Sunday, March 22, 2009

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

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