EL5753 - Module 3 Discussion
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American College of Education *
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5753
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Philosophy
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Dec 6, 2023
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Module 3 Discussion
Teachers’ Rights and Freedoms
Consider this scenario:
Margaret Lewis was a tenured teacher in a suburban school district. After
work one day, she went to happy hour with her colleagues and had several
glasses of wine. On her way home, she was stopped by police and charged
with a DUI (driving under the influence). She explained to the police what
had happened, but they arrested her anyway. When her arrest became
public, the school board pressured her resignation.
Use these questions to guide your original response:
Can the board force Ms. Lewis to resign? Why or why not?
Is the infraction serious enough to warrant dismissal? Why or why not?
What rights does Ms. Martin have as a teacher in this situation?
What conclusion do you think the court would reach in this situation?
Provide a rationale for your response.
Comment on the posts of at least two classmates. APA citations are required only for
the original response.
1.
Can the board force Ms. Lewis to resign? Why or why not?
The board may have the legal authority to force Ms. Lewis to resign, especially if her contract
includes tenure protection. Tenure is typically granted to protect teachers from arbitrary
dismissal. However, it's essential to check the specific terms of her employment contract and the
district's policies. “A faculty member can be terminated for incompetence, violation of
institutional policies, negligence, immoral conduct, and, increasingly, speech deemed offensive”
(
What Is Academic Tenure? | BestColleges
, n.d.)
2.
Is the infraction serious enough to warrant dismissal? Why or why not?
Whether the infraction is serious enough to warrant dismissal depends on various factors,
including the school district's policies, the severity of the DUI, and any potential impact on Ms.
Lewis's ability to perform her duties as a teacher. I have seen in my area and surrounding areas,
that some districts push for dismissal, while others do not.
3.
What rights does Ms. Lewis have as a teacher in this situation?
Ms. Lewis likely has several rights, including due process rights, protection against arbitrary
dismissal (if she has tenure), and possibly privacy rights. Due process typically involves notice
of the charges against her and an opportunity to present her side of the story before any adverse
action is taken. “State tenure laws provide tenured teachers with “due process” meaning the right
to know why they are being dismissed and the opportunity to challenge a dismissal that a teacher
believes is unfounded” (Association, n.d.). If her contract includes tenure, the school district may
need to follow specific procedures to terminate her.
4.
What conclusion do you think the court would reach in this situation? Provide a
rationale for your response.
The court's decision would depend on the specifics of Ms. Lewis's case, her employment
contract, and the school district's policies. If her conduct outside of work does not directly impact
her ability to perform her job, and if the school board did not follow proper procedures, the court
might rule in her favor. On the other hand, if her actions are deemed serious and relevant to her
role as a teacher, and if the school district followed proper procedures, especially with Indiana
having limited tenure protections, the court may uphold the board's decision to force Ms. Lewis
to resign.
Ms. Lewis’s outcome would depend on the specific details of her contractual rights, and the legal
and procedural aspects surrounding her employment.
References:
What Is Academic Tenure? | BestColleges
. (n.d.). Www.bestcolleges.com. Retrieved November
27, 2023, from https://www.bestcolleges.com/blog/what-is-tenure/#:~:text=A%20thornier
%20situation%20involves%20tenured
Association, N. E. (n.d.).
Teacher Tenure & Due Process Protections for Educators | NEA
.
Www.nea.org. https://www.nea.org/resource-library/teacher-tenure-due-process-
protections-educators
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