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UPDATE BELOW

A persistent little reporter from WJHL created quite a stir in Hawkins County this afternoon when she spent some time bouncing around the Hawkins Elementary School car-rider’s pick-up line asking parents what they thought about last Tuesday’s (2/3) arrest of the 4th grade Science/Social Studies teacher.

Most of them knew nothing about it.

Apparently, while we parents and kiddies were off enjoying our snow days, Veleka Setsor was embroiled in some type of domestic dispute with her 18-year-old daughter, Cheyenne.  According to the police report, the victim told and HCSO officer that  her mother demanded that she  leave the residence and then retreived from a bedroom “what appeared to be a rifle.”  At that point, the mother allegedly threatened to kill her.

Setsor claims she thought the weapon was a pellet gun and denied making the threat.  But the officer confirmed in his report that the threat was overheard during the 911 call.

She was subsequently charged with aggravated assault and arrested.   She spent some time in the county facilities but was back at her desk when the school-week started today.

Of course, I’m sure you can learn more about this on the WJHL broadcast – if it hasn’t aired already.  Last I heard, the reporter was still trucking around town trying to obtain a copy of the 911 tape or locate a harried, outraged parent to put on camera – and that was several hours before Smartypant’s ballgame.

I’ll tune in at 11 o’clock  and try to catch it – or a repeat of it.  Since I overheard many of the comments from parents, I’m curious to see what will be aired and how the piece will be edited.   It’s a unique position being the watcher of the reporter and a consumer of the news.

As for the school… well, to my understanding, they’ve placed another adult in the classroom with Setsor until the issue is resolved.   Beyond this, there isn’t much they can do.  Setsor is a tenured teacher.   This means she cannot be fired unless the school board has an airtight, iron-clad, lawsuit-proof  reasons – like she robbed a bank and was convicted, threw a keg party in the gym, or voted for Obama…

Okay, they can’t fire her for voting Democrat.

Tennessee state law outlines the five acceptable reasons a  tenured teacher may be dismissed: Incompetence – incapability of a teacher to  perform because of mental, physical, professional, personal, educational, and/or  emotional factors. Inefficiency – being below the standards of efficiency maintained by others currently employed by the board for similar work, or habitually tardy, inaccurate, or ineffective performance. Neglect of duty – gross or repeated failure to perform reasonably expected duties and responsibilities, or continued unexcused or unnecessary absence. Unprofessional conduct – includes immorality, conviction of a felony or crime involving moral turpitude, willful failure or  refusal to pay one’s debts, disregard of the Tennessee Education Association code of ethics, or improper use of narcotics or intoxicants. Insubordination – may consist of: 1) failure to obey rules, regulations, and laws set by the state and local school boards, 2) failure to participate in in-service training, 3) treason, or 4) refusal to disclose participation in communist or other parties interested in the overthrow of the government. 5.  Denial, suspension or revocation of a license or certificate in another jurisdiction for reasons which would justify denial, suspension or revocation under this rule.

I think they’ve since added  noncompliance with security guidelines for TCAP or defaulting on a student loan.

One might argue that some of those apply, but whether or not the conditions for termination have been met cannot be based on opinion.  School officials have to provide proof  in an administrative hearing.  As far as I know, there have been no formal complaints lodged against Setsor for  incompetence,  inefficiency or unprofessional conduct in the classroom.   She hasn’t been inexcusibly absent.  She doesn’t fail to show up for her classes.   And I saw her leaving school once at the beginning of the year and there was no “I’m a Commie” bumper sticker on her car.

She also hasn’t been convicted of a felony crime: just charged.  (There’s that whole Innocent Until Proven Guilty thing, ya know.)  While the board might take steps toward a dismissal, if the charges are dismissed or reduced to misdemeanor, Hawkins County would find themselves  in violation of the state’s teacher tenure law and get slapped with a wrongful dismissal lawsuit.   Plus, Setsor would likely regain her job on judicial appeal.  If convicted of a lesser charge, Setsor’s jail time would have to result in unexcused absence from school before she could be dismissed.   This means she’d have to be denied work release.

Of course, I’m not defending Setsor.  I don’t know her.  My kids haven’t made it to that grade level – and I can’t say whether she is or is not a good teacher.  What I can say is this:  According to Tennessee State law, the Hawkins County School system has no legal reason to fire her.

So, perhaps the story will focus on the need to re-examine the state’s teacher tenure laws?  (I don’t know if there is a need.  I haven’t studies the pros and cons of tenure.)  If  not, well then… at least the adorable chubby-cheeked toddler girl in pink will get to be on the TV News.  She was rather pleased about that.

Oh Melissa Hipolit, what are you doing?  I caught the report online.   Out of the long, long lines of parents – we’re talking over 50 Mommy Mobiles – and after all that coaxing, these are the few parents, who offered up comments to complement the story?   Not only are those comments heavily edited, there’s no mention of tenure, no explanation of why the teacher can’t be dismissed or under what circumstances she can.  And Hipolit says: this is “something the school system never made them aware of“  School just started back today.  Although the students are aware of the issue: how exactly would the school system make parents aware of the pending charges.   Should they send home a letter?  Saying what?  Given that the incident did not occur at school or involve a student, are they permitted to do this?  AND FINALLY, you didn’t bother to include the cute chubby-cheeked toddler.  I’ll bet she’s disappointed.  So am I.

Oh well, at least Miss Tracy looked cute and Smartypants’ feet were on TV. We’re so proud.

2 Responses to “Tenure Laws Tie Hands”

  1. Carolynn Elder says:

    Most mothers of 18 year old daughters will understand the death threat…

    Maybe someday Amanda and Jessica will tell you the story of the day i sat them on the sofa and then beat the tar out of the club chair because i was too angry at them to spank them.

  2. demarcationville says:

    Yes, the grown daughters of most mothers have heard those “death threats” – perhaps as frequently as we’ve heard: “You’re not leaving this house in that get-up.” And there are other reasons I suspect the charge will be reduced or dropped.

    This is not to say she shouldn’t be suspended or some other action taken. I’m simply pointing out there is a process the county must go through in order to do this.

    Parents running off, half-cocked and a bit crazed, to the Hill with few facts but lots of third-hand information culled from the pages of Topix isn’t going to get anything accomplished. Quite often, it’s easier to initiate change or take action if you understand the system you’re bucking and work within it to some degree.

    I’m not entirely sure tenure should be scrapped either. Seems as though the laws do serve to prevent politically motivated mass firings or staff changes with each newly elected school board or appointed Director. In Hawkins County, such protections are probably necessary.

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