From:SARATOGANY@aol.com
Date:Tue, 4 Dec 2001 06:35:36 EST
Subject:MI:VICTORY IN PLYMOUTH-CANTON (school gay history month display grievance)

Message from:
The Coalition for Safer Schools of NYS, PO Box 2345, Malta, NY 12020
John Myers, Director of Operations and Programs
Email to:SARATOGANY@aol.com
The Real or Perceived Gay, Lesbian, Bisexual and Transgendered Student Protection Project

FYI
PLYMOUTH CANTON SENIOR HIGH SCHOOL
8415 Canton Center Rd
Canton, Michigan 48187
Office:(734) 416-2850
Fax:(734) 416-7549

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Subj: VICTORY IN PLYMOUTH-CANTON
Date: 12/3/2001 10:22:18 PM Eastern Standard Time
From: SidBru
To:SARATOGANY

This e-mail is being sent out by Mike Chiumento. Please feel free to share it.

On October 7, 1999 Interim Superintendent Kenneth Walcott ordered Middle School teacher Mike Chiumento and High School teacher Tom Salbenblatt to dismantle their respective displays celebrating Gay and Lesbian History. This action took place in the Plymouth-Canton School District in Michigan. A grievance was filed by the PCEA on October 25, 1999 and the matter proceeded to arbitration Today, December 3, 2001 the arbitrator in the matter, Mr. Paul E. Glendon issued his decision. Mr. Glendon has sustained the grievance.
The Award is printed below along with a paragraph from his findings that summarize the award.

DISCUSSION AND FINDINGS

Unfortunately, however, Walcott (interim superintendent) cannot be taken at his word, because it is painfully apparent that his real reason for ordering grievants to take down these displays was that they themselves are gay and in his personal opinion their purpose was to "promote [their] own lifestyle." It is true, as the Employer emphasizes, that it brought no formal charges to that effect against either grievant. But if anything what Walcott did was even worse, and potentially more damaging to their reputations and professional standing, than formal disciplinary charges. He went on television and stated that "clearly" was what they tried to do, and he reinforced that statement in a meeting with Salbenblatt by repeatedly using the word "promotional" and telling Salbenblatt (as Walcott admitted), "If that's your lifestyle, that's your choice" but he couldn't "take us off our mission."

AWARD

Grievance No. 99/00-2 is sustained in the following respects: the Employer violated Article XVIII when it summarily ordered grievants Michael Chiumento and Thomas Salbenblatt to take down displays on gay and lesbian history, because those orders constituted special limitations upon their academic freedom to present facts and ideas concerning man and human society and, as publicly explained, charges that they had abused their rights under Article XVIII, and because it did not afford them due process with respect to such charges as required under Article XVIII, B.; it also violated Board Policy 9130 by not using the complaint review procedures set forth therein to provide for judging alleged public complaints about such displays in a fair and impartial manner; as to grievant Salbenblatt, it also violated Article III, B. by restricting his constitutional right of free speech in his classroom. The Employer shall issue written apologies to grievants for such violations and shall desist from such violations in the future.
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This message has been distributed as a free informational service for the expressed interest of non-profit research and educational purposes only.

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John Myers
Director of Operations and Programs
(518) 587-0176

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Last updated 12/12/2001 by Jean Richter, richter@eecs.Berkeley.EDU