Jeannette Sather

OLPD 5348
Final Scenario
March 2017

The Scenario

A social studies teacher experienced a stillborn birth, and has returned

to work after a six-week leave. Colleagues report that the teacher is

unable to have conversations without talking about her recent loss.

At the most recent parent/teacher conferences, parents complained

that the teacher used the conference time to talk about her loss and

not the students. One parent suggested that the teacher seek

professional help, and now the teacher would like that parents child

removed from her class. The teacher has also contacted the teachers

union, who suggested the teacher be reassigned as a counselor for

students who have also experienced loss. The union stated this would

be a reasonable accommodation under ADA.

Thoughts left unanswered

The teacher may qualify for accommodations under the Americans

with Disability Act, but it is unknown if she has documentation

identifying an emotional illness. Also to be determined is if the

emotional illness is substantially limiting a major life activity. The

teacher is reporting to work after her leave of absence, and the

principal has not indicated that her job performance has suffered due

to the situation. It does appear that the teachers demeanor is

affecting relationships with colleagues, and other teachers are feeling

uncomfortable about the conversations the teacher is unable to stay

away from. Although this would not qualify under a sexual harassment

policy, I wonder if it would fall under some sort of harassment policy.

The teachers request to have a student removed from her class

because the parent undermined her authority is also questionable. It is

unclear what authority was undermined. Bringing the teachers union

in to the situation added another layer to the complication. The

suggestion of job reassignment as an accommodation becomes

unreasonable if it requires the creation of the position. A possible

ethical consideration is that the teacher may not be in an emotional

state that would allow her to counsel children, nor is it known if the

teacher is licensed as a school counselor.

Steps Id take to resolve the issue

The first step Id take as principal, is to check with Employee Relations

on any possible policy violation the situation may be related to. I

would check in to the ADA accommodation suggested by the teachers

union, and if the teacher qualifies for accommodations.

Then Id meet with the teacher to talk about what she needs to help in

her recovery both at work and outside of work, and the concerns that

her coworkers mentioned. Id provide her with information on the

Employee Assistance Program. Wed discuss the authority she feels

she lost, and how to repair that feeling.

Finally wed discuss the requested accommodation and other options

that would be appropriate to the situation.

Final Thoughts

Although it may have been inappropriate for a parent to suggest a

teacher seek professional help, it is unprofessional for a teacher to

discuss personal matters during a parent conference. Its clear that co-

workers of the teacher are becoming increasingly uncomfortable with

her constant conversations about her loss, and the teacher needs

support in dealing with her grief. Which would indicate she is in no

place to counsel students in processing their loss, thus making the

proposed accommodation from the teachers union not a viable

solution.

The teacher does need support in dealing with her loss. Possible

accommodations could include an extended leave of absence, or

possibly an altered workday in order to allow time for her to get the

emotional support she needs. It has not been indicated that the
teachers work with students has suffered, but it could be only a matter

of time before the conversations begin to happen with students, if it

hasnt already happened.

Although I dont believe any school or school district policies have been

violated during this situation, the teachers well-being, relationships

with co-workers, and parents are all affected by her loss. An informal

intervention of some kind needs to put in place, and hopefully the

principal, teacher and union can work together to put the most

appropriate accommodations in place, whether dictated by ADA or not.