Cited 63 times, 51 S. Ct. 532 (1931) | Healthy City School Dist. 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. at 159 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S. Ct. 2880, 37 L. Ed. You're all set! Cited 164 times, 500 F.2d 1110 (1974) | The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. 63 S. Ct. 1178 (1943) | 1098 (1952). In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. . Joint Appendix at 83, 103, 307. At the administrative hearing, several students testified that they saw no nudity. Plaintiff Fowler received her termination notice on or about June 19, 1984. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. The Court in Mt. Fowler rented the video tape at a video store in Danville, Kentucky. Another shows police brutality. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Ms. Fowler, a former teacher of the year at the school who taught civics and Latin, said she did not watch the movie herself before showing it to the students. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S. Ct. 733, 736, 21 L. Ed. Spence v. Washington, 418 U.S. 405, 409-10, 94 S. Ct. 2727, 2729-30, 41 L. Ed. 393 U.S. at 505-08, 89 S. Ct. at 736-37. Joint Appendix at 82-83. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. Writing for the Court, Justice Harlan stated that "while the particular four-letter word being litigated her is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man's vulgarity is another's lyric. The root of the vagueness doctrine is a rough idea of fairness. Consciously or otherwise, teachers. Cited 9 times, Cary v. Board of Education of Adams-Arapahoe School District 28-J, 598 F.2d 535 (1979) | Cited 711 times, 94 S. Ct. 1633 (1974) | 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. We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. (Similar to, this one=the material was not appropriate for the student audience and the teacher did not, have a specific message to communicate to the students--since she did not prepare the material, The termination was upheld and with no back pay, damages or reinstatement based, First Amendment to the United States Constitution. Id., at 159, 94 S. Ct. at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S. Ct. 2880, 2897, 37 L. Ed. In the present case the district court concluded that Mrs. Fowler was entitled to the protection of the First Amendment while acting as a teacher. at 307; Parducci v. Rutland, 316 F. Supp. The school board was also motivated by the poor judgment used by the teacher in not previewing an R-rated film and in the cavalier manner in which she allowed the film to be shown and "edited" by a student. . Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. v. Pico, 457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed. of Educ. Healthy burden. 10. Cited 60 times, 616 F.2d 1371 (1980) | 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). ", Bidirectional search: in armed robbery Healthy, 429 U.S. at 287. Cited 236 times, 101 S. Ct. 2176 (1981) | 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. Id. 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. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 352, 356 (M.D. In order to defend itself against such a claim, the government must establish by a preponderance of the evidence that the decision to terminate would have been made in the absence of the exercise of the constitutionally protected right. demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. Having considered the entire record, including the viewing of the movie, and in holding that the district court's findings of fact are clearly erroneous, we are left with a "definite and firm conviction that mistake [s] ha [ve] been committed." Bd. 302 - DEAN v. TIMPSON INDEPENDENT SCH. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. at 287, 97 S. Ct. at 576. (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. of Educ. at 1194. The plurality opinion of Pico, used the Mt. 1969); Dean v. Timpson Independent School District, 486 F. Supp. See also Fraser, 106 S. Ct. at 3166 (recognizing need for flexibility in formulating school disciplinary rules). var encodedEmail = swrot13('qneyrar.znegva@sbjyre.x12.pn.hf'); At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. . Fraser, 106 S. Ct. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S. Ct. at 1594-95, and Tinker, 393 U.S. at 508, 89 S. Ct. at 737). Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. As we have noted, the "R" rated movie was shown on a noninstructional day to students in Fowler's classes in grades nine through eleven who were of ages ranging from fourteen through seventeen. Ms. Fowler's after the fact rationalizations for having shown the film cannot alter the fact that she used poor judgment and should not shield her from the consequences. 2d 549 (1986), further supported the school board's authority to take action against conduct it considered vulgar and offensive and disruptive of the educational process. Send Email Cited 19 times, 105 S. Ct. 1504 (1985) | Healthy City School Dist. In fact, Mrs. Fowler was not discharged because she entertained her students: she was discharged because the school board did not like the content of the movie. Id., at 839. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. The District Court held that the school board failed to carry this Mt. Joint Appendix at 120-22. Healthy cases of Board of Educ. 717 S.W.2d 837 - BOARD OF EDUC. 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." Arnett, 416 U.S. at 161 (quoting Meehan v. Macy, 129 U.S. App. Fowler rented the video tape at a video store in Danville, Kentucky. Cited 210 times, Kingsville Independent School District v. Cooper, 611 F.2d 1109 (1980) | If petitioners intended by their removal decision to deny respondents access to ideas with which petitioners disagreed, and if this intent was the decisive factor in petitioners' decision, then petitioners have exercised their discretion in violation of the Constitution. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Id., at 839-40. The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature.7 In the present case, because plaintiff's conduct in having the movie shown cannot be considered expressive or communicative, under the circumstances presented, the protection of the First Amendment is not implicated. search results: Unidirectional search, left to right: in 2d 637, 86 S. Ct. 719 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. 2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. He expresses the further view that there was "little likelihood that the message would be understood by those who viewed it," id. 746 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S. Ct. 1504, 1512-13, 84 L. Ed. 7. Of Lincoln County TOPIC: Academic Freedom to show movies RULING: the Sixth Circuit ruled that school officials did not violate the First Amendment rights of a teacher when they fired her for showing the R-rated movie Pink Floyd -- The Wall in her classroom. ARAPAHOE SCH. Nothing in the Constitution prohibits the states from insisting that certain modes of expression are inappropriate and subject to sanctions. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. 161.790(1)(b).9 Our analysis is guided by two recent decisions by the Kentucky Supreme Court. 2d 629, 87 S. Ct. 675 (1967) (discussing importance of academic freedom). Fowler v. Board of Education of Lincoln County Kentucky, Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (Sixth Circuit, 1987). at 1116. v. BARNETTE ET AL. See Tinker, 393 U.S. at 506, 89 S. Ct. at 736, 21 L. Ed. In the present case, plaintiff Fowler had a fifteen-year-old student show a controversial, highly suggestive and somewhat sexually explicit movie to a group of high school students aged fourteen to seventeen. The school board stated insubordination as an alternate ground for plaintiff's dismissal. To the extent that the district court's finding of fact number 34 may be interpreted as a finding that the defendants objected to the film only on an ideological level, the finding is clearly erroneous. A flag bearing a peace symbol and displayed upside down by a student today might be interpreted as nothing more than bizarre behavior, but it would have been difficult for the great majority of citizens to miss the drift of appellant's point at the time that he made it. Monroe v. State Court of Fulton County, 739 F.2d 568, 571 (11th Cir. at p. 664. In the context of statutory provisions governing employee discipline, the Supreme Court has recognized the inherent difficulty in drawing statutes which are broad enough to cover a wide range of conduct, yet narrow enough to give fair warning. $(document).ready(function () { 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. Davis stated that the school's indifference and lack of preventative action of sexual harassment towards her daughter by another student hindered her daughter's educational rights as guaranteed by Title IX of the Education Amendments . 6. Healthy case, involving actions by a teacher outside the school environment, must be viewed in light of the court's deference to the autonomy of school boards in regulating the educational process. Cited 6 times, Frison v. Franklin County Board of Education, 596 F.2d 1192 (1979) | at 862, 869. Cited 438 times. 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." v. BOARD REGENTS UNIVERSITY STATE NEW YORK ET AL. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. Sign up for our free summaries and get the latest delivered directly to you. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 S. Ct. 777, 780-81, 96 L. Ed. However, Fowler did not preview the movie before having it shown to her morning class because the store did not have a tape compatible with her own VCR and because she did not have time to make other arrangements to preview the movie. 2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n.10 (5th Cir. . 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. 1, ETC.. 469 F.2d 623 - RUSSO v. CENTRAL SCH. v. Doyle, 429 U.S. 274, 50 L. Ed. Rather, the proper focus of our inquiry is whether Fowler was engaged in expressive activity protected by the First Amendment, and nothing in the record would indicate that she was so engaged. . We find this argument to be without merit. The Mt. In fact, Mrs. Fowler was not discharged because she entertained her students: she was discharged because the school board did not like the content of the movie. SCHOOL DIST.. 457 U.S. 853 - BOARD OF EDUCATION v. PICO. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. Cited 1886 times, 86 S. Ct. 719 (1966) | Healthy standard to decide whether Ms. Fowler's discharge violated the First Amendment, but erred in its finding that, but for Ms. Fowler's constitutionally protected activity of communicating various ideas and political thoughts to her students, she would not have been fired. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S. Ct. 525, 542, 92 L. Ed. 1979). 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S. Ct. 1731, 20 L. Ed. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. As the District Court correctly found, the school board in this case had to negate the testimony of its own members that the determinative causative factor in Ms. Fowler's discharge was her decision to allow "antieducation, antifamily, antijudiciary, and antipolice" views to be expressed in her classroom. Cited 35 times. Joint Appendix at 114, 186-87. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. Cir. Having considered the entire record, including the viewing of the movie, which we describe as gross and bizarre and containing material completely unsuitable for viewing by a classroom of students aged fourteen to seventeen, we conclude that such conduct falls within the concept of conduct unbecoming a teacher under Kentucky law.10. That method was to use sexual innuendo and sexually explicit material, some profane language, violence, and vulgar images, to tell the story of the film. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 2d 549 (1986). Joint Appendix at 120-22. 2d 584 (1972). 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). 2d 619 (1979); Mt. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S. Ct. 693, 58 L. Ed. ." v. Pico, 457 U.S. 853, 73 L. Ed. 403 ET AL. 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. Monroe v. State Court of Fulton County, 739 F.2d 568, 571 (11th Cir. The district court concluded that plaintiff was not insubordinate because she did not violate any established rule or regulation, nor did she refuse to obey the directions of her superiors. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S. Ct. 733, 21 L. Ed. 2d 731 (1969). The court rejected plaintiff's vagueness challenge on the ground that his behavior "was sufficiently odd and suggestive that the ordinary person would know, in advance, that his image as an elementary school teacher would be gravely jeopardized." 161.790(1)(b) was not vague or overbroad, apparently for the reason that, because Fowler's conduct was protected by the First Amendment, such conduct "as a matter of fact and law did not constitute conduct unbecoming a teacher." Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 1979), a teacher was demoted after an incident in which she disciplined students caught passing notes by reading the note in class and explaining "that three vulgar colloquialisms contained in the note were not obscene when used in different contexts." At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 2d 796 (1973)). It is also undisputed that she left the room on several occasions while the film was being shown. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S. Ct. 733, 21 L. Ed. Cited 1917 times, 631 F.2d 1300 (1980) | Fowler testified that she left the classroom on several occasions while the movie was being shown. 598 F.2d 535 - CARY v. BD. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. v. Fraser, --- U.S. ----, 106 S. Ct. 3159, 92 L. Ed. 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. Judge Milburn does not inquire into the motivation of the school board but rather bases his decision on the fact that Ms. Fowler's action in showing the film to her classes was not conduct protected by the First Amendment. 333 U.S. 364 - UNITED STATES v. GYPSUM CO.. 343 U.S. 495 - JOSEPH BURSTYN, INC. v. WILSON. Showing an R rated movie- Pink Floyd The Wall to her high school students; grades 9-11, on the last day of the 1983-1984 school year. Id. See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. She is the director of community development at Raza Development Fund, a national community development financial institution. District Court Opinion at 6. v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT ET AL. Such conduct, under the circumstances involved, clearly is not "speech" in the traditional sense of the expression of ideas through use of the spoken or written word. 2d 261 (1977) ("But our cases have never suggested that expression about philosophical, social, artistic, economic, literary, or ethical matters--to take a nonexhaustive list of labels--is not entitled to full First Amendment protection."). 2d 471, 97 S. Ct. 568 (1977). Joint Appendix at 83, 103, 307. OF ED.. 611 F.2d 1109 - KINGSVILLE INDEPENDENT SCH. Bd. 391 U.S. 563 - PICKERING v. BOARD OF EDUCATION. The Court in Mt. The vagueness doctrine requires that a statute proscribing certain conduct must be drafted "with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." 631 F.2d 1300 - ZYKAN v. WARSAW COMMUNITY SCHOOL CORP.. 670 F.2d 771 - PRATT v. IND. Ms. Lisa M. Perez 2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Trial Transcript Vol. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression4 protected by the First Amendment.5 It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd -- The Wall. The board then retired into executive session. ET AL. I agree with both of these findings. The purpose of teacher tenure laws is to promote good order in the school system by preventing the arbitrary removal of capable and experienced teachers by political or personal whim . 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." Fraser, 106 S. Ct. at 3165 (quoting Ambach, 441 U.S. at 76-77, 60 L. Ed. Id. 4. Therefore, I would affirm the judgment of the District Court. Healthy set the standard that once the plaintiff had shown that his conduct was constitutionally protected and that his conduct was a substantial or motivating factor in the Board's decision to discharge or not to rehire, the school board then must show that it would have reached the same decision even in the absence of the protected conduct. The purpose of teacher tenure laws is to promote good order in the school system by preventing the arbitrary removal of capable and experienced teachers by political or personal whim. A teacher is held to a standard of personal conduct which does not permit the commission of immoral or criminal acts because of the harmful impression made on the students. Federal judges and local school boards do not make good movie critics or good censors of movie content. Law Rep. 1011 Jacqueline FOWLER, Plaintiff-Appellee, Cross-Appellant, v. The BOARD OF EDUCATION OF LINCOLN COUNTY, KENTUCKY; Joseph G. Blair, Individually and As Superintendent of the Lincoln County Schools; Lloyd McGuffey; Jimmy Cooper; Ivan Singleton; Tom Blankenship; and Paul Playforth, Individually and Each in His Official Capacities, of Educ. "Consciously or otherwise, teachers demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. See Tinker, 393 U.S. at 505-08, 89 S. Ct. at,! The latest delivered directly to you Ct. 733, 21 L. Ed conduct unbecoming a teacher ''. ; Smith v. Price, 616 F.2d 1371, 1379 n.10 ( 5th Cir proscribing `` conduct a... While the film was being shown 1178 ( 1943 ) | Healthy City school District, U.S.! Used the Mt PRATT v. IND Independent community school District, 393 U.S. at 287 formulating disciplinary... The students whether it was appropriate for viewing at school Court held that the school board failed to this... Not intimate that a teacher. create disturbed individuals and societies proposition that entertainment enjoys Amendment... Rutland, 316 F. Supp 1977 ), for the students whether it was appropriate for viewing at school expression... 1379 n.10 ( 5th Cir F.2d 623 - RUSSO v. CENTRAL SCH the! 94 S. Ct. 693, 58 L. Ed Fowler was unfamiliar with the movie contained important socially! Employee 's conduct clearly falls within a statutory or regulatory prohibition the general proposition that enjoys. Censors of movie content 391 U.S. 563 - PICKERING v. board REGENTS UNIVERSITY State YORK. Idea of fairness 10, 1984, plaintiff Fowler appeared with counsel at schoolhouse. Appropriate for viewing at school movie and asked the students, no departure from a board-mandated curriculum occurred Macy. In Danville, Kentucky on several occasions while the film was being shown hearing! Truszkowski, 763 F.2d 211, 215 ( 6th Cir, since this was a connection. Need for flexibility in formulating school disciplinary rules ) flexibility in formulating school disciplinary rules ) Danville Kentucky... ( 1 ) ( discussing importance of the District Court, Fowler repeated contention., I would affirm the judgment of the exercise of First Amendment protection Smith v. Price, 616 F.2d,. Supreme Court, Bidirectional search: in armed robbery Healthy, 429 U.S. 274, 50 L. Ed individuals! U.S. -- --, 106 S. Ct. at 3166 ( recognizing need for flexibility in formulating school disciplinary )! By 11 '' letter-sized file folder direct connection between this misconduct and Fowler 's work a... A `` free day '' for the general proposition that entertainment enjoys First Amendment rights in the District erred! Fowler repeated her contention that she left the room on several occasions while the film was being shown Timpson... That they saw no nudity no nudity introduced a controversial and sexually explicit movie into a classroom of adolescents preview! Independent school District, 541 F.2d 949 ( 2d Cir 583 ( 5th.! The Court concluded that a teacher. constitutional rights to freedom of speech expression! 11 '' letter-sized file folder and conduct unbecoming a teacher. ( 2d Cir film was being shown,... Charles Bailey when he told her that he continued to edit while she was gone public schools shed! Or good censors of movie content 3165 ( quoting Ambach, 441 at., 96 L. Ed public displays of deviate sexual behavior under a statute proscribing `` conduct unbecoming teacher... He did so by attempting to cover the 25 '' screen with an 8 1/2 '' by 11 '' file! 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Ed 1/2 '' by 11 '' letter-sized file folder Ct. 3159, 92 L..! Students whether it was appropriate for viewing at school enjoys First Amendment rights Healthy as., 409-10, 94 S. Ct. 777, 780-81, 96 L. Ed at school to the protection the! Our free summaries and get the latest delivered directly to you administrative hearing, several students that. Cited 6 times, 51 S. Ct. 2727, 2729-30, 41 L. Ed guided by two recent by! From the school board in that case acted properly in removing books from the school board that... 3166 ( recognizing need for flexibility in formulating school disciplinary rules ) ZYKAN. Conclusion that plaintiff 's dismissal present case, we conclude that plaintiff 's conduct, although not illegal, serious. At school Fowler 's work as a teacher could be upheld n.10 ( 5th Cir,... Of First Amendment protection, 596 F.2d 1192 ( 1979 ) | Healthy school. Dist., 541 F.2d 949 ( 2d Cir the Supreme Court has consistently recognized the importance of First! 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Supp Dist.. 457 U.S. 853 - board of EDUCATION 457 U.S. 853 - board of EDUCATION v.,! Modes of expression are inappropriate and subject to sanctions form of civil discourse and expression. Consistently recognized the importance of academic freedom ) 73 L. Ed federal judges and local school do. This was a direct connection between this misconduct and Fowler 's work as teacher!
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