Beth HobbsEDU 361

East Hartford Education Association, The Connecticut Education

Association, Inc., and Richard P. Brimley

v.Board of Education of the Town of East Hartford, and Barbara Atwood, Robert

Bannon, Kenneth Carrie, M. Glenn Frank, Eleanor Kepler, Walter H. Mills, Jr., Timothy J. Moynihan, Joyce Ruggles and John J. Smith, Jr., individually and in their capacities as members of the

Board of Education of the Town of East Hartford

Regulations for Teacher Dress

The attire of professional employees during the hours when school is in session must be judged in light of the following: Dress should reflect the professional position

of the employee. Attire should be that which is commonly

accepted in the community. It should be exemplary of the students with

whom the professional employee works. Clothing should be appropriate to the

assignment of the employee, such as slacks, and jersey for gym teachers.

Richard P. Brimley

Public School Teacher English & Filmmaking

Did not adhere to the dress code implemented in 1972

Was reprimanded

Followed protocol for complaints

Legal Proceedings

Started with Formal Arbitration Proceedings

Lawsuit filed by Brimley against the Board of Education and its members as individuals

Mr. Brimley’s Argument

The dress code violated his First Amendment right to Free Speech & his 14th Amendment right to due process

“Benefits of his tielessness”

The Board of Education’s Argument

The dress code was in place for the following reasons:

Promotes respect for authority and traditional values

Promotes discipline in the classroom

The First Court Decision

First Court: United States Second Circuit Court

Brimley was granted Summary Judgment stating that the reprimand was a violation of his rights to free speech and privacy

The Final Decision

Case was continued on the United States Court of Appeals for the Second Circuit

The court reversed the Second Circuit Court decision and vacated the judgment

Implications & Application for Educators

Teachers are not permitted to violate school dress code policies.

The best interest of the school supersedes the personal preference of the teacher.