Both clauses are part of the 14th Amendment
Equal Protection Clause
-The government must treat similar people similarly and must not "deny to any person within its jurisdiction the equal protection of the laws".
Due Process Clause
-Citizens have certain privacy rights
-The constitution does not specify exactly what privacy rights are protected
-Previous cases have determined that citizens have a right to reproduce, marry, use contraception, etc. but there is NO protection for sexual orientation.
Sunday, March 29, 2009
Sunday, March 22, 2009
Objectives
1. Understand how a teacher’s behavior outside of school can affect their career
2. Become familiar with prior reasons teachers have been dismissed from employment (divorce, pregnancy, sexual orientation, second job, etc.)
3. Contemplate how community and cultural standards or expectations can play a role in teacher lifestyle issues
4. Answer questions such as ‘can gay teachers be fired because of their sexual orientation,’ or ‘how can a teacher’s relationships outside of school affect their job status, and why?’
5. Understand the requirements to dismiss a teacher for private conduct
6. Discuss meaningful ways in which this topic relates to the Equal Protection Clause
7. Due Process Clause
2. Become familiar with prior reasons teachers have been dismissed from employment (divorce, pregnancy, sexual orientation, second job, etc.)
3. Contemplate how community and cultural standards or expectations can play a role in teacher lifestyle issues
4. Answer questions such as ‘can gay teachers be fired because of their sexual orientation,’ or ‘how can a teacher’s relationships outside of school affect their job status, and why?’
5. Understand the requirements to dismiss a teacher for private conduct
6. Discuss meaningful ways in which this topic relates to the Equal Protection Clause
7. Due Process Clause
What are the requirements to dismiss a teacher for private conduct?
Must prove that the private conduct impairs the teachers ability to teach or is harmful to students
Can be dismissed for immorality if they engage in public sexual activity, while private sexual behavior is protected under the 14th amendment
A teacher is entitled to due process if termination of employment impairs a property or liberty interest
In order for a teacher to be terminated, the school doesn’t need as much evidence as you would need to support criminal charges, however they cannot be dismissed for unproven rumors
A teacher can't get in trouble solely because school officials disapprove of teachers’ private behavior
Constitutional protection of teachers’ privacy rights is determined by location of the behavior and the nature of the activity
In order for a teacher to be dismissed for private conduct, there must be a NEXUS between what a teacher does outside of school and what occurs in school.
Bikini Model: http://www.youtube.com/watch?v=Tc3rMW_JBQo&feature=related
Can be dismissed for immorality if they engage in public sexual activity, while private sexual behavior is protected under the 14th amendment
A teacher is entitled to due process if termination of employment impairs a property or liberty interest
In order for a teacher to be terminated, the school doesn’t need as much evidence as you would need to support criminal charges, however they cannot be dismissed for unproven rumors
A teacher can't get in trouble solely because school officials disapprove of teachers’ private behavior
Constitutional protection of teachers’ privacy rights is determined by location of the behavior and the nature of the activity
In order for a teacher to be dismissed for private conduct, there must be a NEXUS between what a teacher does outside of school and what occurs in school.
Bikini Model: http://www.youtube.com/watch?v=Tc3rMW_JBQo&feature=related
What are prior reasons teachers have been dismissed from employment?
The Sixth Circuit
~ Ruled against a school board’s nonrenewal of a teacher’s contract based on her divorce, saying that violated constitutional privacy rights
New York Federal Court
~ Upheld the termination of a teacher for actively participating in a group supporting consensual sexual activity between men and boys, saying that his activities were likely to impair teaching and would disrupt the school
The Supreme Court in Lawrence v. Texas (2003)
~ Struck down a Texas law prohibiting same gender couples from engaging in private sexual conduct, saying the law violated liberty rights of consenting adults
Teacher fired for myspace: http://www.youtube.com/watch?v=oWpkQKicpXU&feature=related=related
~ Ruled against a school board’s nonrenewal of a teacher’s contract based on her divorce, saying that violated constitutional privacy rights
New York Federal Court
~ Upheld the termination of a teacher for actively participating in a group supporting consensual sexual activity between men and boys, saying that his activities were likely to impair teaching and would disrupt the school
The Supreme Court in Lawrence v. Texas (2003)
~ Struck down a Texas law prohibiting same gender couples from engaging in private sexual conduct, saying the law violated liberty rights of consenting adults
Teacher fired for myspace: http://www.youtube.com/watch?v=oWpkQKicpXU&feature=related=related
How can community & cultural standards play a role in teacher lifestyle issues?
It depends on what the community believes is morally or ethically
Community standards vary a lot and are hard to determine
School officials have defended restrictions on some behaviors based on the fact that teachers are role models for students and should conform to community norms to guarantee an appropriate educational environment
Teacher fired for butt painting: http://www.youtube.com/watch?v=QQ7mRxa1GRM
Know your community!
Community standards vary a lot and are hard to determine
School officials have defended restrictions on some behaviors based on the fact that teachers are role models for students and should conform to community norms to guarantee an appropriate educational environment
Teacher fired for butt painting: http://www.youtube.com/watch?v=QQ7mRxa1GRM
Know your community!
Can gay teachers be fired because of their sexual orientation?
Courts require a nexus (connection) between sexual orientation and impaired teaching effectiveness to justify the dismissal
Schroeder v. Hamilton School District: The Facts
1. Tommy Schroeder complained about receiving harassment from students, parents, and fellow faculty members because he was homosexual
2. Most of harassment was anonymous
3. He had a protracted history of psychiatric problems and experiences a mental breakdown one day and handed in a letter of resignation
4. Schroeder argued that the school discriminated against him because of his sexual orientation when addressing his complaints about the harassment and violated the Equal Protection Clause of the 14th Amendment
5. He thought the school was deliberately indifferent to the harassment he received
6. The school did take measures to try to stop the harassment
2. Most of harassment was anonymous
3. He had a protracted history of psychiatric problems and experiences a mental breakdown one day and handed in a letter of resignation
4. Schroeder argued that the school discriminated against him because of his sexual orientation when addressing his complaints about the harassment and violated the Equal Protection Clause of the 14th Amendment
5. He thought the school was deliberately indifferent to the harassment he received
6. The school did take measures to try to stop the harassment
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