Teacher Rights and Responsibilities
Freddie Cole
Grand Canyon University: EDA 555
August 29, 2014

Academic Freedom Academic freedom is defined as the right of teachers and students to express their ideas in the classroom or in writing, free from political, religious, or institutional restrictions, even if these ideas are unpopular (Academic Freedom, N.D.). Teachers and students have rights of academic freedom in various areas that will be outlined in this section: * Appointments and dismissals – Teachers should only be hired based on their ability to perform the tasks related to the job and their knowledge in their particular field of employment. They should not be hired, nor fired based on their sex, race, religion, political affiliation, nationality, or anything not related to their ability to do their job. Teachers may not be fired for holding or expressing an opinion neither, but only for lack of competence and poor performance. * Loyalty Oaths – Teachers have the option to commit to oaths based on whether or not it contradicts the loyalty to their homeland country or religious beliefs. * Curriculum – The teacher has the right to prompt thinking within a lesson, but not to a point that it implies something unorthodox is an acceptable way of living. * Selection of texts & Supplementary Information – Teachers may provide extra resources for students to use as research in order to expand and provide other points of views so that they are not limited to one point of view. * Freedom to teach controversial Issues – Teachers have the freedom to teach controversial issues as long as it enables deep thinking and does not turn into a persuasive speech. Teachers can input their point of view and beliefs as long as it is made clear that what they are saying is only their opinion. * Freedom to discuss school policies – Teachers have the freedom to discuss school policies, whether in agreement or not, without any punishments or repercussions resulting from their viewpoints expressed. * Organizational Activities – Teachers can join any union they choose and in their joining, gives them the right to strike * Political Activities – Teachers cannot be fired or penalized for any reason based on their political affiliation as long as it does not compromise their professional integrity. * Personal Rights and Freedoms – An educator can do as they please outside of work as long as it does not compromise their ability to do their job professionally. * Ninth Circuit’s Decision in Demers vs Austin (Sept. 2013) – Demers was a tenured associate professor at a university who was in the process of writing a book. While in process, he distributed pamphlets of the book to his students which criticized the reorganization structure of the university. Demers alleges the university retaliated in some sort of way but was not specified. The judgment sided with the defendant (university) but only because the plaintiff could not furnish clear evidence of reactions as a result of the pamphlets (Nahmod, 2013).
Student Rights * Varied points of view – This includes learning material which is not limited to the resources given by the school. Students can research external resources to gain a larger perspective on the lesson being taught so that they can develop a well-rounded view on the topic. Students are free to have open forums, where they can speak out on topics that affect them. The can assemble peaceably to voice their opinion and concerns. Another right for students is by way of student publications. Students can publish magazines for the student body and this publication serves as the voice of the students. Students can have this publication and actually utilize this as a means of indirect communication to faculty and administration as long as it does not slander or present itself as indecent or provoking. Students have every opportunity to be seen as important and relevant to a harmonious relationship between them and their educators. As long as they exercise these rights respectfully, and without conflicting methods, they can get a lot accomplished.
Freedom of religion and conscience * Students have the right to choose a religious preference, or not choose a religious preference at all. No public school should force a student into selecting any religion over another and neither shall a student be discriminated against for what or whom they choose to believe. Students can and will be disciplined if their religious choice causes them to act out in a way that serves as a detriment to the students, faculty, staff, administrators, or the campus itself. * A fairly new situation has occurred in South Florida where a student, during his downtime in class, chose to read his bible once students were given permission to read silently. His teacher had him call his mother in front of the class, and left a voicemail which can be found online stating that students are not allowed to read the bible in her classroom. The teacher violated the student’s constitutional rights, and furthermore the school policy. Turns out, the school policy states that the students can read religious material before school, after school, at lunch, AND during in class non-instructional time. This case has not gone to court yet, but is currently in negotiations between the plaintiff and the defendant (Starnes, 2014).
Freedom of association * Students can join or organize associations within the school for political, athletic, or social purposes as long as they do not discriminate against other students for reasons of race, religion, or nationality. They can select according to the needs and purpose of the organization. For example, a Spanish Club requires individuals who are competent in speaking Spanish. They, being acknowledged as a campus organization has rights to distribute leaflets and advertise their events, as well as, have access to use rooms on campus to hold meetings of different sorts for their organization. This freedom enables the students to find a social group that shares similar values that they can connect with, grow with, and share similar thoughts and feelings with, in a peaceable manner.
Freedom to Assembly and right to petition * Students have the right to have public meetings and form associations without government interference. Students can exercise this right without consequence as long as it is done decently and in order.
Student Discipline * In terms of discipline with students, no matter the situation, a student has the right to due process, which is summarized by their entitlement to proper legal procedures. Personal appearance will not be discriminated against, for any reason, other than it being a distraction to the educational process, or serve in a threatening way to anyone’s safety. Taking a look at the decision by California Supreme Court Judge W. G. Watson in the case of Myers vs Arcata Union High School District (1966), his decision went as follows:
“The limits within which regulations can be made by the school are that there be some reasonable connection to school matters, deportment, discipline, etc., or to the health and safety of the students. ...The Court has too high a regard for the school system ... to think that they are aiming at uniformity or blind conformity as a means of achieving their stated goal in educating for responsible citizenship. .[If there are to be some regulations, they] must reasonably pertain to the health and safety of the students or to the orderly conduct of school business. In this regard, consideration should be given to what is really health and safety ...and what is merely personal preference. Certainly, the school would be the first to concede that in a society as advanced as that in which we live there is room for many personal preferences and great care should be exercised insuring that what are mere personal preferences of one are not forced upon another for mere convenience since absolute uniformity among our citizens should be our last desire.” The police working on high school campuses have their usual duties to protect and serve, but not to harass nor interrogate. If they need to question an individual, they will have to do so in the privacy of an administrator’s office, with the school leader present, and must make every attempt to get the parent in the meeting as well. The student must be made aware of their rights prior to questioning.
Freedom from Discrimination No students should receive preferential treatment, nor denied any rights due to their race, religion, nationality, or any other religion related to them as an individual. The administrative team’s job is to ensure that no situation is carried out in a discriminatory manner, and to keep anything that appears discriminatory from developing. All students have equal opportunity and rights that will be honored as long as it does not endanger or pose a threat to anyone including themselves.

References

Academic Freedom. (n.d.). The American Heritage® New Dictionary of Cultural Literacy, Third
Edition. Retrieved August 27, 2014, from Dictionary.com website: http://dictionary.reference.com/browse/academic freedom

Academic Freedom in the Secondary Schools. (Sept. 1968). Retrieved from http://files.eric.ed.gov/fulltext/ED025027.pdf
New University Academic Freedom Decision from Ninth Circuit: Demers vs Austin. (Sept. 2013). Retrieved from http://nahmodlaw.com/2013/09/16/new-university-academic- freedom-decision-from-ninth-circuit-demers-v-austin/
Teacher Tells Students Can’t Read Bible in My Classroom. (Aug. 2014). Retrieved from http://www.foxnews.com/opinion/2014/05/05/teacher-tells-student-cant-read-bible- in-my-classroom/

I, ______________________________, have read the Teacher and Student Rights and Responsibilities Handbook. I understand that I am expected to exercise my rights in an orderly manner, and also that it is my responsibility to abide by the Code of Ethics and be professional in all of my dealings as an employee of ___________________.

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