Legal Tips

You can’t always protect yourself from litigation. But you can protect yourself from the financial burden of a hefty court decision against you. Make sure you are adequately covered against possible litigation by following these tips:

Follow all procedures stated in the faculty handbook. Failure to follow stated procedures could lead to the charge of insubordination. The consequences of not knowing procedures are severe. Negligence - failing to do something you should have done - usually is the basis for lawsuits.

Never leave students you are responsible for unsupervised.

Don’t use unreasonable physical force or touch to demand student compliance.

Instructional assignments should always be appropriate.

Report all dangerous situations to an administrator.

Do not transport students in private vehicles.

The following reasons are grounds for teacher dismissal according to state statute

115c-325 (n):

a. Inadequate Performance: Examples include

(1) physical and mental incapacity

(2) lack of knowledge or ability to impart knowledge

(3) failure to adapt to new teaching methods

(4) physical mistreatment of students

(5) violation of school rules

(6) violation of duties to superiors or co-workers

(7) lack of cooperation

(8) persistent negligence

(9) failure to maintain discipline

(10) personal misconduct

b. Incapacity: Physical, mental, or emotional illness or disability that is permanent and incurable and that incapacitates the employee from performing educational tasks is an indisputable ground for discharge.

c. Insubordination: A single insubordinate incident, if sufficiently serious, supports discharge. Courts have excused and reinstated employees where the actions were not willful, persistent, or very serious. Some examples of the charge are taking time off work without official authority, encouraging students to disobey or disrespect school authorities, and disrupting school harmony by criticism of school superiors.

d. Unprofessional Conduct: The standard of conduct unbecoming of a teacher is broad. It has been held to include the following actions:

  • offensive language and abuse of corporal punishment in dealing with students
  • threatening and insulting fellow teachers in the presence of students
  • taking time off without permission of superiors
  • use of classroom time to promote partisan political causes
  • inspiring disloyalty to school superiors
  • Immorality: Immorality includes dishonesty, sexual misconduct, criminal action, misappropriation of school funds
  • Habitual and excessive use of alcohol
  • Conviction of a felony or a crime involving moral turpitude
  • Advocating to overthrow the U.S. Government
  • Failure to comply with duties and responsibilities imposed by the school board or General Statute
  • Failure to maintain teaching certificate in a current status