LexisNexUs
I was convicted of first degree criminal mischief for ramming my car into the car of my husband's lover.
NO!
Conviction did not render the teacher unqualified to perform her professional duties.
Teacher Standards and Practices Commission v. Bergerson 2007
I wrote a letter to the editor in the community newspaper criticizing the school board.
YES!
The employee is speaking as a citizen about a public concern. In weighing the interests of the employer against free speech, free speech wins in this case.
Pickering v. Board of Education 1968
I accessed pornographic websites on a school computer.
NO!
Steuber v. Gallagher
I talked about white privilege in my contemporary issues class.
NO!
Banned curriculum.
Tennessee 2021
I was convicted of a felony for selling cocaine nine years prior to applying for a teaching license.
NO!
There was a direct & negative relationship between the role of a teacher and a drug conviction.
Arrocha v. Board of Education of City of New York 1999
A picture of me simulating a sexual act with a mannequin surfaced on the internet.
YES!
Engaging in lewd behavior contrary to the moral value of the educational and school community is terms for termination.
However, the appellate court held that the behavior was legal, outside of school context, did not affect the ability to teach, and did not constitute misconduct.
Land v. L'Anse Creuse Public School Board of Education 2010
I posted a political opinion about gun laws on social media.
YES!
1st Amendment protection.
I physically attacked the district superintendent.
NO!
Actions are both criminal and unbecoming to a member of the teaching profession.
Everett v. Texas Education Agency 1993
I wore a faux headdress and chanted a mnemonic device to help students remember trigonometric functions during a math lesson.
NO!
Adversely affected community
Utah 2021
I was convicted of B&E and grand larceny, served my term, and then completed all of the requirements to become a teacher.
NO!
State certification standards require individuals to overcome past indiscretions. Unless the board's decision is show to be arbitrary or capricious, the court don't question the discretion of the board.
Bay v. State Board of Education 1963
I used cocaine recreationally, but never went to school impaired.
NO!
Conduct constituted as immorality. The teacher initially refused to submit a drug test which constituted willful neglect of duty.
Metz v. Bethlehem Area School District 2018
NO!
Potential for discipline for departing from curriculum.
I was convicted of rape.
NO!
Immorality and misconduct and all the obvious reasons.
Ulrich v. State 1990
I separated my classroom so that boys sat on one side and girls sat on the other- per my principals suggestion in order to prevent ongoing sexual harassment.
NO!
Ongoing lawsuit.
Utah 2021
I failed the examination required by my state for certification.
NO!
Teacher examination is a reliable and economical means for measuring one element of effective teaching- the degree of knowledge possessed by the teacher.
United States v. State of South Carolina 1977
I exposed myself in public.
NO!
conduct is found unworthy to instruct
Gomex v. Texas Education Agency Certification and Standards Division 2011
I posted a joke to social media about my students, stating "I'm not a teacher- I'm a warden for future criminals."
NO!
Content of message doesn't address a matter of public concern and may adversely affect students and teachers.
In the matter of the tenure hearing of Jennifer O'Brien 2013
I falsified welfare records and received approximately $43,000 in welfare benefits
NO!
Fraud and forgery are unbecoming of a teacher
Stelzer v. State Board of Education 1991
I administered corporal punishment several times on a special education student.
NO!
In states where corporal punishment is allowed, it may only be administered by the principal.
License was suspended for two years.
Terkosky v. Indiana Department of Education
NO!
Boards have a rational governmental interest in requiring teacher to be either citizens or be in the process of becoming naturalized citizens.
Ambach v. Norwick 1979
I posted pictures from my trip to the UK which included myself holding a beer. My facebook page was private and I did not have any students following my account.
Yes and No....
Payne was forced to resign through an ultimatum. By the time her lawsuit was tried her 1 year period of nontenured employment was passed and the course held that that case was moot.
Payne v. Barrow 2009
I published an online book containing sexually explicit passages.
NO!
The court would balance the school's interests and free speech. The explicit content could prevent someone from being an effective teacher, and may have a substantial impact on school functioning.
I belonged to a swingers club and engaged in public sexual acts and appeared on television, in disguise, espousing nonconventional sexual behavior.
NO!
Pettit v. State Board of Education
I accidentally showed my students pornographic content.
NO!
Texas 2022
I was convicted of a felony for breach of trust with fraudulent intent when I took $27,000 in forged and unauthorized checks prior to applying for my teaching license.
YES!
The conviction was unknown prior to initial hire. Two years later the district learned of the conviction, the teacher resigned, reapplied and was reinstated two years after resignation.
South Carolina 2006