Employment Termination in Education Institutions

NB: We do not resell your papers. Upon ordering, we do an original paper exclusively for you.

NB: All your data is kept safe from the public.

Table of Contents

Introduction
Case Overview
Conclusion
References

Introduction

In the educational sphere, teachers have a wide variety of responsibilities and considerations to keep in mind. Upholding the standards of a given institution, teaching curriculum, interacting with both the teachers and staff – all of these actions take thoughtfulness to complete. Much of the work a teacher performs is centered on talking with other people or finding the correct ways to interact with their students. As a result, problems based on individual beliefs or conflicts are often bound to emerge. When teachers are fired over being unable to follow guidelines, they often decide to start lawsuits. Studying such lawsuits, and their rulings can be productive for future educators. The process highlights some of the emerging issues in the educational process and provides an opportunity to consider one’s own standards of conduct. For this overview, the case of Vlaming v. West Point School Board will be considered.

Case Overview

Case Background

Peter Vlaming was a French teacher at Virginia’s West Point High School for 10 years. In 2018, the man was unanimously voted to be fired by the school board. The reason for Vlaming’s firing was his refusal to call a transgender student by their preferred pronouns (Morris, 2022). According to the retelling of the events from the court documents, the teacher refused to use the correct pronouns for his transgender male student. Vlaming consistently called all other male students by their pronouns but avoided doing so in the case of that particular student (“Amicus brief – Vlaming v. West Point school board,” 2022). When forced to use pronouns, Vlaming used “she/her” instead, which did not conform with the teen’s gender identity. When confronted by the school board, Vlaming further refused to change his speech, citing a difference in belief. According to West Point High School’s non-discrimination policies, the man was subsequently fired. Following this event, the man found support from the Alliance Defending Freedom Center, which provided him with attorneys. On September 27, 2019, Vlaming sued the School Board for a violation of his right to free speech. The subsequent trial discussed free speech in regard to its effect on a K-12 teacher’s job.

Legal Proceedings

The court has reviewed the case and its surrounding details. Three main points opposing Vlaming’s argument were presented, invoking both local and state-wide policies. The arguments presented against the defendant effectively countered his claims of free speech and provided a pointed look at why his actions were considered inappropriate. First, it was declared that Vlaming’s treatment of the transgender student subjected said student to “harmful and unequal treatment” (“Amicus brief – Vlaming v. West Point school board,” 2022). According to the data cited in the legal brief, transgender students in K12 report harassment by other students and staff, primarily in cases where their pronouns are not used appropriately. The teacher’s refusal to use pronouns and his misgendering of the male students were noted by both the subject of discrimination and other students.

There was a tangible effect on the education environment because of Vlaming’s actions. This effect, combined with the school’s non-discrimination policies, is the key reason Vlaming’s speech was considered inappropriate. In addition, it was noted that the defendant’s claims of free speech do not apply in this case. When a teacher addresses their students, they speak not as private individual, but instead representing their employer and the education system as a whole. Because of this, teachers have an obligation to follow certain rules and guidelines on how to talk to their students, including correct pronoun usage. It is noted, however, that the school is capable of restricting the free speech of a person only as far as it affects the quality of education and public services (“Amicus brief – Vlaming v. West Point school board,” 2022). Because Vlaming’s word choice adversely affected the student in question and formed an unwelcoming educational environment, it was put under control by the school board (“Amicus brief – Vlaming v. West Point school board,” 2022). The last argument of the court pertained to the ability of a K-12 teacher to use their freedom of speech in discriminatory ways. Regardless of any standard of free speech employed, it is impossible to assert Vlaming’s words as acceptable (“Amicus brief – Vlaming v. West Point school board,” 2022). The refusal to use a transgender person’s preferred pronouns in the classroom is a straightforward case of identity discrimination. It falls perfectly in line with general non-discrimination policies. The general non-discrimination guidelines, as they are present in the given school, were not ruled to be targeted at any exercise of religious or personal belief, making Vlaming unable to claim so. The combination of these three arguments made it difficult for any of the former teacher’s claims to stand in court.

Conclusion

After reviewing the details of the case, and Vlaming’s arguments, the court has decided to dismiss his free speech discrimination charges. Most of Vlaming’s claims were refuted, with the exception of one regarding a potential employment contract breach (“Vlaming v. West Point School Board,” 2021). While the case is still ongoing, it is unlikely that Vlaming or the organization that supports him will achieve a victory (“Vlaming v. West Point School Board,” 2022). This legal case and the actions of the former teacher in question show how important inclusion and consideration are in a K-12 environment. While many individuals consider their freedom of speech as uniquely important, employment in an educational sphere brings unique challenges and caveats to this idea. Furthermore, it is also an important reminder that free speech protections do not cover discrimination or hate speech. Any up-and-coming teacher must ensure that their work promotes a healthy and supportive environment for the students.

References

Amicus brief – Vlaming v. West Point school board. (2022). American Civil Liberties Union. Web.

Morris, A. (2022). VA Supreme Court hears case of teacher fired for refusing to call transgender student by preferred pronoun. CBN News. Web.

Vlaming v. West Point school board. (2021). National Center for Lesbian Rights. Web.

Vlaming v. West Point school board. (2022). Alliance Defending Freedom – Protecting Religious Freedom. Web.

Click Here To Order Now!

Employment Termination in Education Institutions

Do you need this or any other assignment done for you from scratch?

We have qualified writers to help you.

We assure you a quality paper that is 100% free from plagiarism and AI.

You can choose either format of your choice ( Apa, Mla, Havard, Chicago, or any other)