Teachers’ Off-Campus Behavior May Jeopardize Employment

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Can school boards discipline public school employees for non-criminal conduct that occurs off school grounds and outside school hours? The answer seems to be “yes.” The rationale for this policy is that public school teachers are “public officials”; therefore, the public has a significant interest in their conduct, regardless of where or when it takes place.

Connecticut courts have upheld terminations of teachers based on out-of-school conduct. For instance, in 1997, the Connecticut Appellate Court upheld the termination of a tenured teacher based on an arrest for possession of cocaine and drug paraphernalia, even though his record was expunged after completion of accelerated rehabilitation. The court reasoned that “due and sufficient cause [for termination] includes any ground which is put forward . . . in good faith and which is not arbitrary, irrational, unreasonable, or irrelevant to the committee’s task of building up and maintaining an efficient school system.” According to the court’s decision, in order to justify a termination, a teacher’s behavior “must necessarily have undermined [the teacher’s] capacity to effectively work with fellow staff members, sets an extremely poor example for students and staff and reflects personal values inconsistent with [his] continued employment as a teacher.”  The court also stated that “the impact of that conduct upon the operation of the school is a significant consideration.”

The bar has been set quite low for the types of behavior that may hinder a teacher’s ability to “effectively work” with colleagues. For instance, a teacher who moonlights as an adult filmmaker may be perceived as sexually objectifying women, hindering his ability to effectively work with female colleagues, as well as “setting an extremely poor example for students.” Although such behavior could implicate free speech protections, the Supreme Court has held that constitutionally protected speech must be weighed against an employer’s right to maintain an orderly workplace, and lower courts have applied this test in justifying terminations. For instance, in 2003, the United States Court of Appeals for the Second Circuit rejected a teacher’s claim that his termination for off-campus conduct violated the First Amendment, noting that a teaching position “requires a degree of public trust not found in my other positions of public employment,” and therefore, a teacher is “beholden to the views of parents in the community,” and any “disruption created by parents can be fairly characterized as internal disruption to the operation of the school.”

Teachers have found themselves in even more dangerous territory when their off-campus conduct has directly involved students. Just last month, a teacher in the Lebanon Public School district was placed on administrative leave pending an investigation of allegations of “inappropriate conduct,” after a video was posted on social media that showed her partaking in a weekend social gathering with students.

If you are facing disciplinary action from your employer, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.