California teacher tenure law unconstitutional

[happyslug]

83. What are you talking about???? such Tenured teachers are FIRED all the time,

When it comes to sexual abuse, including having sex with a student OVER age 18, is grounds to be fired in ANY tenured track that I know of. Civil Service does NOT protect you from termination for willful misconduct, which includes anything NOT in the best interest of your employer.

Incompetency is also grounds to lose tenure and to be fired. Now, the burden is on the person saying a teacher is incompetent, but if the administration does its work, it can be done.

The problem is what people who CLAIM that you can not fire a tenured teacher, are really saying that they want the RIGHT to fire any teacher for any reason or no reason as long as the reason is not illegal. i.e. Shift the burden of proving the teacher was wrongfully fired from the Administration to the teacher.

African Americans complain of this burden of proof all the time. People discriminate against African Americas all the time, but it is up to the African American to prove the discrimination happened NOT on the person doing the discrimination is not discriminating (and the US Supreme Court has ruled that using statistics that shows a pattern of such discrimination does not prove discrimination for each case of discrimination must stand on its on evidence not statistics that such discrimination is occurring even if the statistics clearly shows it for one employer).

Remember, that is all tenure does, it shifts the burden of proof from the employee to the employer. A tenured teacher is assumed to be competent and operating within his or her employment contract (which includes tenure) and it is the administration that must show that the teacher is NOT performing within the employee's obligations within that contract.

What these people want is the ability to fire any teacher for no reason, and leave it up to the teacher to prove any illegal cause for the termination. i.e. if the teacher is accused of sexual misconduct, what the employer wants is the ability to fire the teacher without having to prove the sexual misconduct.

Example "We fired the teacher for he was living with a woman, who was a minor, who was not his wife".

Such termination would be upheld even if the girl involved was the DAUGHTER of the teacher (i.e a minor woman who is living with the teacher) until a court would hear the evidence and even then the termination would be upheld for such termination was within the "Right" of the employer for the teacher did not have tenure.

Sorry, incompetent tenure teachers, like incompetent civil servants, can be fired for cause. It requires work on the part of the Employer but it can be done. All Tenure does is shift the burden of proof as to who has to gather the evidence to support a claim for wrongful termination from the employee to the employer.