Legal expert: Haslett can take action against drunk-shaming teachers

While officials of the Haslett Public Schools continue to claim they are unable to take any action against teachers involved in a June 2007 drunk-shaming incident, a Michigan State University law professor, who is also a Haslett parent, disagrees.

Constitutional law professor Frank Ravitch said in a recent interview that while district officials are correct to assert that the Teacher Tenure Act and collective bargaining agreement language would prevent the district from firing those involved, there are other options available between the two extremes of termination and doing nothing.

“There are levels of discipline above nothing and short of termination, and there are incidents around the country where school boards have been able to discipline people for off-campus conduct that really casts questions about the individual’s ability to be role models and so forth,” Ravitch said. “I think there are questions about alcohol and drug counseling, sensitivity training, those sorts of things. Requiring that people go to those sorts of things would not violate the tenure act.”

Ravitch, who said that overall he is very happy with the school district and reports glowingly on its academics, said he was pleased that the board on Oct. 26 moved to address policies to make sure “this never happens again.”

Mike Duda, superintendent of the Haslett Schools has declined to comment. But in a statement read to the public at the meeting last month, the former MSU football player said:

No criminal charges have been brought against anyone involved in this incident. In our legal system, it is “innocent until proven guilty,” and if a crime has been committed, it is for law enforcement agencies to decide.

At this point, the district has no legal recourse to take action toward any staff member who allegedly attended that private party held on private property. If criminal wrongdoing by anyone involved is found, we will not hesitate to take disciplinary action.

Ravitch says Michigan law does allow for action to be taken without criminal prosecution. He points to the Michigan School Code, Revised, which defines unprofessional conduct as “1 or more acts of misconduct; 1 or more acts of immorality, moral turpitude, or inappropriate behavior involving a minor; or commission of a crime involving a minor. A criminal conviction is not an essential element of determining whether or not a particular act constitutes unprofessional conduct.”

Under that law, school districts are required to document unprofessional conduct and present it to other districts if an employee seeks employment in another district. This law is specifically referenced in the collective bargaining agreement between Haslett Public Schools and Haslett Education Association.

In addition, the Michigan Education Association, of which Haslett Education Association is a part, has a strict code of conduct for educators. That code is adopted as part of membership in the National Education Association.

“This would appear to give the board the grounds to do something going forward,” Ravitch said. “There certainly appears there is, or could be, a violation of [rules of professional conduct].”

Michigan Messenger sought response regarding this law from the Haslett attorneys from Thrune Law Firm, but they did not return calls. Messenger also sought comment from Duda, who declined to comment on the law and its application to this situation.

Ravitch also responded to public statements by Duda which seemed to paint coverage of the situation as an attempt to “besmirch” the reputation of Haslett.

In his board statement, Duda said:

We have more than 300 dedicated staff members in the Haslett School District, a wonderful Board of Education, an enthusiastic Foundation for Haslett Schools, great students, parents, and volunteers. They make up a caring community of which I am immensely proud to be a member.

To try to destroy the excellent reputation earned by our entire school district and brand this district as intolerant, uncaring and insensitive because of the thoughtless actions of a few, is unfair and unacceptable.

Calling it a “teaching moment,” Ravitch said the conversation that has resulted in the district has been healthy.

“What I think is very good, now the community has come together to discuss the sort of issue that doesn’t come up very often. That is the treatment of fellow human beings,” Ravitch said. “This is a very good school district, and I think attention needs to be called to that. I don’t think you can say we’re 99 percent good so we don’t have to deal with the one percent that is bad.”