At what point does a teacher give up the right to have her own life outside of the classroom? That seems to be a question that extends to both sides of the controversy surrounding Ashley Payne. The Facebook account of Payne, a language arts teacher at Apalachee High School in Georgia, launched a controversy concerning the private life of teachers. School administrators questioned the material she posted on her Facebook page which included pictures of her trip to Europe. She also posted comments about a game she plays with friends. (Photos show Ashley holding beer mugs and glasses of wine. The game referred to on her account was apparently "Bitch Bingo.") Payne claims that none of the material was inappropriate. However, she says she was pressured to resign because a parent complained about a picture of her holding a drink in her hand.
Payne is now suing to get her job back. We endorse her right to do so.
Barrow County Schools officials responded to the former high school English teacher's lawsuit by saying that the 24-year-old teacher jumped at the chance to resign after officials told her she could be suspended because of photographs and profanity on her Facebook page. According to school officials, Payne quit before officials could explain the school's disciplinary process or her right to a personnel hearing.
Has their been a violation of the Georgia Fair Dismissal Act? It is clear that no one told her she was entitled to a hearing or that a suspension would not have lasted more than 10 days, according to her attorney, Richard Storrs. However, the schools response is equally clear, "...these disclosures were precluded by Plaintiff's request to resign." It is the school's position that a teacher who resigns is not entitled to a hearing.
School district officials are seeking to dismiss the suit. Payne is seeking compensation for back pay with reinstatement of her job. The rest of us are interested in what if any rights teachers have with regard to their private lives. If a teacher can be disciplined for being photographed with an alcoholic beverage, can they also be disciplined for drinking in public? Is the same true for school officials at the Christmas Party at an administrator's home?
Update 11-16-09: Ashley, if you want to give us an update, please email legalpub@legalpub.net.
Update 12-28-09: An excellent written report is available to the public at LINK. The author, Maureen Downey, theorizes that the anonymous parent of a student never existed. Rather, it was likely a fellow teacher with access to her account that sent the anonymous email complaining of Ms. Payne's facebook page. The link above contains the actual email complaint and the school's response.
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39 comments:
My goodness. Nothing wrong with a photo having a beer on her vacation.
How do we know it is not a root beer?
Could be nonalocholic lager.
Could be nonalocholic lager.
Add Ashly to the hot teacher list.
Hang in there Ashly, a jury is going to believe you and compensate you accordingly!
I am on Ahley's side on this one!
Word to wise. Don't let students or parents ever be your friends on face book or you will lose a lot of your privacy. Apparently Ashley followed this rule and still got squealed on. Shame.
This is pretty ridiculous. I hope she gets her job back.
This is crazy...Back in the day my teachers and football coach's use to visit a bar near the school for a few drinks after football practice. We knew this because we seen their cars parked in the lot...as did our parents.
We understood they were adults who did adult things.
I agree! It seems so easy for this school system to claim "she jumped to quit." Then why would she be going to all of this trouble if she wanted to leave this job?? Team Ashley all the way!
Go Ashley. Kick the school boards butt up to the 21st century. This paternalistic b.s. and bullying needs to be put in its place!
A new form of the "Payne Game."
Count me in on 'team Ashley'
What's the crime in a pint of guiness when one is abroad, lads?
NO crime. She was forced to resign. And "bitch" is a female dog not a swear word!
There are different versions of "Bitch Bingo" here is one:Start you off with a nice first round we call Foreplay. You know, what you do to get you into the mood for the game. The audience is required to help come up with the special words during Round 1.
Round 2 tests your knowledge of television shows and movies anywhere from the 1940’s through today’s terrible excuses for prime-time viewing.
Round 3 is dynamic and different each game. It may test you on your knowledge of other games, other races and cultures, and sometimes maybe even sexual positions!
Round 4 tests how much you know about music.
In the end, it is all trivial fun and completely harmless.
For those wanting to play:
http://www.facebook.com/group.php?gid=67128566162
Teachers drinking in public responsibility is what kids need to see! We can't hide our normal lives from the public. Students know we drink, and OMG, even have sex (sh! don't tell). What's next? checking our clotheslines for thongs? grocery food cart for fats? RIDICULOUS!
This is absolutely ridiculous! I live in Barrow County and my kids go to this high school and by these standards all we will have teaching our kids are Christian radicals who want nothing more than to force their morality on the rest of the world. OH My God she had a beer, and she used the word bitch! I would like to use a few more choice words while addressing the school board. Once again we Georgians have made a mockery of morality, character, and common sense.
Draconian to say the least. I suggest we scrutinze the principle and anyone else involved in forcing her out of her job. Check their garbage for incriminating evidence - it's public property once at the "curb." Let's get the fascists! Turn about is fair play.
Chalk me up as another member of the "We Love You Ashley Fan Club."
Girl take it to court. We need a leader to stand up and fight this type of tyranny.
Where is the teachers union on this one?
Update 11-16-09: Ashley, if you want to give us an update, please email legalpub@legalpub.net.
Since when is drinking illegal? As long as there were no lude photos of her and she was not advocating under-age drinking then whats the problem? It might even be a good thing for kids to see a RESPONSIBLE adult drinking in moderation once in a while (like on vacations). Of course I don't know the whole story, so there very well could be more to it.
This is ridiculous!!!
People need to mind their damn business.
As long as she wasnt coming to school drunk or drinking on school property....its her business what she does on vacation!!!
People are a trip!!
Probably no one would have said anything if it was an old married teacher. But Ashly is a hot single teacher who is probably the envy of a lot of male students and teachers...
So she is probably held to a higher standard.
So far have not seen anything worth resigning over. Seems like Payne was bullied.
To the person who asked about a teacher's union, it may still be illegal for teachers to unionize in Georgia.
How can Georgia be this backward?
Update 12-28-09: An excellent written report is available to the public at the link posted in the update on the front page. The author, Maureen Downey, theorizes that the anonymous parent of a student never existed. Rather, it was likely a fellow teacher with access to her account that sent the anonymous email complaining of Ms. Payne's facebook page. The link above contains the actual email complaint and the school's response
Since when is a grown woman drinking wine or beer off school property a need for anyone to get upset?
It is a reason if you see teachers drinking as a poor role model. Go back up north you liberals!
What a grudge by another teacher. I hope that other teacher gets fired. And I hope the school board gets some terrible publicity.
If the person was committing a crime, then prosecute her. But this was a moral judgement.
Maybe teachers should be properly aware of what they can and can not do. Are not allowed to drink, can not party. Be anti-social.
Some feel that teachers should serve as exemplary role models. Keep your trashy teachers up north.
You can fire someone for any nondiscriminatory reason. If it ain't for race, sex, national origin or age, you can can her ass!
She can teach my kid any time
Too much negativity directed toward teachers. First discipline for doing legal things like drinking and now union busting.
This poor woman got shafted.
Let teachers be normal people when they are off duty.
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