(DOWNLOAD) "Rinaldo v. Dreyer" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Rinaldo v. Dreyer
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
QUA, Justice. The petitioner, after serving as a teacher in the public schools of Revere for the three consecutive school years beginning in 1927, 1928 and 1929, was re-elected in 1930, and thereafter served at the discretion of the school committee under G.L.(Ter.Ed.) c. 71, § 41. In 1927 the committee adopted a rule that 'there shall be inserted in the contract of every woman teacher elected a provision that the marriage of the teacher who signs the contract shall terminate the contract and that this provision of the contract shall be in force even after said teacher goes on tenure.' In 1929 the committee adopted a second rule that 'the marriage of a woman teacher * * * shall operate as an automatic resignation of said teacher, and this regulation shall apply to teachers on tenure.' The petitioner was well aware of the policy of the committee as indicated by these rules, for her annual contracts of employment, including the final contract as a result of which she went 'on tenure' at discretion under the statute, contained express stipulations, to which she assented, to the effect that her marriage should terminate the contract. In June, 1935, she married. In the following September the committee would not permit her to teach, and on November 12, after notice and a hearing in accordance with G.L.(Ter.Ed.) c. 71, § 42, as amended by St.1934, c. 123, the committee dismissed her, the 'causes' stated being her 'violations' of the terms of her contract as a teacher and of the rules hereinbefore mentioned. There was no evidence of bad faith on the part of the committee. The primary question to be decided is whether if a school committee has adopted a policy forbidding the employment of married women teachers, the marriage of a woman teacher can be found to be 'good cause' for dismissal under G.L.(Ter.Ed.) c. 71, § 42, which, in its present form as amended by St.1934, c. 123, provides that a teacher employed at discretion 'shall not be dismissed, except for inefficiency, incapacity, conduct unbecoming a teacher * * * insubordination or other good cause.' We think the answer must be in the affirmative.