Question

Paula Gibson, an elementary school teacher in an upscale progressive city, was arrested by an undercover policeman for openly engaging in sexual activity with two men at a singles’ club party. She was recommended for dismissal by her principal, Hank Doss, based on this conduct. Her defense was that these acts took place at a private party and should have no impact on her capacity to teach.

1. Does Paula have a justifiable defense in this situation? Why or why not?

2. What standards would the court use in ruling this case?

Answer 1

1. Does Paula have a justifiable defense in this situation? Why or why not?

In this situation Hank Doss’s decision to dismiss Paula Gibson is justifiable.She was arrested as part of a crime which is unethical to her profession and will definitely ruin the institution’s name she is working. Teacher profession is something which should be held at almost sanity and very responsible, because as a teacher she is the one who should be role model to the students.

After arrest even if the court not convicting her for this act as this is her private affair, her ability to continue in her profession will be questioned. It is a clear indication that she if unfit to teach students with this incident.

Paula Gibson can try to defend the situation and she can defend using the point that this incident doesn’t impact her capacity to teach and it was private party. But as this is an unethical act and her profession is something which demands high standard among students and parents, the School Principal’s decision to dismiss her will outweigh Pula’s defense. Because they interact and work with students as well as parents on a daily basis and they will definitely object the decision of School is they are planning to retain her. And it will definitely cause bad reputation to the institution. So institution can take a decision in this scenario against Pula’s defense.

2. What standards would the court use in ruling this case?

There is a very less probability that the court will rule in favor of Paula Gibson. As per the situation and considering the kind of profession Pula Gibson is handling, court would recommend the school authority to take a disciplinary action or to provide a dismissal notice to her for the charges which are against her. As per the law, her license or certificates for the qualification of a teacher can be revoked as it went public and her profession especially demands high standards.

As per the normal protocol she would have been provided permanent dismissal or temporary suspension for a long term considering the fact that the charge against her coming under the behavior of ‘bad conduct’ and ‘unethical’ for the profession.

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