TIP: Click on subject to list as thread! ANSI
echo: educator
to: DAN TRIPLETT
from: MATT SMITH
date: 1997-03-23 23:04:00
subject: Re: Tenure

DT> MS>    There are 17 appeals-court-level cases on firing tenured 
DT> teachers
DT> MS>in  this state.  The key one "Thompson vs. Bd. of Education" shows
DT> MS>that even  physical abuse that would get a parent arrested if he 
DT> did
DT> MS>it to his own kid  will not be sufficient to fire a tenured 
DT> teacher.
DT> 
DT> Not having these cases before me for my review puts me at a 
DT> disadvantage.  I'm am sure that there are circumstances that were 
DT> found 
DT> by the court to be insufficient cause for dismissal.  Again, I would 
DT> need to see the precise documented cases to know for sure, 
    Find some library up there with Lexis (maybe a college, certainly any law 
school) and look up the Thompson cases:
        Thompson vs. Bd. of Education: 230 S.E.2d 164
        Thompson vs. Bd. of Education: 233 S.E.2d 538
    I don't know what Lexis offers now, but you _may_ be able to download it 
to a diskette or hard drive as a CD-ROM of North Carolina statutes and cases 
lets me do.  
    The first case I listed (Court of Appeals) upheld his firing; the second 
(State Supreme Court) said that there was, as you put it, insufficient cause. 
 Both opinions detailed his actions.  See if _you_ think tenure should 
protect such teaching.
DT> that you are making a big leap when you suggest that teachers can get 
DT> away with abusing a student physically.  Such actions are considered 
DT> a 
DT> crime in every state...it's called assault.  
    Read the Thompson cases, and then ask any cop you know if a parent doing 
the things you read about would be charged with child abuse.  Cops here tell 
me that such a parent would be arrested.
DT> teacher can assault students with no fear of any consequences, I 
DT> seriously doubt your sincerity.
    There were no consequences for Thompson: he kept his job, and was not 
criminally charged.
DT> So what is your bottom line here?  Do away with tenure?  
    Yes.
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