Mrs.
Pettit was one of many dedicated teachers licensed to teach in California to work
with mentally challenged children. She had been working with mentally
challenged children for over thirteen years. “Throughout that career, her
competence was never questioned, and the evaluations of her school principal
were always positive (Shaw).” Her career ended abruptly after other teachers
took wind of her private lifestyle, after she had done a disguised, televised,
interview about her lifestyle, then later, police found her in the act of oral
copulation with multiple men, at a private swinger’s lifestyle event and
arrested her. Oral copulation, in 1968 when the case took place, contravened
the California Penal Code. Even though
the school district offered to renew her teaching contract for the next
upcoming school year, two years after this incident occurred, disciplinary
proceedings were initiated against Pettit. It resulted in her being fired and
her elementary school life diploma was revoked. The Board took away her license
to teach, “because by engaging in immoral and unprofessional conduct at the
party, she had demonstrated that she was unfit to teach (Shaw).” Even though
she had been teaching for over thirteen years, no one ever knew of her private
lifestyle outside of teaching. Although she partook in an event with other
consented adults, her thoughts or interest in wife swapping and swinger’s
parties was never known to had been brought into her classroom. How can what
someone do outside of their career affect a decision to end a career that was
never tainted by someone’s private lifestyle choices?
In concerning
itself with Pettit’s off-the-job conduct, the Board of Education violated her
right to privacy. Their concern with her lifestyle legitimate and employment
were completely unrelated. Who gave them the right to investigate her private
lifestyle if she had not been suspected of harming any student, encouraged such
behaviors to the children in her classroom, or even referred to her sexual
preferences at her place of employment period, to children or her colleagues. The Fourth
Amendment to the US Constitution states; “The right of
the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath.” If no one knew of her
private lifestyle at her place of employment then obviously she wasn’t going
around encouraging others to partake in such activities. There was no probable
cause to investigate her sexual practices. At what point does the school board
makes authority over someone’s sexual preference that doesn’t violate or
include children? She had every right to privately
enjoy and engage in consensual sex that she and her husband agreed upon. Her sexual preference outside of her
profession she kept in its own lane. That demonstrates that she had enough
moral judgement to know to keep those two things separate. Requirements for
moral judgement, according to Shaw, suggests that “moral judgments should be (1)
logical, (2) based on facts, and (3) based on sound or defensible moral principles.
Amoral judgment that is weak on any of these
grounds is open to criticism (Shaw).” She logically chose to disguise herself
to not blatantly encourage others to do as she did. Based on the facts of the
case she never harmed any children or encouraged such behaviors within the
classroom. Her moral principles kept her from engaging in conversations about
her lifestyle directly with her colleagues and students. On top of all else she
wasn’t charged with oral copulation. According to the case outline “Evidently a plea bargain was arranged and
plaintiff pleaded guilty to Penal Code section 650 1/2 (outraging public
decency), a misdemeanor (Justia).” So where did she go wrong? Does exploring a heightened sense
of sexuality show a “lack of fitness” to teach? No, it
does not.
“By engaging in sexual activity in
the presence of other “swingers,” plaintiff, the majority assert,
demonstrated “a serious defect of moral character, normal prudence and
good common sense.” (Majority opn., ante, p. 35.) fn. 5”, Yet plaintiff
took reasonable precautions to assure that she was viewed only by persons who
would not be offended by her conduct;” (Justia). How professional of Mrs.
Pettit to keep her acts out of the public eye! From a utilitarian perspective,
which states; “Utilitarianism holds that the maximization of happiness
ultimately determines what is just and unjust (Shaw),” she did what made her
happy outside of work. Because of the act she engaged in overall made her and
others engaged in the same lifestyle happy, it was not agreed upon, as a whole,
in the eyes of Judicial system and the Board of Education, they deemed what she
did immoral and unethical. However, the rest of society did not agree with
their decision and would agree that it was just for her to promote the
well-being of her personal sexual desires, as long as it was set apart from her
job. It would have been unprofessional to have brought those acts to her place of
work, yet she did not. Consensual sex with other adults is not wrongful,
wicked, evil, foul, unprincipled, unscrupulous, dishonorable, or unconscionable.
Pettit was not dishonest about her private sexual behaviors, therefore her
behavior, when it came to how she engaged in sex, that doesn’t involve
children, should not have been considered immoral. Had she involved children
then she could have been considered unfit to teach. She made all the right
decisions on her behalf and I see no justification as to why the Board of
Education felt justified in their decision to revoke her teaching license.
Pettit was working with Mentally Challenged children. “Historically,
individuals with MR (Mental Retardation) have not enjoyed the sexual freedom afforded
to individuals without disabilities. Adolescent years are important period of
human life that is accompanied with prominent changes and developments in
individuals. Thus, adolescence and puberty is not a physiological and sexual
occurrence and it is not limited to physical changes. The occurrence of these changes
in individuals with MR is accompanied with greater problems and challenges
(Abbas, Taher and Esapoor, 2012). Because of these reasons many families chose
to protect the sexual lives of family members with MR by sterilizing them. If
Pettit had a heightened sense of sexual desire then this group of individuals
could not have been her target to satisfy her sexual needs. Therefore no one in
her classroom was threatened by her private sexual activities, nor would they
have been accepted into the private group because they simply could not perform
the duties required to be in the group.
The Board of Education was not justified in firing her. As with an
earlier case when “the court had reversed the firing of a public-school teacher
for unspecified homosexual conduct, concluding that a teacher’s actions could
not constitute “immoral or unprofessional conduct” or “moral turpitude” unless
there was clear evidence of unfitness to teach (Shaw),” this case was quite
similar enough to have had the same outcome. Her employment should not have
been affected based upon people’s personal belief.
Employers can have a legitimate interest in their employees’
off-the-job conduct when their off-the-job conduct interferes with their work. If
teachers perform competently in the classroom then their private lives outside
of work shouldn’t matter, unless it interferes with their work. We would expect
teachers to have a higher moral standard inside and outside the classroom,
however we cannot dictate the type of private affairs they choose to engage in,
that doesn’t conflict with their job. I’m sure there are plenty of single
teachers who engage in the same acts outside of work with multiple men. Just
because they may be on separate occasions it really doesn’t make a difference,
when it’s the same type of activity. Just because the judges and prosecutors
choose to only engage in such acts with only their wives/husbands doesn’t mean
they can tell people how to act within their own marriage. Everyone has a
choice. Disorderly conduct and assaulting a police officer, being discovered in
a compromising position with a student, propositioning a student, would show
unprofessional conduct, immorality, or lack of fitness to teach, not someone’s
sexual preference. For a teacher, dressing inappropriately, engaging in sexual
acts with students, persuading students to change their sexuality, child abuse,
or pedophilia would show unprofessional or immoral conduct. Pettit did none of
these things, yet the Board of Education placed her in the same category. Their decision was unfair and they went above
and beyond to violate her right to privacy because nothing that she did took
away from her ability to teach. She was treated unfairly and was categorized
amongst those with much higher offenses and less moral judgement. There was
simply no unprofessional conduct on her behalf.
The Board of Education and the Judicial system has no business in
the private affairs of teachers sexual preference, unless it affects or
threatens the students or co-workers!
References
Justia US
Law. Pettit v. State Board of Education.
Retrieved from http://law.justia.com/cases/california/supreme-court/3d/10/29.html
Shaw, William H. Business Ethics: A Textbook
with Cases, 8th Edition. Cengage Learning, 20130101. VitalBook file.
Abbas Ali Hosseinkhanzadeh*, Mahboobe Taher and
Mehdi Esapoor. (2012). Attitudes to
sexuality in individuals with mental retardation from perspectives of their
parents and teachers. Retrieved from: http://www.academicjournals.org/journal/IJSA/article-full-text-pdf/0B9DD013830