This guidebook provides a general overview of procedures that may be followed in staff misconduct situations. Following the preface and introduction, part 1 contains four chapters that present information on general misconduct procedures, serious misconduct requiring immediate suspension, the presentation of a case at a hearing, and misconduct…

The second edition of this guidebook, written for principals and supervisors, provides a general overview of procedures to follow in staff misconduct situations. Following the preface and introduction, part I discusses general procedures for handling misconduct and includes guidelines for conducting investigations and school-level meetings. Part…

The denial of tenure to and dismissal of an assistant professor at Nichols College are considered. It is concluded that he was denied due process according to the AAUP's 1940 Statement of Principles. No issue of academic freedom was raised by the decision; however, the administration's action is criticized. (MSE)

Brinkmanship behaviors challenge the authority of a social system while trying to avoid, usually through the use of humor, the sanctions that would normally be provoked. This study investigated the validity and use of short scenarios portraying various teachers challenging policy in different ways as a strategy for measuring perceptions of these…

Educators tend to make complex evaluations of the behaviors of colleagues. A study of teacher perceptions of three "brinkmanship" behaviors indicates that educators employ at least five attitude dimensions in characterizing such behaviors and that there are systematic and meaningful differences in the ways they perceive their colleagues'…

The purpose of this study was to examine the issues that principals face in making the decision or recommendation to bring about the involuntary separation of non-tenured teachers. I was concerned with identifying the emotions, feelings, conflicts, and misgivings that principals experience during this process. Related concerns were identified.…

Courts will generally support the dismissal of an employee who fails to follow the legitimate orders of his or her superior or who is so verbally abusive of his superior that the school's effectiveness is imparied. (Author)

Forty-five principals were interviewed concerning their experiences with and perceptions about serious incidents of teacher misconduct. The principals protected the image of the school by heading off, dampening, and containing the incidents. They preferred to resolve incidents in-house, but resorted to formal sanctions when necessary. (Author/DC)

Recent court definitions of immoral conduct require that employers establish a nexus between the objectionable conduct and the individual's fitness to teach, while teacher plaintiffs have argued that dismissals for alleged immoral conduct violated various constitutional rights. This paper reviews a cross-section of recent court cases involving…

The most litigated issues involving teachers are the control of conduct of teachers and other employees. The disciplinary measures available are typically expressed or implied in state statutes. These normally include suspension, transfer, nonrenewal of contract, and discharge. The superintendent or board may be empowered to recommend the…

A code of ethics must legitimate the interests of academics by showing, at least, that good academic practice is auditable, serves society at large, and avoids conflicts of interest; is instructionally effective and evaluatively responsible; and is differentiated according to specializations, whose competencies are certified and relationships…

Recent court decisions concerning school board actions regarding the use of instructional materials indicate substantial deference to the judgment of the school administrators and board members. As long as boards act for a valid educational purpose, they have increasing freedom to decide the inculcation of values is more important than…

The most frequently cited causes for teacher dismissal are immorality, incompetence, and insubordination. The discussion in this chapter concerning these three causes encompasses the general judicial principles found in teacher dismissal cases. The discussion of dismissal for immorality focuses on three controversial areas of litigation: sexual…

This is an expansion and revision of the author's 1972 monograph "Substantive Legal Aspects of Teacher Discipline." The major focus is again placed on the identification and description of the present legal restrictions on teacher behavior both in and out of the classroom. The author examines statutory provisions affecting certification, contracts…

Reviews factors considered by courts in judicial decisions concerning teachers involved in criminal offenses relating to alcohol and drug violations, larceny, theft, shoplifting, gambling, and manslaughter. The courts have held that when criminal conduct shows a connection between the offense and the teacher's effectiveness then cause exists for…