Revocation of Teaching Certificate

	Revocation of Teaching Certificate
	January 31, 2001
	By Dean B. Eggert
In the Appeal of Timothy Morrill (98-473), decided January 19, 2001, the New Hampshire Supreme Court upheld the revocation of a teacher's Experienced Educator Certificate by the State Board of Education for lack of good moral character. The revocation of the certificate was founded upon Timothy Morrill's conviction for simple assault on a minor female in a context outside of the classroom. Morrill argued that "his activities outside of the classroom should only be considered if there was a showing that his actions had a detrimental effect on his ability to teach and that he acted with sexual intent." He argued that testimony from his colleagues of his successful job performance and from licensed counselors that he was not a threat to students demonstrate that his ability to teach was not affected. The Supreme Court held that "we do not find any requirement that Morrill's classroom behavior be the sole basis for determining his fitness to teach [citation omitted]. A school board may terminate a teacher for conduct outside of school if there is a sufficient nexus between the conduct and 'the board's legitimate interest in protecting the school community from harm.'" The court viewed Morrill's conduct toward a student he had been tutoring outside of the school system as indicative of a threat to the well being and education of children in the district. The Court observed that "such a loss of trust negatively affects Morrill's fitness and ability to perform as a teacher." Interestingly enough, Morrill also contended that the State Board infringed on his sincerely held religious beliefs since the conduct between himself and the minor age female fell in the context of "holy kisses" and "holy hugs." The Supreme Court rejected the argument on the theory that "'[t]he New Hampshire Constitution prohibits the State from revoking [Morrill's] license for his religious views but does not prohibit revocation for acts that otherwise constitute unprofessional conduct, regardless of their religious character.'" Citation omitted. This case is significant because it limits the availability of a common argument made by teacher advocates that there must be a nexus between outside conduct and a teacher’s fitness and ability to teach in order for there to be termination or revocation of a certificate. The Court has signaled that any outside conduct which bears on the safety and well being of the school community may be considered in determining whether that nexus exists.