Student wins case against teacher who ordered him to leave class
A US federal district court has ruled in favour of a high school student who was disciplined for expressing his traditional beliefs on sexual ethics in the classroom.
“Anti-bullying” day
Daniel Glowacki – who was 16 years old at the time – refused to express approval of homosexual conduct because of his religious beliefs during an “anti-bullying” day at Howell High School (Michigan) in October 2010.
He was subsequently told to leave the classroom by his teacher, Johnson McDowell, who told the student that he had lost his right to free speech once he entered the classroom.
A lawsuit - filed in December 2011 by the Thomas More Law Centre - argued that Mr McDowell had violated Daniel’s First Amendment rights, which guarantee the right to freedom of religion and expression.
Ruling
Judge Patrick Duggan of U.S. District Court in Detroit ruled that Daniel’s right to free speech had been violated and ordered Mr McDowell to pay $1 in damages.
Mr Duggan said that the teacher had been “primarily motivated by his disagreement with Daniel’s opinion on homosexuality” in the way that he had attempted to discipline the student.
Victory
“This is a huge victory for them,” said attorney Erin Mersino of the Thomas More Law Centre.
“All they wanted was recognition that what happened was not right,” she added.
Reprimand
Court documents reveal that the school district had given Mr McDowell a reprimand in relation to the incident stating that he had “disciplined two students for holding and stating personal beliefs, to which you disagree.”
It added: “You disciplined them in anger under the guise of harassment and bullying because you opposed their religious belief and were offended by it. … [and] modelled oppression and intolerance of student opinion. ...”
Ironic
“This could be construed as teacher-to-student bullying; ironic of the Anti-Bullying Day intent.”
The school district suspended Mr McDowell for one day and ordered him be trained in the First Amendment rights.
However, following a protest by the teacher, the district reduced the sanctions and issued a “far tamer” reprimand, saying that Mr McDowell had“displayed a serious lack of professionalism when you slammed your door, raised your voice and attempted to discipline students for their beliefs.”
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