RUNNING HEAD: Portfolio Artifact #2

Springer, Miranda Portfolio #2 1

Portfolio Artifact #2
Miranda Springer
College of Southern Nevada

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Portfolio Artifact #2
Freddie Watts, principal, and Jimmy Brothers, assistant principal, are African-American
administrators assigned to administer a predominantly black high school. Ann Griffin, a white
tenured teacher, during a heated conversation with the two administrators stated that she hated
all black folks. When word leaked on her statement, it caused negative reactions among
colleagues both black and white. The principal recommended dismissal based on concerns
regarding her ability to treat students fairly and her judgment and competency as a teacher.
1. How do you feel the court will rule in this case?
The majority of the student body is African-American, which is a reasonable concern of
Griffins fair treatment of students. This causes her competency and judgment as an educator to
be questioned causing the school district to act in the defense and protection of the students.
Meaning Ann Griffins dismissal will be upheld in court due to her comment not being protected
and the effect it had on the faculty and environment, regardless of her tenured status. Grounds for
teacher dismissal due to unprotected speech under the first amendment in school are as follows:
Speech of personal concern;
Personal attacks on administrators, board members and/or other teachers;
Complaints based on an individuals actions;
Undermine a teachers ability to perform contractual duties;
Conflict with daily operations of school;
Undermine authority;
Ruin the effectiveness of work relationships (Underwood & Webb, 2006, p49).
Ann Griffin personally attacked Freddie Watts and Jimmy Brothers, respectively the
principal and assistant principal, based on race. Personal attacks, such as this one, are not
protected under the first amendment in a school setting (Underwood & Webb, 2006, p49). To
dismiss Griffin, the school would not violate the teachers first amendment rights.
Due to Griffins racist comment, it is a deep concern of the school district to ensure the
safety of the children under their care and educational guidance. If a teacher is suspected of

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unfair treatment of students, it is the schools duty to provide a safe environment (Underwood &
Webb, 2006, p101). By dismissing Ann Griffin, the school district would have fulfilled its duty to
protect students to possible racist misconduct. Based on Griffins comment, racism would hinder
her ability to complete her contractual obligations. In addition, speech that disrupts daily school
operations and/or hinders a teachers ability to uphold contractual duties is not protected under
the first amendment (Underwood & Webb, 2006, p49). Similar misconduct occurred in 1992.
In the case of Stroman v. Colleton County School District, John W. Stroman was
dismissed due to the circulation of a letter to coworkers about the school district not paying
teachers due to budgetary mismanagement (Dean, n.d.). In Stromans letter, he proposed a sick
out during finals week; due to Stromans adamant request, the 4th Circuit Court ruled to uphold
the dismissal (Underwood & Webb, 2006, p49). The courts reasoning was if Stroman was not
present during finals week, then this would have hindered normal school operations and the
students ability to learn. Those hearing Ann Griffins case will use this case as a previous ruling
as a basis of what could have happened had the students been affected by the misconduct.
Although with a different result, Pickering v. Board of Education could be used as
another previous ruling. The Supreme Court of Illinois ruled the teacher, Marvin Pickering, was
within his rights as a citizen to voice public concerns, such as school budgeting, to the public in
the newspaper (Findlaw, n.d.). By dismissing him with no proper evidence of environmental
disruption, the School Board violated Pickerings rights. Therefore, the ruling for Pickering v.
Board of Education was Pickering was within his first amendment rights; unless, the statement
were to undermine the effectiveness of the relationship between the teacher and the teachers
superior and coworkerssuch expression may not furnish grounds for reprisal (Underwood &
Webb, 2006, p48-49). If Pickering v. Board of Education were to be used as a previous case, then

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Griffin would be dismissed because she had undermined the authority of her superiors, the
principal and vice principal, and effectively ruined the relationship with them and her colleagues.
In regards to Griffins status as a tenured teacher, it will have no value to the ruling
because her comment put the students and coworkers in disharmony. According to Underwood
and Webb, dismissal for a tenured or non-tenured teacher is the same (2006, p67). Grounds for
dismissal generally are due to the disruption of the environment, and tense work relationships
(faq, n.d.). Ann Griffin effectively made the school of mixed races uncomfortable with her
outburst. According to the Texas Classroom Teachers Association, termination of a teacher in a
contract or near the end of a contract can occur if the school board supports their decision with
substantial evidence at a court hearing (2011). By explaining to the court how Griffins adverse
comment disrupted coworker relations, created tension within the school, and increased concern
for the fair treatment of students in the predominately African-American school and her
contractual duties, the court will support the decision to dismiss Ann Griffin.

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References
Dean, J. (n.d.). 981 F.2d 152: John W. Stroman, Plaintiff-appellant, v. Colleton County School
District; A.l. Smoak, Jr.,superintendent of Education, Colleton County School district;
Colleton County Board of School Trustees; Nathelh. Kennedy, Chairman, Colleton
County Boar. US Law, Case Law, Codes, Statutes & Regulations: Justia Law. Retrieved
June 16, 2012, from http://law.justia.com/cases/federal/appellatecourts/F2/981/152/22184/
faqs. (n.d.). First Amendment Schools: Resources for Students, Teachers, Administrators and the
Community. Retrieved June 16, 2012, from
http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12820
FindLaw | Cases and Codes. (n.d.). FindLaw: Cases and Codes. Retrieved June 21, 2012, from
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=391&invol=563
Teacher contracts: The law and its practical implications | Texas Classroom Teachers Association.
(June 22, 2011). Texas Classroom Teachers Association. Retrieved June 18, 2012, from
http://tcta.org/publications/the_classroom_teacher/teacher_contracts_the_law_and_its_prac
tical_implications
Underwood, J. and Webb, L. D. (2006), "Legal Framework for the Public Schools." School law
for teachers: concepts and applications. Upper Saddle River, N.J.: Pearson/Merrill Prentice
Hall. 48-50, 67, 101. Print.