Teacher Fired For... Receiving Emails from Sister

[Scuba]

http://uppitywis.org/blogarticle/teacher-fired-receiving-emails-sister

The above headline may not be as salacious as "the teacher fired for watching porn at school" headline that Gov. Scott Walker and the mainstream are hocking, but that is the heart of the case and exactly the reason given by an arbitrator who found that Middleton science teacher Andrew Harris shouldn't be fired, stating:

No one believes that a person can be discharged for what he or she receives on the e-mail. If that were so, no one would ever accept an e-mail account from an employer. Employees should be disciplined for their own conduct, not what others do to them.
It's as simple as that.

Yes, I know that Andy Harris received several lewd emails from his sister containing barnyard humor, some of which actually crossed the line into pornographic humor, (and the Middleton School Board was good enough to print them all out and make a nice binder to rile-up parents), but seriously: who hasn't received raunchy emails from someone? According to the website Net Nanny, “at least 25%” of all spam emails contain porn. In other words, just about all of us are guilty of receiving porn.

...

Oh, but the school board must have had a long history of problems with this guy, right? Nope. Harris has taught for nearly 20 years and was never once disciplined. He was well respected by teachers and parents alike and a pillar of the community, even being elected to the school board in the past. So, what's all the hullabaloo about? This case was always about one thing: Anti-union animus. That's right, after the arbitrator conducted a thorough hearing, she found, "the decision to discharge him may have been motivated in part by his union activity."

Emphasis mine.

[Nevernose]

1. Holy shit

I don't think I have the words.

[etherealtruth]

2. If consistent ... "we" could send school board memebers

... raunchy emails and they would all be fired...?

[daleanime]

3. Works for me!

[PatrynXX]

21. hmmm yeah just joing Scott Walker onto some porn newsletters and..

whoops.

[Ed Suspicious]

4. YES!

[B Calm]

6. Great idea!

Union busting assholes deserve what they get!

[Eleanors38]

12. Hey, Scott! Here comes that Johnny Wad video!

[etherealtruth]

14. Your post made me laugh out loud!

[Squinch]

5. Let's "Kornacki" Scott Walker! I am not from Wisconsin, but I would be willing

to dig as an amateur lay person into published government documents to find what I could find. What are the areas where it is most likely that Walker has broken the law?

[Demeter]

20. Ask rather which laws he has followed--if any

[HappyMe]

7. I don't think he should have been fired

for his union activity. I do think it was kind of foolish to check your personal email at work, especially the ones from his sister.

[Lifelong Protester]

38. Maybe, but many schools use gmail

as it is 'free', and a lot of people use their one gmail account for everything several staff told me they were doing just that).

So you give your email to family, and what do you then do? Tell them to be careful what they send you? Criminy, on your lunch break you should be able to check your email, shouldn't you?

[dixiegrrrrl]

8. Aqnd here's the real story:

This case was always about one thing: Anti-union animus.
That's right, after the arbitrator conducted a thorough hearing, she found, "the decision to discharge him may have been motivated in part by his union activity."

You see, Mr. Harris was also the vice president of his teachers union and on the bargaining team that went head to head with the superintendent and the rest of the district's management team. Harris' computer and email were searched only after he infuriated the district superintendent by sending out an email to all of the teachers in the district accusing the district of negotiating in bad faith. The email subsequently garnered media attention when it was leaked to the press.

The problem is, that looked like they were just going after Harris, so they had to cover it up by doing an official-looking investigation of all the computers and emails in the school district. However, even though they found that others -gasp- had received and shared lewd emails, (again, not with students around and during break times) on a greater scale than Harris, they only gave the others brief suspensions. The arbitrator found that "so much disparate treatment results in this discharge being unreasonable, arbitrary, excessive, and an abuse of discretion."

[Major Nikon]

18. When it comes to firing someone, the stated reason and real reason don't always line up

My guess is they wanted to get rid of him for his union activity so they decided to take a look at his emails. The proof of the pudding is why they were looking at his emails in the first place.

[Igel]

26. Exactly.

And it's not just schools and union activity.

I've seen kids expelled for the "wrong" reasons, but they couldn't prove to the judge what the "right" reason was.

I've seen people fired for secondary reasons, things that are usually ignored. Because they couldn't get rid of him for a good reason and they had done something else wrong. Or just pissed off the employer.

We're like that here, by and large. If we can nail a (R) politician for something that's fairly commonplace but still illegal (because he was foolish enough to be caught on camera, let's say) we rejoice, even if the real reason we want him gone is something huge that can't be proven or something not illegal that we really, really dislike.

Take Arthur Andersen, a big accounting and auditing firm. People were really glad when it was sunk. I knew a lot of business school and business majors that worked for them that were really hurt, and hurt bad, but a lot of people rejoiced when it basically folded. Most people didn't really care about Andersen until it became a good scapegoat, then they piled on. They were pissed off because they hated Enron, and Andersen was Enron's auditor/accountant and accused of covering for them. They "punished" Enron, in a way, by seeing Andersen punished. It didn't matter that the evidence and argumentation was weak and the SCOTUS--with Rehnquist in the lead--overturned the verdict with a sound rebuke to the lower courts, finding that the jury instructions were really vague, so no evidence at all would be needed to find obstruction of justice and the argument used was specious.

The point: Everybody finds a way to find ways to assuage their sense of outraged morality, right and left, upper class and lower, pro-union and anti-union. Punishing the actual bad guy is no more necessary than punishing a bad guy for what he actually did that was bad. What matters is that there's a perceived wrong, a bad guy is identified, and somebody connected to the bad guy is punished. (It's fast, moral, easy thinking. It's not slow, rational, difficult thinking. It makes no demands on our cognitive faculties and makes no requirement that we slow down our emotions.)

[brett_jv]

50. Excellent post, thanks ... (n/t)

[DallasNE]

42. Correct -- There Was No Probable Cause

And that is why they had to look at everybody's email. Everybody that received any kind of punishment should have the punishment reversed.

[MillennialDem]

9. Misleading. Teacher was reinstated with backpay. Unless they fired him again, which I know

Walker WANTS.

[Scuba]

10. Thanks. Do you have a source for that?

[MillennialDem]

11. Yep

Teacher reinstated:

http://www.channel3000.com/education/reinstated-teacher-sends-letter-to-parents/-/1624/24219148/-/5xl1of/-/index.html

Walker wants teacher to lose license:

http://www.nbc15.com/news/headlines/83474957.html

Below is the text of the letter sent from Gov. Walker to State Superintendent Tony Evers:

Dear State Superintendent Evers:

Since taking office, I have worked to put in place reforms giving local school districts the tools they need to hire and fire teachers based on merit, performance, and professional conduct. With the passage of 2011 Wisconsin Act 10, schools now have the ability to move away from the old contracts, which prevented them from doing so.

The reforms support excellence in education because they ensure our students are educated by the best and brightest teachers. The reforms also protect students from teachers who may engage in immoral conduct or fall short of the expectations put forth by parents, the community, and school leaders. This is important not only to me, but also to parents and caretakers all throughout our state.

In 2010, the elected officials serving on the local school board overseeing the Middleton-Cross Plains Area School District made the decision to terminate the employment of middle school teacher Andrew Harris, after an investigation revealed he repeatedly viewed pornographic material at school and on a school computer. Unfortunately, the union arbitration process ordered that he be allowed to return to the classroom, with back pay. The district has spent about $1 million on costs and legal fees in the case.

Reforms we put in place in 2011 Act 10 put the power back in the hands of local officials, including school boards, so they can make the decisions they feel best serve their students and their community. While the defense of Mr. Harris’s actions by the teacher’s union ultimately negated the desire of the Middleton-Cross Plains School Board to remove him from the classroom, it appears that his behavior meets the definition of “Immoral conduct” under Wisconsin Statutes Chapter 115.31(1)(c).

After hearing from concerned parents, I am asking you to act efficiently in your investigation into the actions of Mr. Harris and to initiate revocation proceedings. The arbitration process afforded to Mr. Harris failed the school district and the students. It has taken both a financial and emotional toll on the district. Cases, such as this one, are a good example of why our reforms are necessary.

Situations, such as these, prompted me to sign 2011 Act 84 giving the State Superintendent clear authority to take action. Act 84 allows the State Superintendent to revoke a license for “Immoral conduct,” which includes “the intentional use of an educational agency’s equipment to download, view, solicit, seek, display, or distribute pornographic material.”

I am confident that the overwhelming majority of teachers and educators across the state and in the Middleton-Cross Plains District are committed and dedicated to working hard every day for the benefit of our students, their families, and our state as a whole. Teachers who make decisions that contradict what is best for students shed a negative light on their colleagues and the district, and in some cases, put students at risk.

Parents and caretakers deserve to know they are sending children to schools where everyone on staff is committed to excellence. Thank you for your swift action on this matter and I look forward to your review and remedy.

Sincerely,
Scott Walker
Governor

[Eleanors38]

13. Scott, you like Johnny Wad?

[MillennialDem]

17. I'm sorry I don't get it

[Eleanors38]

23. Johnnie Wad (John C. Holmes) was a porn star in the 70s.

His truly enormous appendage was, ironically, likened to the state of Florida. His "money shot" (orgasm) was quite substantial, so he was given the obvious nick name.

[MillennialDem]

32. Well, looking at my user name would hint I wasn't even alive until 1980.

[brett_jv]

51. The movie 'Boogie Nights' was loosely based on the real story of Johnny 'Wad' Holmes ...

He ended up falling out of 'favor' in the hetero industry due a raging crack addiction, ended up doing some gay porn instead (though he wasn't gay) and (apparently) caught AIDS via his work with infected actors, and died of it ... I wanna say that was back around 1983 but not sure.

[whopis01]

34. Why do you say it was "ironically" likened to Florida? n/t

[Curmudgeoness]

35. I think he meant "iconically".

[Eleanors38]

45. That too!

[Eleanors38]

44. A writer and critic, noting the passing of Holmes,

Likened his penis to the state of Florida (size, shape, I presume) . I believe this thread was based on an incident in Florida.

[whopis01]

52. The incident happened in Wisconsin.

It had nothing to do with Florida.

That is why the reference seems so odd and out of place.

[Eleanors38]

54. Oops.

[Scuba]

19. Thank you!!!

[niyad]

15. glad he was reinstated. clear that his union activities are what brought this about.

[Octafish]

16. Unions are a threat to Capital.

About the only ones still standing, seeing what's happened to Washington.

[PatrynXX]

22. can't remember them but

went to a couple of elementary schools in the late 70's in Middleton. Brother was born in Madison in 1979 we lived in Middleton at the time.

[valerief]

24. Same old same old from the fascists. nt

[SheilaT]

25. This reminds me of why it's never a good idea

to use company email for anything personal. Ever.

It's probably also not a very good idea to access your personal email from a company computer, even if you are only ever sending innocuous stuff.

I know a lot of people who only ever use the company email, and aside from any other considerations, it does mean whenever they finally leave the job, they have to acquire a new email account and make sure that all their addresses and any old messages they want to save are preserved. Better to have a personal email account in the first place.

And then there's the problem with people, friends and relatives, who send you unwanted sorts of email, even if it's not remotely pornographic. Sigh.

[47of74]

28. Yeah, I don't use my two work accounts for personal stuff

Aside from brief notes to self I don't use my work accounts for personal stuff.

[Nay]

48. I never did, either. It's like stepping on landmines deliberately. My brother

once sent me something at work, and I got all over him about it. Lots of people just don't understand that employers are reading every damn thing you send and receive, and you can get into immense amounts of trouble over it.

[Beaverhausen]

30. wholeheartedly agree

Only two of my friends have my work email address and use it in emergencies only - everything else goes to my personal email.

Technically, anything you do on your employer's email belongs to the employer.

[Curmudgeoness]

36. Does that mean that I shouldn't spend my time on DU

while I am at work??????

Oops.

[SheilaT]

39. Probably not.

It honestly depends on what your company bothers to track. I clear my browsing history at the end of every day, and I think that helps. I also sometimes work on the novel I'm writing while I'm at work. I write, then email the word document to my private email account, from my private email account, then delete the word document on the work computer. I am sure that it's readily retrievable if someone wants to do it, but with any luck at all, no one in my company actually cares.

But I do believe in being very circumspect about what I do at work.

[Curmudgeoness]

41. I agree.

I open an incognito window to access DU if I want to check anything at work. And I also delete history at the end of every day. I do know that all the company emails are logged and open to being read by the bosses, and they do read them. But I also believe that the IT guys could see anything if they looked. Since I am the only open liberal in the whole office, and they are the only secret liberals, we are pretty close and I believe that they would warn me of anything that I should be careful about...they are the ones who told me about the incognito window.

[Mz Pip]

27. Sisters email could have been hacked

It happened to a friend of mine who is very involved in local politics. Everyone in her email address received a link to a porn site from her email address. I'm sure all of the school board members were very surprised.

That said the guy's sister has shit for brains if she thinks it's okay to send pornographic jokes to a school email.

[blackspade]

29. What a load of crap.

This is definitely union busting.

[beckenbauer]

53. yes

Agreed.

[hobbit709]

31. "First God made idiots. That was for practice. Then He made school boards."-Mark Twain

[Stuart G]

33. I have not heard of this..It is beyond anything I thought could happen.

But that is who these assholes are. Beyond any reasonable sense of what could happen..

[idendoit]

37. Us union thugs just can't be trusted.

[FarCenter]

40. If anyone sends NSFW emails to your work address, you should reply telling them to stop

That way you at least have evidence that you don't think they are appropriate.

Actually, you should not be receiving any personal emails at your work address.

[BigDemVoter]

43. Some very good points. . .

I've been tricked into opening some raunchy e-mails and then have promptly deleted them, praying nobody noticed I had received anything less than professional. . .

I generally don't receive personal e-mail on my work e-mail account, and most of my friends don't know my work e-mail address. . . . Nonetheless, as you mentioned, there ARE other ways of receiving raunchy e-mails such as spam messages, etc.

[Nay]

49. That happened to me at work a couple of times. In my case, it was wise

to report the spammy/raunchy email to the security team; it helps clear you personally and you build a record of reporting the junk instead of accepting it.

[nikto]

46. he is being eliminated because he is a veteran teacher who makes too much money

That is the hideous truth.


This is how many schools save money nowaday$.

Honestly. Not a joke.

[mdbl]

47. Wow, an arbitrator with some common sense!

That is so rare these days.