Unprofessional Conduct Teaching Elementary School Children W

Unprofessional Conductteaching Elementary School Childrenwith Intelle

Teaching elementary school children with intellectual disabilities requires skill, patience, and devotion, and those who undertake this task are among the unsung heroes of our society. Their difficult and challenging work rarely brings the prestige or financial rewards it deserves. Mrs. Pettit was one of those dedicated teachers.

Licensed to teach in California, she had been working with mentally challenged children for over thirteen years when her career came to an abrupt end. Throughout that career, her competence was never questioned, and the evaluations of her school principal were always positive. Teaching was not Pettit’s only interest, however. She and her husband viewed with favor various “nonconventional sexual lifestyles,” including “wife swapping.” Because so-called sexual liberation was a hot topic at the time, the Pettits were invited to discuss their ideas on two local television shows. Although they wore disguises, at least one fellow teacher recognized them and discussed Mrs. Pettit’s views with colleagues. A year later Pettit, then forty-eight years old, and her husband joined “The Swingers,” a private club in Los Angeles that sponsored parties intended to promote diverse sexual activities among its members. An undercover police officer, Sergeant Berk, visited one of those parties at a private residence. Amid a welter of sexual activity, he observed Mrs. Pettit perform fellatio on three different men in a one-hour period.

Pettit was arrested and charged with oral copulation, which at the time contravened the California Penal Code (although now it does only if one of the parties is under eighteen). After a plea bargain was arranged, she pleaded guilty to the misdemeanor of outraging public decency and paid a fine. The school district renewed her teaching contract the next academic year, but two years later, disciplinary proceedings were initiated against her. The State Board of Education found no reason to complain about her services as a teacher, and it conceded that she was unlikely to repeat her sexual misconduct. But the Board revoked her elementary school life diploma—that is, her license to teach—on the ground that by engaging in immoral and unprofessional conduct at the party, she had demonstrated that she was unfit to teach.

Pettit fought the loss of her license all the way to the California Supreme Court, which upheld the decision of the Board of Education. In an earlier case, the court had reversed the firing of a public school teacher for unspecified homosexual conduct, concluding that a teacher’s actions could not constitute “immoral or unprofessional conduct” or “moral turpitude” unless there was clear evidence of unfitness to teach. But Pettit’s case was different, the court explained. The conduct in the earlier case had not been criminal, oral copulation had not been involved, and the conduct had been private. Further, in that case the Board had acted with insufficient evidence of unfitness to teach; in Pettit’s case, three school administrators testified that in their opinion, her conduct proved her unfit to teach.

These experts expressed concerns that she would inject her views of sexual morality into the classroom, and they doubted that she could act as a moral example to the children she taught. Yet teachers, the court reaffirmed, are supposed to serve as exemplars, and the Education Code makes it a statutory duty of teachers to “endeavor to impress upon the minds of the pupils the principles of morality … and to instruct them in manners and morals.” In a vigorous dissent, Justice Tobringer rejected the opinion of the majority, arguing that no evidence had established that Pettit was not fit to teach. The three experts didn’t consider her record; they couldn’t point to any past misconduct with students or suggest any reason to anticipate future problems. They simply assumed that her sexual acts at the “swingers” party demonstrated her inability to set a proper example or teach moral principles. Such an attitude, Tobringer argued, is unrealistic, especially considering studies showing that 75 to 80 percent of women in Pettit’s educational level and age engage in oral copulation. The majority’s view “is blind to the reality of sexual behavior” and unrealistically expects teachers to exemplify Victorian principles of sexual morality in their private lives. Pettit’s actions, being private, could not have affected her teaching ability, and had the surveillance of her private life not occurred, the issue would never have arisen.

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Unprofessional conduct by teachers is a contentious issue that touches upon the boundaries between private life and professional responsibilities, especially when it pertains to moral conduct and suitability for teaching. The case of Mrs. Pettit exemplifies the complexities involved in assessing whether private behaviors, particularly those involving morality and sexuality, should impact a teacher’s credentials and fitness to serve in an educational role.

At its core, this discussion hinges on the nature of professionalism within the teaching profession, societal expectations of moral exemplarity, and the legal boundaries concerning privacy and individual rights. Teachers are generally expected to serve as role models, not only imparting academic knowledge but also embodying moral principles that influence students’ development. The Education Code's mandate that teachers endeavor to “impress upon the minds of pupils the principles of morality” underscores this expectation. However, determining the extent to which private conduct should influence a teacher's professional standing presents substantial challenges.

The case history reveals that Mrs. Pettit's private activities—attending swingers’ parties and engaging in sexual acts—were deemed incompatible with her role as a moral exemplar, leading to her license revocation. The courts justified this decision by emphasizing the potential influence such behaviors could have on her ability to model appropriate morals. Yet, critics argue that this conflates private morality with professional competence, raising questions about the infringement on personal privacy and whether private sexual conduct should be grounds for professional disqualification.

Arguments supporting the regulation of private conduct in the context of public trust note that teachers hold positions of significant influence and trust. Their moral standing is often considered essential for maintaining societal standards and fostering a safe, respectful learning environment. Hence, behavior that is deemed immoral by societal standards might reasonably warrant scrutiny. This view stresses that private conduct can be indicative of character and moral judgment, which are relevant to professional fitness.

Conversely, opponents of such policies contend that private sexual behavior, especially when consensual and conducted outside the school setting, does not necessarily reflect on an individual's teaching capabilities or moral integrity within the classroom. The dissenting opinion in Mrs. Pettit's case highlighted that her private acts did not demonstrate any misconduct involving students or an inability to perform her professional duties. Furthermore, it questioned the validity of using private morality as a criterion for licensure or employment, emphasizing privacy rights and suggesting that such measures might lead to unjust discrimination and moral panic.

Legal principles surrounding privacy protections and free expression complicate attempts to regulate private sexual behavior. As courts have recognized, individuals have a right to privacy in their personal lives, and using private conduct as a basis for professional sanctions risks overreach and infringement of civil liberties. The California Supreme Court’s decision upheld the Board of Education's ruling, reflecting a societal perspective that private morality can impact professional standing, especially when it affects societal perceptions of the teaching profession's moral standards.

This debate remains relevant in contemporary discussions about professional ethics, personal privacy, and the role of moral expectations in public service roles. While some argue that private conduct should remain separate from professional evaluation, others believe that moral character and private morality are intrinsically linked to a teacher’s ability to serve as a positive role model. The future of this issue depends on evolving societal values, legal precedents, and the balancing of individual rights against the public interest.

References

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