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ADVISERS not l old that witnesses would be permi tted and therefore did not have any prese nt i n her defense. Hagen sees this as ev i dence ou tside the hearing and an infringement of the due process provided for i n the Colorado Tenure Act. Bill Bet h k.e, an attorney for the CEA, is representing Norton in he r appeal. He said that the suit does not incl ude claims of First Amendment violations because the heari ng officer had decided in facI that there had been no such occurrence. At the appeal level only questions of law can be addressed: the facts can not be disputed. In Colorado the remedy in tenure proceedings on a ppeal has changed a great deal in recent years and is still developing, Bethke sa id. He stated that he was hoping to

get \.he recommenda tion of probation taken. He bases his argument on a reading of the Colorado Tenure Act which differs from Schulman's. The Act in one place says t here are three results from a hearing: retention, dismissal or probation. Elsewhere the Act reads that the hearing officer can only reco m men d dismi ssal or re tention. Bethke argues that probation is a form of retention and the re fo re Schulman could have suggested probation whereas she said that this was not an option. Bethke is currently waiting for the briefing schedule. He expects the briefs to be due in February 1 986 and the lrial between three and nine months later. •

New York

Adviser claims principal's censorship in suit which seeks her reinstatement The former a d viser of the st ude n t newspaper a t Carle Place High School on Long Island, NY, is awaiting the trial in her case against adm i n i strators of lhe Carle Place Un ion Free School District. Carle Place English teacher Joa n Lyons Sulsky is seeking reinstatement to her position as adviser of the st udent newspaper, The Crossroads, a job she claims she lost because she refused to censor the paper's content. Su lsky says that the con tlicl began a month after Edward Lei s t m a n became pri nci pal of Carie Place i n September t 978. Leislman informed Sulsky that he ob­ jected to an article on a teachers' strike and demanded that in t he future all copy be s ubm itted to him for appro val before publica.tion. Sulsky says thaI Leistman used this prior review policy at various times to order anicles removed, rewritten and qualified. Sulsky often re fused to comply with Leistman ' s demands and pub­ l i shed anicles about wo men a n d the draft, conscientious objectors and an editorial on Carie Place's diminiShing curricu l u m a l l against the princi pal's wishes. ' In August 1 9 8 1 . without explanation . Leistman remov­ ed Sul sky as adviser of The Crossroads, a position which she ha d held for twenty years. Sulsky filed suit in federal court i n Apr i l 1 982 claim ing that her First Amendment righ ts were v iolated because her di smissal was in retalia­ t ion for her refusal to censor her students. The school district filed a motion for su mmary judgment earlier this year. It argued that the constitutional rights Sul sky cla i m s were viola ted belonged to her stu­ dents a n d not the adv iser a n d that the adviser does not have standing to sue on behalf of her students. The j udge denied the motion i n J u ne 1 984 ci ting the recent Colorado Supreme Court c ase Olsen �'. Slate Board for Community Colleges and Occupalional EducaTion, 687 P.2d 429 (Colo. 1 984). which established in that state an adviser's standing to sue on beh a l f of his or her students for aJteged First Amendment violations. The court also said that there was sufficient dispute about the facts to warra nt a trial by jury. Ciro Matarazzo, Sulsky"s attorney, said t hat the court date wa s ex pected to be set for sometime before the end of

1 985.

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Winter 1 985·86

SPLC Report 25

Winter 1985-86  

Vol. 7, No. 1

Winter 1985-86  

Vol. 7, No. 1