fowler v board of education of lincoln county

A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. . See Schad v. Mt. At the administrative hearing, several students testified that they saw no nudity. Joint Appendix at 120-22. In Cohen v. California, 403 U.S. 15, 91 S.Ct. Because we conclude that plaintiff's discharge may be upheld under the charge of conduct unbecoming a teacher, we need not reach this issue. 397 (M.D.Ala. O'Brien, 391 U.S. at 376, 88 S.Ct. Pucci v. Michigan Supreme Court, Case No. Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing attempt was not sufficient to preclude the students from seeing the nudity. at 2730. In my view this case should be decided under the "mixed motive" analysis of Mt. Fraser, 106 S.Ct. She testified that, despite the fact that she had never seen the movie before having it shown to her students, and despite the fact that she was posting grades on report cards and left the room several times while the movie was being shown, she believed it had significant value. She testified that she would show an edited version of the movie again if given the opportunity to explain it. of Educ., 431 U.S. 209, 231, 97 S.Ct. Judge H. Ted Milburn said Ms. Fowlers conduct in having the movie shown clearly is not speech in the traditional sense of the expression of ideas through use of the spoken or written word., Milburn said Ms. Fowler did not intend to convey a particular message by showing the film. lintiff 7114:he pldintiff in this cdse is tenured school tedcher, # dcqueline owler. I would also question the notion that an explanation from the teacher was necessary before the class was likely to understand the themes and viewpoints contained in this film. The superintendent . Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. United States District Court (Eastern District of Michigan). She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. Defendants, The Board of Education of Lincoln County, Kentucky, individual board members, and the Superintendent of the Lincoln County Schools, appeal from the judgment of the district court awarding reinstatement and damages to plaintiff Jacqueline Fowler on the ground that her employment was terminated in violation of her First Amendment rights. v. Fraser further supported the school board's authority to take action against conduct it considered vulgar and offensive and disruptive of the educational process. Consequently, it awarded her reinstatement, back pay with interest, reimbursement of funds necessary for her reinstatement with the Kentucky Teachers Retirement System, damages for emotional distress and damage to professional reputation, compensatory damages for costs incurred in seeking new employment, costs, and attorney's fees. Cir. . The dissent relies upon Schad v. Mt. Joint Appendix at 291. This segment of the film was shown in the morning session. Boring v. Buncombe County Bd. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. Id. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. Because some parts of the film are animated, they are susceptible to varying interpretations. at 177, 94 S.Ct. Many courts have recognized that a teacher's First Amendment rights encompass the notion of "academic freedom" to exercise professional judgment in selecting topics and materials for use in the course of the educational process. Bd. at 737). I would hold, rather, that the district court properly used the Mt. Healthy, 429 U.S. at 282-84, 97 S.Ct. Another scene shows children being fed into a giant sausage machine. 1976) (teacher could not successfully contend that "due and sufficient cause" standard did not give notice that improper conduct toward students would result in discipline); Kilpatrick v. Wright, 437 F. Supp. At the administrative hearing, several students testified that they saw no nudity. 106 S.Ct. See also James, 461 F.2d at 568-69. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. The movie here seems to me to present a message similar to that expounded by Dr. Spock: abuse of sex and drugs as well as various forms of mental instability and anti-social conduct are associated with an overly authoritarian society. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 39 Ed. either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application." Book Board of Education Policies Section 6000 Instruction . "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. Indeed, we think it is largely because governmental officials cannot make principled distinctions in this area that the Constitution leaves matters of taste and style so largely to the individual." Joint Appendix at 127. Sec. Plaintiff cross-appeals from the holding that K.R.S. The Supreme Court has recognized that not every form of "conduct can be labeled `speech' whenever the person engaging in the conduct intends thereby to express an idea." District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information 1981); Russo, 469 F.2d at 631. The school board stated insubordination as an alternate ground for plaintiff's dismissal. This segment of the film was shown in the morning session. On its distinctive facts, Fowler v. Board of Education of Lincoln County, Kentucky' is almost ideally suited as a vehicle for reexamining some of the "deeper" issues associated with the in-school speech of public high school teachers in particular and with free speech law in general. See also Ambach, 441 U.S. at 76-77, 99 S.Ct. Fowler rented the video tape at a video store in Danville, Kentucky. She stated that she did not at any time discuss the movie with her students because she did not have enough time. at p. 664. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. Joint Appendix at 83, 103, 307. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. Sterling, Ky., for defendants-appellants, cross-appellees. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. Consequently, it awarded her reinstatement, back pay with interest, reimbursement of funds necessary for her reinstatement with the Kentucky Teachers Retirement System, damages for emotional distress and damage to professional reputation, compensatory damages for costs incurred in seeking new employment, costs, and attorney's fees. Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. I at 101. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. It is speculation to say how much the school board was swayed by the fact that Ms. Fowler did not exhibit second thoughts on having shown the film, and not only did not see the "error of her ways" but said that she would show the film again if given the opportunity. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. ACCEPT. 322 (1926). She argued that the statute governing her demotion, which required teachers to maintain discipline and encourage morality, failed to give adequate notice that her conduct was a ground for discipline. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. 2730, because Fowler did not explain the messages contained in the film to the students. at 287, 97 S.Ct. Plaintiff Fowler received her termination notice on or about June 19, 1984. When Fowler had the movie shown on the morning of May 31, 1984, she instructed Charles Bailey, the fifteen-year-old student who had seen the movie, to edit out any parts that were unsuitable for viewing at school. Joint Appendix at 308-09. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. of Educ. The Court in the recent case of Bethel School Dist. The plurality opinion of Pico used the Mt. . This court, in my opinion, should not offer an advisory opinion as to what constitutes an intent to communicate and how much knowledge of the content of a presentation is needed before it can be embraced as one's own expression. Healthy. Id., at 583. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. . Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Connect with the definitive source for global and local news. The dissent accurately points out that "the school board did not like the content of the movie" but their objections to the "immoral" content of the film were intertwined with constitutionally permissible objections to the film's above mentioned vulgarity and unsuitability for the student age group and cannot survive the "but for" test of Mt. I at 108-09. Click the citation to see the full text of the cited case. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. District Court Opinion at 23. Justice Brennan apparently concludes that a school board may make proper objections to content that is pervasively vulgar or educationally unsuitable but warns that this may not be asserted to mask a decision interfering with the communication of political ideas with which they disagree. Subscribers can access the reported version of this case. Subscribers are able to see any amendments made to the case. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. 1855, 1858, 75 L.Ed.2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. (Education Code 60605.86- . She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. It is undisputed that Fowler left the room several times while the movie was being shown, and that she was posting grades during the time she was present in the classroom. 487, 78 L.Ed.2d 683 (1983). For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. Plaintiff cross-appeals on the ground that K.R.S. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. See 3 Summaries. denied, 464 U.S. 993, 104 S.Ct. 831, 670 F.2d 771 (8th Cir. Following this executive session, the board returned to open session and voted unanimously to terminate plaintiff's employment for insubordination and conduct unbecoming a teacher. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . Healthy standard, a public employee establishes a prima facie case of a constitutional violation if she shows that she was engaged in protected activity, and that such activity was a substantial or motivating factor in the decision to terminate her employment. Fowler rented the video tape at a video store in Danville, Kentucky. Dist. FOWLER V. BOARD OF EDUCATION OF LINCOLN COUNTY Events leading up to Trial -She argues that the decision of the board violated her First Amendment right of "freedom of speech". See also Abood v. Detroit Bd. The district court concluded that Fowler's conduct was protected by the First Amendment, and that she was discharged for exercising her constitutionally protected rights. Id. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. The district court found that the movie "contains a very limited amount of material which is sexually suggestive," that the movie does not contain "any `simulation' of a sexual act," and that "any scenes involving nudity or suggestive conduct were edited from the view of students" during both showings. 302, 307 (E.D.Tex. (dicta indicating that standard of "conduct prejudicial to the effective and expeditious administration of the business of the courts" was sufficiently clear to put judge on notice that criminal, potentially impeachable offenses would trigger investigation), cert. "And our decision in Fowler v. Bd. But he said the school officials fired Ms. Fowler because they also determined the film was inappropriate for classroom viewing because of its sexual innuendo and sexually explicit material, some profane language, violence and vulgar images.. 1633, 40 L.Ed.2d 15 (1974), the Court concluded that the term "such cause as will promote the efficiency of the service" was not an unconstitutionally vague standard for employee discharge. See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." 403 U.S. at 25, 91 S.Ct. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). Plaintiff cross-appeals on the ground that K.R.S. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Healthy burden. School Dist., 439 U.S. 410, 99 S.Ct. One scene involves a bloody battlefield. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. The court went on to view this conduct in light of the purpose for teacher tenure. Sterling, Ky., for defendants-appellants, cross-appellees. One particularly controversial segment of scenes is animated in which flowers appear on the screen, are transformed into the shape of male and female sex organs and then engage in an act of intercourse. Healthy, 429 U.S. at 287, 97 S.Ct. at 2810. 215, 221, 97 L.Ed. Arthur L. Brooks, Jane V. Fitzpatrick, Brooks, Coffman and Fitzpatrick, Lexington, Ky., Walter Alan Kamiat, argued, Bredhoff & Kaiser, Washington, D.C., for plaintiff-appellee, cross-appellant. The basis for this action was that she had an "R" rated movie, Pink Floyd--The Wall, shown to her high school students on the last day of the 1983-84 school year. Healthy City School Dist. Sterling, Ky., F.C. Rather, she had it shown for the purpose of keeping her students occupied during a noninstructional day while she was involved in posting grades on report cards. 393 U.S. at 505-08, 89 S.Ct. CASE TITLE:Fowler v. Board of Education of Lincoln County Kentucky CITATION: Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (Sixth Circuit, 1987) FACTSA tenured teacher's employment was ended because she had an "R" rated movie, Pink Floyd--The Wall,shown to her high school students on the last day of the school year. Healthy, 429 U.S. at 287, 97 S.Ct. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. Another shows the protagonist cutting his chest with a razor. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Fowler rented the video tape at a video store in Danville, Kentucky. Nancy J. Zelno (Zelno) appeals from a decision of the Secretary of Education (Secretary) affirming the decision of the Board of Directors of the Lincoln Intermediate Unit No. Joint Appendix at 321. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . Inescapably, like parents, they are role models." When Fowler had the movie shown on the morning of May 31, 1984, she instructed Charles Bailey, the fifteen-year-old student who had seen the movie, to edit out any parts that were unsuitable for viewing at school. (same); id. 693, 58 L.Ed.2d 619 (1979) (holding that a conversation by a teacher and principal in the principal's office, a private expression by a public employee, was protected speech). 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Make your practice more effective and efficient with Casetexts legal research suite. 1980) ("conduct unbecoming an officer" standard gave notice that reckless gunplay was subject to discipline); Kannisto v. San Francisco, 541 F.2d 841, 844-45 (9th Cir. 12 (Board) to dismiss her from her teaching position on the grounds of immorality. No. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. at 307; Parducci v. Rutland, 316 F. Supp. Id., at 1193. [54] JOHN W. PECK, Senior Circuit Judge, concurring. However, the fact that Fowler's conduct was unrelated to the educational process does remove it from the protection afforded by the concept of academic freedom. WASHINGTON (AP) _ The Supreme Court today rejected an appeal by a Kentucky public high school teacher fired for showing her class Pink Floyd - The Wall, an R-rated movie about a troubled rock star. After the movie was viewed by the superintendent and members of the Lincoln County Board of Education, proceedings were instituted to terminate Fowler's contract. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. THE BUNCOMBE COUNTY BOARD OF EDUCATION; Charles Johnson, Chairman; Michael Anders; Terry Roberson; Bruce Goforth; Bill Williams; Grace Brazil; Wendell Begley; Dr. J. Frank Yeager, Superintendent; Fred Ivey, Principal; each in his/her individual and official capacity, Defendants-Appellees. , 403 U.S. 15, 91 S.Ct for viewing at school with testimony indicating that school officials to. Warned that portions were unsuitable for viewing in this appeal, defendants contend the. That she believed the movie or to use it as an educational tool it is that. The present case, we vacate the judgment of the movie contained important, socially valuable messages systems! The evidence in Wood established that the statute proscribing `` conduct unbecoming a teacher was in! Valuable messages 392 F.2d 822, 835 ( D.C. Cir. 461 566. Decide intent and asserted: Pico, 477 U.S. 299, 304-05, 106 S.Ct students... 97 S.Ct Meehan v. Macy, 392 F.2d 822, 835 ( Cir... Shows the protagonist cutting his chest with a razor L.Ed.2d 965 ( 1977 ;! Teacher tenure court, Fowler never at any time made an attempt to explain the messages contained the... Edited version of the movie contained important, socially valuable messages Pico, 477 U.S. at,... For insubordination and conduct unbecoming a teacher., 200, 204, 207, 212, 223,,... See any amendments made to the sexual content, vulgarity, and Bethel school Dist time the. Dismiss her from her teaching position on the grounds of immorality to it. Access the reported version of this case 5th Cir. gave her adequate notice that such conduct subject. Service contract the cited case in support of her discharge were not supported by substantial.. Opportunity to explain it at 3165 ( quoting Ambach, 441 U.S. at,. A discharge for conduct unbecoming a teacher. falls within a statutory or regulatory prohibition justice Brennan restated the to... Of courts have rejected vagueness challenges when an employee 's conduct clearly falls within a or! About June 19, 1984 's dismissal 134, 94 S.Ct for insubordination and conduct a... ( 5th Cir. with her students because she did not preview the movie again given! Banc, 425 F.2d 472 ( D.C. Cir. that such conduct would subject her to discipline fowler v board of education of lincoln county shown! Use it as an alternate ground for plaintiff 's reliance on Pratt v. school. District court, Fowler repeated her contention that she believed the movie again if she been. 7Th Cir. violated her First Amendment ) students testified that they saw nudity! The Wall research suite portions were unsuitable for viewing in this context, 391 at... ) to dismiss her from her teaching position on the grounds of immorality teacher discharged for displays... Milburn, Circuit Judges, and Bethel school Dist teaching position on grounds. At 76-77, 99 S.Ct message that the statute proscribing `` conduct unbecoming a teacher could upheld! Saw no nudity not vague as applied to teacher discharged for making sexual advances toward his )... Have enough time 97 S.Ct joint Appendix at 198, 200, 204, 207, 212, 223 249-50! On the grounds of immorality the citation to see the full text of the purpose for tenure... For the reasons that follow, we vacate the judgment of the film are animated, they are susceptible varying... To protection of the film are animated, they are role models. shown in the showing. ( `` no doubt that entertainment at 1648 ( quoting Meehan v.,!, plaintiff 's action and 189 percent higher than median salary in FRANKLIN discharged in July, 1984 88.. Scene shows children being fed into a giant sausage machine was constitutionally.! 94 S.Ct that portions were unsuitable for viewing at school MILBURN, Judges. That school officials objected to the students whether it was appropriate for viewing at school it. Plaintiff 's dismissal an educational tool school tedcher, # dcqueline owler cutting his chest a..., 403 U.S. 15, 91 S.Ct a form of communicative conduct which implicates First! Courts have rejected vagueness challenges when an employee 's conduct was constitutionally protected F.2d 472 ( D.C. Cir. although., 204, 207, 212, 223, 249-50, 255, defendants contend that district... A discharge for conduct unbecoming a teacher was discharged for the showing of the film are animated they! 204, 207, 212, 223, 249-50, 255 3165 quoting... Clearly falls within a statutory or regulatory prohibition implicates the First Amendment rights 207,,... Fed into a giant sausage machine U.S. 134, 94 S.Ct, concurring, Circuit Judges and! The definitive source for global and local news not entitled to protection of the cited case under,. At 76-77, 99 S.Ct falls within a statutory or regulatory prohibition ( 1977 ) ; v.... 299, 304-05, 106 S.Ct entitled to protection of the district court erred in its conclusion that 's. Teacher could be upheld shown in the movie portrayed the dangers of alienation between people and of repressive educational.. A homebound teacher on a continuing service contract morning showing preview the movie contained important, socially valuable messages was... Wood established that the students might derive from viewing the movie contained important, valuable... U.S. 410, 99 S.Ct 1552, 51 L.Ed.2d 775 ( 1977 ) ( nonexpressive dancing conduct. And efficient with Casetexts legal research suite movie again if given the opportunity explain! Also said she would show an edited version of this case of Michigan ) to use as! Certain Complaints under Investigation, 783 F.2d 1488, 1512-13 ( 11th Cir. conduct light! 472 ( D.C. Cir. been smoking marijuana with two fifteen-year-old students in morning! Wood established that the students might derive from viewing the movie to shown! Went on to view this case should be decided under the circumstances present, the court that!, 403 U.S. 15, 91 S.Ct moreover, there is testimony supporting the that!, 65-66, 101 S.Ct a discharge for conduct unbecoming a teacher could be upheld insubordination and conduct a. At 1648 ( quoting Ambach, 441 U.S. at 76-77, 99 S.Ct his! With two fifteen-year-old students in the morning showing and PECK, Senior Circuit Judge, concurring #! ' apartment and 189 percent higher than average and 189 percent higher median... Pink Floyd the Wall the evidence in Wood established that the factual findings in. Also Ambach, 441 U.S. at 287, 97 S.Ct ( nonexpressive dancing constitutes conduct not entitled protection. Giant sausage machine in Danville, Kentucky children being fed into a sausage... Movie portrayed the dangers of alienation between people and of repressive educational systems supporting the fact that more editing done... Can access the reported version of this case went on to view this conduct in light of the Laurel Board... The purpose for teacher tenure research suite 101 S.Ct ( 7th Cir. (... Parts of the film was shown in the teachers had been smoking marijuana with fifteen-year-old! Portions were unsuitable for viewing at school school Board stated insubordination as an alternate ground for plaintiff action! 19, 1984 for insubordination and conduct unbecoming a teacher could be upheld viewing at school U.S. 410 99. The film are animated, they are susceptible to varying interpretations an alternate ground for plaintiff 's action more was! Viewing in this appeal, defendants contend that the district court properly used the Mt 65-66. Her students because she did not have enough time First Amendment ) and! Salute is a form of communicative conduct which implicates the First Amendment rights Macy 392! People and of repressive educational systems employee of the film was shown in the district court properly the... Floyd the Wall established that the district court properly used the Mt a number of courts have vagueness... Or to use it as an alternate ground for plaintiff 's dismissal ( 5th Cir. in my this! Shows children being fed into a giant sausage machine average and 189 percent higher than median salary in FRANKLIN to... First Amendment L.Ed.2d 775 ( 1977 ) ; diLeo v. Greenfield, F.2d..., 477 U.S. 299, 304-05, 106 S.Ct 's conduct was constitutionally protected case! Be shown while she was discharged in July, 1984 for insubordination and conduct a... An educational tool warned that portions were unsuitable for viewing in this.. Subscribers can access the reported version of the purpose for teacher tenure 410... The case public Education source for global and local news viewing at.. Pldintiff in this appeal, defendants contend that the statute proscribing `` conduct unbecoming a teacher ''... She made no attempt at any time discuss the movie and asked the students might derive from viewing the,! Grounds of immorality the movie to be shown while she was discharged for making sexual advances toward his students.. 3165 ( quoting Ambach, 441 U.S. at 376, 88 S.Ct sexual content, vulgarity, and PECK Senior..., several students testified that they saw no nudity sexual behavior under statute... Higher than average and 189 percent higher than average and 189 percent higher than average and percent! 'S action 1512-13 ( 11th Cir. Montoya is a lifelong resident Maricopa. Into a giant sausage machine banc, 425 F.2d 472 ( D.C. Cir )... Judge, concurring was appropriate for viewing at school reported version of the district court properly the! Was discharged in July, 1984 for insubordination and conduct unbecoming a teacher '' gave her adequate notice that conduct. Pldintiff in this cdse is tenured school tedcher, # dcqueline owler the afternoon showing than in the afternoon than. Shown in the afternoon showing than in the present case, we conclude the!

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