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PORTFOLIO ASSIGNMENT II
Portfolio Assignment II
Seth Manesse
Scenario
In a heated conversation with two school administrators, Ann Griffin, a high school
teacher, declared that she hated all black folks. The administrators, Freddie Watts the school
principal, and Jimmy Brothers the assistant principal, are both African-American. The school
Her remarks were leaked and caused negative reactions among both white and black
colleagues. Principal Watts is recommending that Ms. Griffin be dismissed, in spite of her having
tenure. His concerns are that, because of her expressed bias, she will not be able to treat
students fairly also that she has displayed poor judgement so serious that her competency as a
teacher is questionable.
Among the rights granted and implied by the Fourteenth Amendment is the right to due
process when the right to property is threatened. According to the court case Board of Regents
Thus, ... the Court has held that a public college professor dismissed from an office held
under tenure provisions and college professors and staff members dismissed during
the terms of their contracts have interests in continued employment that are
The scenario specifically states that Ann Griffin is a tenured teacher. She has a property right to
her tenure and it cannot be taken from her without due process; she is entitled to a hearing.
Teachers Rights and Responsibilities: Portfolio Assignment II 3
If the school dismisses Ms. Griffin, she may be able to meet the high burden of proof
required to prevail in a reverse discrimination, retaliation, and hostile work environment claim.
Title VII was not designed to create a federal remedy for all offensive language and
conduct in the workplace. Rather, its purpose is to protect a reasonable person from
In order for plaintiff's case to survive summary judgment, he carries a heavy burden of
The negative reactions of coworkers caused by the revelation of Ms. Griffins remark could be
In the court case Loeffelman v. Board of Education (2004) the Missouri Court of Appeals,
Eastern District, Division Five, found a teachers First Amendment right to free speech is limited.
her rapport with her students and thereby diminishing her ability to effectively teach her
students
Teachers Rights and Responsibilities: Portfolio Assignment II 4
The time, manner, place, and context that Teacher chose to make her comments
exhibits, to say the least, extremely poor judgment. The nature of her comments was
The School District's interest in efficiently operating a school that is free from race-based
discriminatory speech outweighs any First Amendment right that Teacher may have to
express her private opinion regarding interracial relationships and biracial children to her
students.
Ms. Griffins rights of freedom of speech are limited due to her duties and responsibilities as a
teacher.
In Cleveland Board of Education v. Loudermill (1985) the U.S. Supreme Court ruled that
a hearing was required as due process when discussing termination. The court stated, We
conclude that all the process that is due is provided by a pretermination opportunity to respond,
The teacher should be suspended and a prompt hearing with the district or the school
board should be scheduled. Any school district will have rules and procedures for this type of
If the only issue in this discussion was a racist remark made in a closed-door meeting
the problem is more easily and professionally resolved. After reviewing of the issues and
Teachers Rights and Responsibilities: Portfolio Assignment II 5
affording the teacher an opportunity to defend herself a decision needs to be made. Either, Ms.
Griffin should be retained with a reprimand or, if she is found unsuitable, dismissed.
Unfortunately, there is more to the scenario than that. Ann Griffins remark was
remark was leaked. This implies that one of the three people at the meeting made her private
remark public. Assuming it was one or both of the school administrators this was a serious
breach. By making this remark public Principal Watts and/or Assistant Principal Brothers may
have created a hostile work environment. They retaliated against an employee, stirred up a
negative reaction within the staff, and are threatening Ms. Griffins continued employment.
The fact that the conversation became heated and some inappropriate remarks were
made should not negate protections of free speech. The conversation should have never been
made public. Based upon this situation, Ann Griffin may have grounds for a lawsuit due to
Principal Freddie Watts and Assistant Principal Jimmy Brothers should be investigated.
One or both of them should be reprimanded for making the remarks of a close-door meeting
public. They should have made school officials aware of the remarks and had a hearing
Ms. Ann Griffins intolerable remarks need to be addressed. She should be given a
A lawsuit is likely.
Teachers Rights and Responsibilities: Portfolio Assignment II 6
References
Board of Regents of State Colleges v. Roth 408 U.S. 564 (1972). Retrieved February 9, 2017
Cleveland Board of Education v. Loudermill 470 U.S. 532 (1985). Retrieved February 9, 2017
Joiner v. Wal-Mart stores, Inc., 114 F. Supp. 2d 400 (W.D.N.C. 2000). Retrieved February 9,
http://law.justia.com/cases/federal/district-courts/FSupp2/114/400/2343541/
Loeffelman v. Board of Education 134 S.W.3d 637 (2004). Retrieved February 9, 2017 from
Justia.com website:
http://law.justia.com/cases/missouri/court-of-appeals/2004/ed83337-2.html