Martha McMillan

EDAS 5810 - Shuran

18 March 2015
Teacher Conduct Outside of the Classroom
Teacher conduct outside of school all relates to competence. In the fifties, the Supreme
Court claimed that just because someone is a public school teacher does not mean that he or
she has to give up their freedoms. However, the Supreme Court also claimed that someones
ability and fitness to be a competent school teacher is not only judged by their performance in
and at school. (Vacca, 2011)
It was difficult to find any laws, per say, that dictate what teachers can and cannot face
consequences for outside of the school and outside of their classroom. However, the joint
consensus from different court cases and other legal/educational websites that I found indicate
that if the behavior has a negative impact/connection on the school, then courts have ruled in
favor of school districts that disciplined those teachers. Some examples and references are
listed below.
In Illinois, a teacher was dismissed from her job after getting convicted with
misdemeanors for failing to file their income taxes. This was found to harm the teachers
reputation and the court decided that that teacher was no longer a functioning role model. In
Missouri, a teacher was fired after shooting her husbands significant other. The courts claimed
that the teachers relationships with other staff, families, and the community would be damaged
as a result. There have been cases where the court has found no clear connection between
professional duties at school and the teachers actions. For example, in Oregon, a teacher
consumed large quantities of prescription drugs and drove her car into her estranged husbands
car (though he was not in the car). (Eckes, 2013)

In regards to social media, it is interesting to see more school districts updating their
Code of Ethics (or some similar document) to include social media regulations and/or
guidelines. For example, in Austin, Texas, due to the large number of case referrals in which
teachers were over-communicating with students outside of the school day, teachers could face
disciplinary actions at their school. The Austin Code of Ethics mentions that factors that could
be considered when assessing the appropriateness of the communication includes the purpose
of communication, the timing and amount of the communication, whether or not the educator
tried to hide the communication, and whether or not the communication was sexually explicit.
They specifically say that these forms of communication could include cell phone calls, text
messaging, email, instant message, blogging, or through other social media communications.
(McAllen, 2014).
There are also some cases that have popped up concerning the internet and social
media over things that are considered legal activities. In Wisconsin, a teacher was placed on
leave after she put up a Facebook picture that contained her holding a hunting rifle. In Georgia,
a teacher was (supposedly) coerced into resigning after complaints were made about Facebook
pictures that contained her drinking. [In this case, she filed a lawsuit. The state court voted in
favor of the district that took disciplinary action. She is currently appealing that verdict.] (Eckes,
2013)
The National Association for Secondary School Principals (Eckes, 2013) basically said
that school officials just need to remember that, if they plan to discipline, they should be able to
clearly demonstrate how the conduct outside of school has a negative impact on a teachers
effectiveness.
References
Eckes, S.E. (2013). Strippers, beer, and bachelorette parties: Regulating teachers out-of-school
conduct. National Association of Secondary School Principals. Retrieved from http://

www.nassp.org/tabid/3788/default.aspx?topic=Cases_in_Point_PL0913
McAllen Independent School District. (2014). Updated educators ethics code addresses social
media. Retrieved from http://www.mcallenisd.org/teachers-staff/staff-resources/mcallenisd-policies-and-forms/updated-educators-ethics-code-addresses-social-media/
Vacca, R.S. (2011). Teacher dismissal for unprofessional conduct. CEPI Education Law
Newsletter, 9(5). Retrieved from http://www.cepi.vcu.edu/media/university-relations/cepi/
pdfs/newsletters/2010-11/2011-1EdLawNewsletter.pdf