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A lot depends on where she teaches. Is she in a union? What does her/their contract say? Is it an At will employment?
Normally you can be fired for any reason or for no reason at all. The only thing prohibited is firing someone for being a member of a protected class. People who send naked pictures to their boyfriends are not a protected class.
Here, he best argument is that the is being fired because she is a woman. A man would not be fired if a topless picture of him surfaced among students.
I do not understand why she would want to tech there again. That picture will be passed around the school for the next ten years. Her male students will be using her picture as stimulation for masturbation and then coming to her class. instead of learning, they will be staring at her breasts and remembering the picture. there will always be one or more students who think since they saw her naked picture, it is ok to approach her for sex. She will get hit on by multiple 8th graders Notwithstanding the challenges that produces for the learning process, why would she want to work in those conditions?
Beyond that, what kind of person does that? A ridiculous many of the young people who grew up in the era of cell phone cameras being completely normal and SnapChat being a thing. That's who. My teenage sons have told me that nudes are exchanged constantly among their peers in high school. I have warned them in very intense language that due to child porn laws they'd better not take any, ask for any, or keep any on their devices.
I tend to think that due to the massive availability of all sorts of porn to people starting at a relatively young age, thanks to the internet, the whole mindset of "OMG Nekkidism!" is going to die off. People will get desensitized. And with cities making toplessness in public legal, hopefully bare breasts won't be the subject of prurient obsession in the future, any more than feminine ankles are now. May our children's children laugh at our ways.
I don't know if you come from a more traditionalist background, or are an older person, but sending "nudes" is not that outrageous a thing to do, for today's younger people. And a lot of progressive and sex-positive movements are promoting the idea that a woman's body is not a shameful or dirty thing and that if men can't handle seeing it, that's their problem.
My sons, in very early adolescence, we had a friend who would breastfeed her baby at our house, and she wasn't in the habit of covering up, she'd just flop it right out there. None of us ever reacted to it, I didn't have to tell my sons not to react, they didn't stare, they didn't make an issue of it at all. The whole "modesty" thing is definitely a matter of cultural training.
@KS_Referee: I do think that Americans are more hung up on this than Europeans probably are. I don't know, I've never been to Europe. There are places in the US where you can go and be nude around others...private clubs, nude beaches, clothing-optional hot springs, resorts...but I think that few Americans actually go do that, and even fewer would admit it.
Anyhow. So the questions I'd love to see answered... 1. How did the student get the photo? 2. Is there language in her contract that would specifically cover this incident? 3. Is it an "at will" employment state? These things are so much more relevant than whether or not it's outrageous to share a nude pic.
The teacher shouldn't have been fired for this. The photo was leaked without her knowledge. What's conveniently left out is how the student obtained the photo. My guess is the angry ex-boyfriend posted the photo on a porn site and the student found it on there.
If anything, the student should have been punished.
Also, America needs to get over the "boobies are bad" mentality. They are simply breasts and every woman has them.
Suppose that instead of a picture, it was a conversation with her boyfriend where she stated a racist position. Given that scenario, had the conversation become public knowledge then many would consider termination, even given the private intent, appropriate. No before anyone gets all hot and bothered, I'm not comparing showing your boobies with racism, rather, the general notion that some communication even if it wasn't intended for anyone other than the recipient can get someone into trouble if that communication becomes public (the moral foundation of what is considered termination worthy is another topic altogether).
BTW, at first blush your "angry boyfriend" scenario seems quite plausible (as does the "non angry but negligent boyfriend who shared the pic(s)" scenario). I just don't know how much that factors in legally.
BBTW, very few people in America think that "boobies are bad", quite the opposite, and therein lies the problem. It's not bad/good, it's more about "appropriateness" (which is just a likely to contentious, but there you go).
Message sent over a private (or as private as the NSA allows) connection from one adult, to another consenting adult, and in no way bypassing, or directed toward the adolescent in question.
How is there a case against her, unless she was careless enough to leave her cell phone with the pic on the screen out on the desk or some dumb crap like that?
Suppose that instead of a picture, it was a conversation with her boyfriend where she stated a racist position. Given that scenario, had the conversation become public knowledge then many would consider termination, even given the private intent, appropriate. No before anyone gets all hot and bothered, I'm not comparing showing your boobies with racism, rather, the general notion that some communication even if it wasn't intended for anyone other than the recipient can get someone into trouble if that communication becomes public (the moral foundation of what is considered termination worthy is another topic altogether).
BTW, at first blush your "angry boyfriend" scenario seems quite plausible (as does the "non angry but negligent boyfriend who shared the pic(s)" scenario). I just don't know how much that factors in legally.
BBTW, very few people in America think that "boobies are bad", quite the opposite, and therein lies the problem. It's not bad/good, it's more about "appropriateness" (which is just a likely to contentious, but there you go).
This is an excellent point. When I taught/supervised student teachers I multiple times each semester discussed scrubbing their social media accounts and making sure no one, including themselves, took pictures of them they wouldn’t want their Daddy, Grandma, or minister see. Didn’t matter, unfortunately I know of at least three who have lost jobs over inappropriate selfies in the last four years alone.
Quote:
Originally Posted by RageX
Message sent over a private (or as private as the NSA allows) connection from one adult, to another consenting adult, and in no way bypassing, or directed toward the adolescent in question.
How is there a case against her, unless she was careless enough to leave her cell phone with the pic on the screen out on the desk or some dumb crap like that?
Because it ended up in a student’s inbox and teachers’ contract generally include ubiquitous morals’ clauses of one sort or another.
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