Abstract:
This was a purposeful, qualitative, historical and document-based research study that investigated the trends and outcomes of the legal issues relating to teacher dismissal for immorality. The study included 114 cases over a thirty year period spanning from 1977-2007. Federal and state level law cases were researched to determine the ruling of courts as they applied the law and state statutes. Ten guiding principles were developed for school leaders to consider when confronted with teacher misconduct issues. Terminating a teacher's contract on grounds of immorality requires that a school board demonstrates one of two legal tests: the moral exemplar v. the nexus test. The moral exemplar test holds that teachers are held to a higher community standard of a mandatory role model. On the other hand, it has been asserted that teachers are entitled to the right to have a private life and that their privacy should be protected unless it can be proved that the behavior of the teacher directly and negatively impacts his or her teaching or harms the school community. Courts have used one of these legal tests in determining if the dismissal is warranted. The literature revealed and the outcomes of the cases studied clearly indicate that over the last thirty years courts have moved from applying the moral exemplar standard to teacher dismissal cases relating to immorality to utilizing the nexus test when considering the dismissal of teachers for immoral acts. It is very clear from reviewing both standards that a teacher's conduct outside of the workplace can result in disciplinary action by the school board. The outcomes of this study revealed that school boards have been successful in terminating teachers for immorality including, but not limited to the following areas: sexual improprieties with students; violation of school policy regarding alcohol and illegal drug use; theft; dishonesty; grand larceny; inappropriate use of computer and internet access; violation of district's corporal punishment/discipline policy; homosexual solicitation; violation of sexual harassment policy; use of profanity; breach of contract; conviction of a criminal act; embezzlement; violation of school district's weapons policy; inappropriate comments to students or co-workers; honesty and integrity; lying about work absences; inappropriate conversations with students; and willful disregard and neglect of school board policy and directives from superiors.
