Running head: ARTIFACT 2 1

Teachers’Rights and Responsibilities

Jeffery Urbina

College of Southern Nevada

Abstract

The case of Freddie Watts, principal, Jimmy Brothers, assistant principal, and Ann Griffin

is a very interesting case. After Ann said some racial thing towards the two administrators the

principal suggested she be dismissed. Ann is a tenured teacher. The question is what way will the

judge side on the case. Will Ann right to free speech be enough to protect her? Is she being treat

fairly through the whole case as intended by due process? Is the principal right on thinking she is

not treating all students equally? I will look through laws to find the ones that will be applied to

this case. As well as similar court cases from the past that can give a bases as to which side the

judge will go with.

Introduction

Freddie Watt principal and Jimmy Brothers assistant principal are African American

administrators at a school where the population is mostly black students. Ann Griffin is a White

teacher with tenured at the school. The three we’re having a heated discussion when Ann said

she “ hated all black folk” the rest of the staff heard of what she said and had a negative reaction

among them. Freddie Watt the principal suggested she she be dismissed due to concerns of her

being able to treat each student equally and her judgement and competency as a teacher.

As a tenured teacher Ann has several rights protecting her including her right to due

process of being treated fairly throughout the whole process. Her First Amendment right to share

her views without fear of retaliation even if her comments are unpleasant. Ann also has her

tenure status which means she can’t be dismissed without due process. Principal Freddie Watts

also has a right to dismiss her. After hearing her comments he is right to question Ann ability to

treat students fairly which she must do under the Equal Educational Opportunities Act. Principal

Freddie Watts also has the right to question her competence as a teacher since she clearly showed

a bias against black students, is she giving the students the best learning opportunities? Both

sides have compelling cases.

In the case of Pickering V. The board of education Pickering expressed his views on the

board of education through a publishment in the news however the difference is he made those

comments as a citizen and not as a public employee. In addition the comments were neither

shown nor could be presumed to have interfered with Pickering’s performance of his teaching

duties or the schools' general operation. According to the book Legal Rights of Teachers and
ARTIFACT 2 4

Students in chapter 10 figure 10. 1 the Pickering balance test. Ann Griffin’s comment does

impair teaching effectiveness as she would have clear bias and jeopardizing relationships with

majority of the school. After the rest of the school staff heard they revived the news negatively.

Which is why principal Freddie Watts has the right to go with dismissal.

Connick v. Myers is another great example of why Ann Griffin first amendment rights are not

being violated. Shelia Myers was being transferred and she did not like this decision and

wouldn’t accept it she was terminated by Harry Connick in addition Connick also stated that her

survey was insubordination. The court found that the survey disrupted close working

relationships in the office. On the basis of those findings, the Supreme Court held that Myers’s

freedom of speech rights had not been violated. The same could be said about this case as Ann

Griffin comments would not be protected under First amendment because her comments were an

attack on her employers and African Americans. In addition causing tension in the work place.

In defense of Ann Griffin, her first amendment right could be protected just like in Mt.

Healthy city school board of education v. Doyle. In which Doyle was involved in an argument

with another teacher who slapped him. Doyle was also arguing with school cafeteria employees

over the amount of spaghetti he was served, referring to students as “sons of bitches,” and

making an obscene gesture to two girls after they failed to obey his commands when he was

cafeteria supervisor. Later he contacted a radio station discussing the new dress code at the

school. His comments to the radio station were protected by his first amendment right. However

the Sixth Circuit ruled that the board would have made the same decision even if he had not

contacted the radio station. If Ann Griffin can prove that the only reason for dismissal was her

comment she can claim her first amendment was violated.

The conversation between The principal and the assistant principal with Ann Griffin was

between the three of them making it a private conversation. Like in Garcetti v. Ceballos where

Richard Ceballos sued the government for disciplining his communications which opposed

government interests, on the ground that the government’s action violated the First Amendment.

The court ruled. A public official may exercise protected freedom of speech only during private

speech, as part of his life as a private citizen, and not during his official duties. Since Ann was

not teaching at the time and expressed her view in a private setting. She could be protected by

her first amendment right.

Ultimately I think a judge will side with the principal on this case. Ann Griffin comments

were not a fair criticism but instead more of an attack on the principal and African Americans at

the school. Similar to Connick v. Myers where first amendment rights aren’t protected if they

disrupt the work setting. Pickering v. Board of education is another example as to why her

comments wouldn’t be protected. Where Pickering comments did not effect his performance as

a teacher Ann Griffin’s comments do. She has broken the chain of respect with her colleges and

students which would make teaching there impossible as each of her actions would be questioned

to see if she is treating every student fairy. Although her conversation was in private the matter of

her comments. Unlike the cases of Mt. Healthy city school board of education v. Doyle and

Garcetti v. Ceballos. I believe the principal is in the right to call for her dismissal.
ARTIFACT 2 6

References

Pickering v. Board of education

Garcetti v. Ceballos

Mt.Healthy city school board of education v. Doyle

Connick v. Myers

Legal Rights of Teachers and Students

Nelda H. Cambron-McCabe

https://www.casebriefs.com

http://constitution.findlaw.com/amendments.html

https://www.law.cornell.edu/wex/due_process