, which is in relation to this scenario;

were Ann Griffin can claim that her rights are be violated if she is dismissed based solely on her

statement.

Ann Griffin is said to be a tenured teacher, so she has status conferred by the state statute

that guarantees her continued employment unless the district can establish good and just cause

for dismissal. This provides Ann with a property right to continue employment, which cannot

be taken away without due process like it states in the Fourteenth Amendment. So, this will allow

her to fight for her job until the district finds a good and just cause for her dismissal, which in

this scenario I believe there is.

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In this scenario, Ann has stated a statement of discrimination. Yes, she is entitled to her

freedom of speech, but speech that involves purely personal concern is not protected. If the

District can determine that Anns speech would significantly undermine her ability to perform

her duties, disrupt the normal operation of the school, undermine supervisory authority, or

destroy the effectiveness of working relationships, which from what she stated sounds like she

would, then she can still be disciplined based on her expression.

Also, like in the case of Loeffelman V. Board of Education of the Crystal City School

District, the school board concluded that it had the authority to terminate a teachers contract on

the grounds that she had willfully violated a board policy by engaging in discriminatory conduct

and making disparaging racial comments. Ann, in this scenario, has done the same just in

different words. I believe in this scenario the school district can use this against Ann and

establish a good and just cause reason for dismissal. Ann will also fall under incompetence,

which can be used against her in determining reasons for dismissal.

Conclusion

I think Ann, in this scenario, should be provided with a procedural due process because it

affects a property right that she is entitled to since she is tenured. I think Ann will try to fight the

case on rights and terms of freedom of speech and tenure. She also has a right, through due

process, to a predisciplinary meeting because the proposed discipline does affect her property

and liberty right interest. During the meeting is when the district must prove its case against her

and in this scenario, I believe it can. Due to her statement she implied that she has discriminatory

feelings and this will lack her ability of fairness among her students and co-workers. I believe
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this alone applies for dismissal following the good and just cause agreement, like in the case

Loeffelman V. Board of Education of the Crystal City School District, and the district should

terminate Ann Griffin immediately. I believe everyone needs to own up and take responsibility

for their expressions and actions. In this scenario, Anns statement was particularly egregious and

should have severe consequences that she should own up to and take responsibility for. With the

diversity in our society there is no excuse nor time for discrimination.

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Portfolio Artifact #2

References

School Law for Teachers Concepts and Applications Julie Underwood L. Dean Webb,

-Case Tinker V. Des Moines Independent Com. Sch. Dist.

- Case Loeffelman V. Board of Education of the Crystal City School District