ERIC Number: ED218803
Record Type: Non-Journal
Publication Date: 1982
Reference Count: N/A
Legal Issues in the Dismissal of Teachers for Personal Conduct.
Delon, Floyd G.
Limited to teacher conduct of a nonverbal nature occurring outside the school setting, this monograph presents the case law resulting from the dismissal of teachers for unacceptable conduct. The first section reviews literature on teachers' personal conduct. The second deals with the issue of whether a teacher is obligated to serve as an exemplar for students and concludes that the requirement has been abandoned in many jurisdictions but retained in others, such as Pennsylvania and Maine. The second section discusses whether a nexus must be established between objectionalbe personal conduct and fitness to teach; it is concluded that this requirement gained wide acceptance in the 1970s. Addressed in the second section is the question of vagueness of the term "immorality" in dismissal statutes, noting that only in Oregon have the courts considered this term unconstitutionally vague. Substantive due process is discussed in the fourth section, with the final conclusion that a board policy rationally related to a legitimate purpose is likely to withstand a substantive due process challenge. Section five looks at a teachers' constitutional right to privacy, noting that this right is not yet clearly defined. (Author/JM)
Descriptors: Competence, Court Litigation, Due Process, Elementary Secondary Education, Ethics, Homosexuality, Legal Problems, Privacy, Role Models, Sexuality, Student Teacher Relationship, Teacher Behavior, Teacher Dismissal, Teacher Effectiveness, Teacher Influence, Teacher Role
Publications, National Organization on Legal Problems of Education, 5401 S.W. Seventh, Topeka, KS 66606 ($7.95).
Publication Type: Reports - Descriptive; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.