CASE #2

Ky. Supreme Court Rules Teacher's Actions Were Not "Conduct Unbecoming"

http://wuky.org/post/ky-supreme-court-rules-teachers-actions-were-not-conduct-unbecoming

By Brenna Angel

A teacher from Fayette County Public Schools was accused of “conduct unbecoming a teacher” when she tried to stop three children from running down the hallway. They happened to be siblings. When she confronted them, the 7 year old boy, began pulling his younger sister's hair. Rosalind Hurley-Richards tried to redirect the boy by placing her hand on his back, but as he resisted, her arm ended up around his neck and shoulder.

Hurley-Richards was suspended without pay for 1 1/2years. She has been the recipient of the prestigious Milken Educator Award in 1996 and was named Kentucky Teacher of the Year in 1997. No reports of misconduct have ever been filled against her.

According to the article, conduct unbecoming a teacher, insubordination, physical or mental disability, and neglect of duty are the few reasons that make it possible to terminate the contract of a tenured public school teacher. Other court cases, in Kentucky, involving "conduct unbecoming a teacher" have included bringing a gun onto school property, falsifying time sheets, and smoking marijuana with students.

The Supreme Court voted in favor of Rosalind Hurley-Richards and said she is owed her full salary for the time she was suspended. She still teaches for the school district.

I believe this was the right decision. Seems to me that "conduct unbecoming a teacher" has a broad definition. Although we are told never to put our hands on a child, there may be a time when a gentle redirection is necessary. Pulling anyone's hair can cause neck injury and long-term damage, especially a child. Having no prior complaints against her and winning awards worked in her favor. It is hard enough to do a job because you enjoy teaching or want to help people, because money is not the reason to join the ranks of these careers. I could not imagine being suspended without pay and being made to wait for a decision that would affect the rest of your life.

	Created by pammyd13 almost 11 years ago

sophomore Education Law Note on Legal Reasearch, created by pammyd13 on 06/09/2013.

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