Glowacki v. Howell Public School Dist. June 19, 2013
Members of the Howell High School Gay Straight Alliance wanted to participate in a national campaign aimed at raising awareness of the bullying of gay, lesbian, bisexual, and transgendered youth on October 20, 2010. As such, the student group submitted a flyer its members hoped to post around the high school with information about Anti-Bullying Day to Principal Aaron Moran. The flyer, which was ultimately approved and placed throughout the school, identified October 20, 2010 as Anti-Bullying Day and asked students and teachers to wear the color purple in recognition of the day. Other than approving the posting of the flyer, the school did not sanction activities or events in connection with Anti-Bullying Day.
Defendant Jay McDowell, one of plaintiff Daniel Glowacki’s teachers] wore a purple ... t-shirt to school on Anti-Bullying Day. Before proceeding with his lesson plans that day, McDowell engaged his students in a brief discussion about bullying and showed a short video about an individual who committed suicide as a result of being bullied due to his sexual orientation. This presentation caused no problems until McDowell’s sixth hour class.
As students began filtering into McDowell’s economics class, McDowell noticed a female student wearing a Confederate flag belt buckle and asked that she remove it. Daniel, who arrived to class a “little late,” witnessed this interaction. From this point forward, the events in question become muddled as the participants and witnesses have different versions.
During his deposition, Daniel testified that after the student removed her belt buckle, class began and McDowell “started to explain about ... his purple shirt, what it represented and what it meant.” At this time, Daniel “calmly raised [his] hand” and asked McDowell why the female student could not wear a Confederate flag belt when students and teachers could wear purple shirts and display rainbow flags. McDowell responded by explaining “the difference in symbolism between the Confederate flag and the rainbow flag.”
According to Daniel, this explanation included statements “that the Confederate flag represented the hanging and slashing of African Americans, that it wasn’t allowed in his classroom, and that it was discrimination against blacks.” Daniel then apparently voiced his concern that the purple shirts discriminated against Catholics. McDowell testified that after providing the symbolism explanation Daniel said “I don’t accept gays.” According to McDowell, he told Daniel that he could not say that in class, to which Daniel responded “I don’t accept gays because I’m Catholic.”
In a written statement concerning what transpired in his classroom, McDowell indicated that he conveyed to Daniel that it was fine if Daniel’s religion was opposed to homosexuality but that saying such things was inappropriate in a classroom setting. McDowell admits that he became emotional during this discussion but tried to illustrate the statement’s inappropriate nature by analogy. McDowell explained that one cannot say “I don’t accept gays” any more than one can say “I don’t accept blacks.”
McDowell “then asked Daniel if he accepted gays or not. Daniel said he did not.” At this point, “McDowell threw Daniel out of class and wrote up a referral for unacceptable behavior.” At this point, another student asked, “I don’t accept gays either, can I leave?” McDowell said yes....
After Daniel and the other student departed, those remaining in the classroom asked “why McDowell had thrown them out and why didn’t they have free speech.” McDowell “explained that a student cannot voice an opinion that creates an uncomfortable learning environment for another student.”
As a result of the above-described interaction, the School District conducted an investigation. Although Daniel was removed from class, all record of any discipline was removed from Daniel’s file and he was placed in another economics class by parental request.
The School District did, however, issue McDowell a reprimand. The written reprimand provided that McDowell “disciplined two students for holding and stating personal beliefs, to which you disagree. You disciplined them in anger under the guise of harassment and bullying because you opposed their religious belief and were offended by it. The students were causing no disruption to the educational process.” The reprimand further indicated that McDowell “disciplined two students who told you that they do not accept gays due to their religion. After a failure of getting one student to recant, you engaged in an unsupported snap suspension, rather than allow the student his beliefs.” The reprimand opined that McDowell “modeled oppression and intolerance of student opinion . . . This could be construed as teacher-to-student bullying; ironic of the Anti-Bullying Day intent.”
The School District suspended McDowell for one day without pay and ordered McDowell to participate in First Amendment training.