Saturday, June 23, 2018

What teachers can and can't say. Did a Citrus County educator's podcast cross the line?

Should the Citrus County teacher be permanently removed from the classroom?

Yes - as long as it is legal
No - it would violate her First Amendment rights
Maybe - Only if she shared her view in the classroom

Total Votes: 96

TAMPA — Is a public school teacher allowed to promote controversial political views?

That depends on a lot of things, including where, when and how the ideas are presented.

Those details will matter as Citrus County school officials investigate the case of Dayanna Volitich, a 25-year-old social studies teacher who was removed this week from her classroom duties at Crystal River Middle School after revelations that she hosted a podcast espousing white nationalist views.

"If what they say is true, it’s beyond the pale," said Dennis Holt, high school social studies supervisor for the Hillsborough County School District.

PREVIOUS COVERAGE: Teacher accused of hosting white nationalist podcast said it was ‘political satire’

But what about Volitich’s right to do what she wishes, as long as it is legal, in her spare time? And what if the material in the podcast had been more mainstream?

"It’s interesting," said Jennifer Morley, president of the American Civil Liberties Union for greater Tampa and a former high school government teacher.

"Some people consider it hate speech, so that’s a problem. But if it’s not on school time … it’s nuanced. As as a government employee, you don’t have unfettered free speech rights, so that’s something that has to be kept in mind."

In a statement from her attorney, Volitich described her podcast as "satire" and denied that she is a white nationalist. She produced the podcast, called "Unapologetic, under the name "Tiana Dalichov."

News about the podcast, first reported by Huffington Post , broke over the weekend. In response, the Citrus County School District announced Sunday that Volitich has been removed from the classroom while it conducts an investigation.

The Huffington Post found Volitich and her guests espoused anti-Semitic conspiracy theories and suggested that Muslims be exterminated "from the face of the Earth" to prevent terrorism."

A guest on one show said it was hard to believe that "a kid from Nigeria and a kid who came from Sweden are supposed to learn exactly the same," to which Volitich agreed, adding that "science" proved some races are more intelligent than others, according to the Huffington Post .

The report said she also bragged about spreading controversial beliefs in the classroom and dodging school administrators after some parents complained.

Education officials said Monday that the case flies in the face of measures most teachers take to avoid being accused of imposing their views on impressionable students.

Teachers are advised to hew closely to the Florida standards, which encourage students to arrive at their own conclusions on controversial issues. Teachers can offer facts, but are told to keep their opinions to themselves.

"You should never say who you are voting for," said Rebecca Kaskeski, manager of the Hillsborough district’s Office of Professional Standards. "You should not say whether you believe in God."

Kaskeski went as far as to say a teacher should not try to talk a student out of belief that climate change is a hoax, or that the Holocaust did not happen. They could be learning those views at home. "You cannot get into offshoot opinions," she said. "The potential to offend someone greatly is so strong."

Morley, of the ACLU, remembers taking great pains in her teaching years to present both sides of an issue. "I did debates, I did mock elections, I was all in," she said. "But I was always really, really careful."

By sticking to the state standards, a teacher can avoid problems even when dealing with a hot-button issue such as slavery, abortion or gun control.

"Without saying, ‘Here’s what I believe,’ you can say, ‘Here’s what some folks believe, here’s what other folks believe,’" Holt said.

"You feel like you’ve done your duty if, at the end of the day, they say, ‘This is what I believe and here’s why,’ even if it is diametrically opposed to what you believe. It’s not your job to dissuade them from a strongly held belief."

That’s not to say personal views never creep in. But complaints about teachers expressing them are rare. "I think teachers really get it," Kaskeski said. "And they are so busy, there’s not a lot of room for sidebars."

Sometimes, controversy can arise that has nothing to do with the class lesson.

Lora Jane Riedas, a math teacher at Hillsborough’s Riverview High School, ran afoul of the conservative Liberty Counsel in Orlando last year in a dispute about religious jewelry, posters that signaled her acceptance of LGBT students, and a student’s "Make America Great Again" hat.

Riedas, faculty advisor for the school’s Gay Straight Alliance, defended herself successfully against all the allegations. Rosaries, not crosses, were banned in accordance with the school dress code, the investigation found. So were hats of all kinds, not just those in support of Donald Trump, also by school policy.

READ THE GRADEBOOK: The talk of Florida education

"I teach the curriculum," Riedas said. "That’s what I do. I just teach. The mere fact that a student may know about who I am, if that upsets them, I can’t change that. But I still teach them."

Citrus school officials would not comment on the Volitich case on Monday.

Martin Powell, chief of staff and general counsel for the Florida Education Association, said Citrus will have to take a hard look at Volitich to see if any of her views espoused on the podcast transferred into the classroom.

"The line generally is whether or not it impairs the ability to do whatever the operation is," Powell said. "If anything you’re saying or doing in that capacity is directly impacting the ability of the school district to run in the manner they’re supposed to run … that’s really where the line is."

Even if the district can’t find proof that Volitich’s views affected classroom instruction, Powell said Citrus could have grounds to take action against her by claiming "loss of effectiveness." The State Board of Education could also investigate Volitich and take action regarding her teaching certificate.

Loss of effectiveness means the public has lost confidence in the teacher to do his or her job effectively, Powell said. Parents might not want that teacher teaching their children. Colleagues might feel uncomfortable working alongside her.

"They’re determining at what point the First Amendment right allows you to do something in the classroom," he said. "Does it cause disruption? Does it cause safety concerns? Does it disrupt the learning environment?"

But using that as grounds for punishment may get complicated. Powell says that term is tough to define and is highly contested.

"It is possible but it’s a difficult hurdle," he said. "Those things do have their process."

Contact Marlene Sokol at (813) 226-3356 or [email protected] Follow @marlenesokol.

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