Marie Jarry's Plight Not Unique; 5 Ways to Fight Back

Apparently, Connecticut's teacher shortage is not so severe that those faculty members who prefer bikinis to burkas can't be run out of town on a wheelbarrow. There is the case of Southington, Connecticut, teacher Marie Jarry who exercised her First Amendment right by appearing in a bikini on the Howard Stern show. On May 9, she abruptly resigned her teaching position, and it is still unclear whether or not she did so because of pressure from the community or because the school board told her to resign.

While I am one of those middle-aged men who is much sexier when clothed, I certainly can empathize with Mrs. Jarry's plight. All it took was a very tasteful televised news bit about my religion, Wicca, and all heck broke loose. One day, I was a tenured teacher in Nowhere, Nebraska. The next day, I was a baby eating devil-worshipper. Parents took their children out of my classroom, administrators and school board members publicly discussed the supposed dangers of me and my faith, and students felt justified to assault me in the classroom. About a year later, I was a spitting image of the shell-shocked soldier in Tom Lea's famous painting "The Two-Thousand Yard Stare." One cold February morning, all there was left for me to do was to pack up and walk out.

What teachers, pop singers, baseball stars and politicians have in common with the rest of us is that they are entitled to live their lives freely, confined only by local, state and federal law. Had Marie Jarry violated the dress code by going to work topless, she should indeed have been fired. If she removed her top on the Howard Stern show, that may not be your cup of tea, but as long as she is not breaking any laws, that's her business and hers alone.

A word about community standards: sometimes, they are dead wrong. They are what got Hitler elected, put the Taliban in charge of Afghanistan, and made cross burning a Southern pastime. Thank goodness those times are past. Pandering to "community standards" can only save you for so long. When the finger points to you, all you can do is fight back.

Here are five ways of fighting back:

Be proactive.

When I look back on my own ordeal with my own Talibanesque school board and administration, I regret listening to my union reps. So I turned the other cheek each time I allowed parents to have their children removed from my classroom. I permitted students and colleagues to call me a devil-worshipper and worse. I tried to be a good sport about it all, hoping it would all blow over in time. The union advised me not tell my side of the story; after all, telling what my religious beliefs really were about would allow the school board to fire me.

But the end result was the same. In retrospect I can only recommend to embattled teachers to exercise political savvy. Every teacher is someone's favorite, no matter how mean he or she may be. I strongly urge teachers to cultivate good relationships with their youngster's parents. Call the parents of the kids you love. Tell them how wonderful their kids are, how much they enrich your professional experience and your life. Make them feel good about having you as their child's teacher. Make friends with the parents of your community. Parents are much more willing to forgive a friend. And most importantly, they are powerful allies. A teacher who is loved by the school district's parents is one that school boards and administrators fear to reprimand.

File Grievances.

Let your administration know right away that you are not to be trifled with. Besides, if you need to sue your school district, you'll need to document that you followed procedure. Work with your union representatives, but do not trust them blindly. Remember that schools are highly politically charged environments. You can't always be certain just who is on whose side.

Do not be afraid of reprimands by your administrators. Confrontational administrators will retaliate, even though retaliation in the grievance process is illegal. Tenured teachers should file grievances more readily than those who are not tenured. Non-tenured teachers need to exercise much more care when documenting grievable offenses.

Trust the union, but only to a point.

Over the last two to three decades, teacher unions have tried to redefine themselves as professional organizations. They are no longer unions in the traditional sense. For example, when was the last time you heard of a teacher strike? Union stewards view themselves as go-betweens rather than advocates; they're only willing to ruffle so many feathers. In the end, they know that five hungry college kids are already waiting for your job. They are not hurting for members willing to pay union dues.

Any teacher should have an attorney on retainer, preferably one specializing in labor relations or civil rights. And both, your union rep and your administrator should know that you have one and are ready to use him or her. In a perfect world, your attorney and your union would be a team. But in the world of public education, things haven't been perfect for a long time.

Utilize the legal process.

"The best man cannot live in peace," a German poet wrote. "If it does not please his evil neighbor."

If your administration thinks you are bluffing, and they have an overwhelming need to test your resolve, you are in no way obligated to back down. If you feel your battle is worth fighting, and if you feel strong enough to fight it, there is no need to withdraw. Remember that your school district fears legal action just as much as you do.

Only your attorney can advise you about the legal merits of your case.

It is absolutely essential that you draw as much emotional support as you can. Legal battles can be emotionally draining. You'll be tempted more than once to just throw the towel.

Don't be afraid to tell your story.

There is no use being ashamed when you have nothing to be ashamed of. You own your experiences, and a consultation with your attorney may reveal that the school district cannot silence you - not for free. Not all ordeals make material for that million dollar kiss-and-tell book contract. But you have a right to tell your story to whomever you want, and administrations hate having their dirty laundry aired.