Is it legal for a teacher to be reading pornographic/erotic literature on school property?

Question

Not teaching it. Just reading it to himself for fun during his free time, but within view of his students. (And I'm talking about books and stories, not Playboy. Just erotic romance novels...no racy pictures that would instantly catch your eye....very subtle cover art....)

Say there's an exam taking place, and the teacher is sitting behind his desk reading Lady Chatterley's Lover, to pass the time. Would he get in trouble for this?

(Assume this is happening at a high school.)

Answer 1

Most states have a teacher's code of ethics.  Whether it be legal or illegal, if it violates the code of ethics (which it would seem to do), the teacher can have his certificate revoked if the issue is addressed.  Even if it didn't violate the code of ethics, personal reading while students are present probably isn't the best of things.  He's technically at work doing leisurely things and not monitoring his students.  That's problematic in itself.

However, keep in mind that reading "racy" novels and such is quite different than looking at pornographic images and the like.

It would be best to address his supervising administrator about the problem - in a way that is completely honest and un-exaggerated.

Answer 2

Although it may not be outright illegal for this to happen, it is certainly grounds for termination of employment.  Most district and teacher's associations have a progressive and intermediate discipline system worked into their contract that states the following grounds for discipline to be applied:

1)  Unprofessional and immoral conduct

2)  Evident unfitness for service

3)  Violation of or refusal to follow school, district, or state law

Certainly, a school administrator could rule that having anything on school grounds that could even remotely be construed as pornography could rule that this violates all three of the above.  

What would likely happen is the teacher would be put on indefinite administrative leave, meaning the teacher would be removed from the classroom indefinitely while the school district conducted an investigation of the situation.  If there was enough evidence to conclude that the act jeopardizes a student's right to a good education, the teacher could be fired.

I would think in this instance the teacher would at least receive a suspension without pay for a certain number of days.  What you have to understand is, each school district will apply the "discipline" clause differently and the teachers' union will likely fight to keep the teachers' job.

It is certainly immoral and unprofessional.  Whether the teacher should lose his/her job over it is debateable.

Answer 3

Possibly, if it gets reported.  They will probably just be told that those types of books should be left at home.  They will not get in a lot of trouble, just reprimanded.

Answer 4

I think a lot of your answerers didn't read your question completely.  

Yes, if your teacher was sitting at his desk "reading" Penthouse, that would be inappropriate.  I'm not sure it's illegal, but it's inappropriate, and should be reported (start with the principal).

However, Lady Chatterley's Lover is not pornography.  It's a novel.  Your teacher should NOT be dismissed for reading a novel during an exam.  All that you, as the student, are exposed to is the cover of the book.  If you find the cover of the book offensive, then you're certainly within your rights to politely ask your teacher if he could hide the cover.  You can say that the picture is distracting, or whatever.

I'd be pretty upset if there were some sort of professional discipline for a teacher's personal reading choice.  

Now, there might be another issue:  some school districts prohibit their teachers from bringing in ANY reading material during exam proctoring.  It's a silly rule, and teachers still bring in books anyway.  But the logic is that, if your students are taking a test, and your attention is placed in a book, then you could be ignoring any sort of cheating that might be taking place...

Answer 5

From a news article:

SEATTLE - A proposed bill to permanently revoke teaching certificates for teachers caught with pornography at school got a hearing Wednesday morning.

“Pornography has no place on a school campus and neither does a teacher who exercises poor judgment as to bring it in a classroom,” said Sen. Don Benton (R) of Vancouver, Wash. He is proposing the Senate Bill 56-77.

There is no legitimate reason for a teacher to have pornographic/erotic of literature on his/her person while on school property, especially during school hours.  

Answer 6

WHAT A DUMMOT!  ANY TEACHER WOULD KNOW BETTER..  I DON'T KNOW WHAT THE PENALTY WOULD BE, BUT I HOPE JUSTICE IS SERVED.

WE NEED EXEMPLARY INDIVIDUALS TEACHING OUR CHILDREN.

Answer 7

Something like Lady Chatterly's lover, which is mild by today's standards, might even be taught in the schools, so I don't see any problem with that.  Something more explicit would probably be more problematic, especially if he is reading in front of students.  If this were one of my faculty members, and it were brought to my attention, I would speak with him about it, suggesting that he find more appropriate reading material for the classroom.  Of course, if it were outright pornography, he could be fired for it in some districts.

Answer 8

An example from a district where I used to work where the teacher was fired for doing this- search the name Chris Beiser (i think they can only revoke you teaching license if your looking at child p**n though- insane!)