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The Other Side in Educational Law: College President Removed in Religious Dispute

By Justin Bathon

Perhaps a question I get asked more than any other by educational leadership practitioners is where to draw the line between following the black letter of the law and following the wishes of the community when they don't conform with the law. Of course, as a lawyer, I would never (or at least close to never) advocate a school leader disregard the law. The law is but a democratic expression of the people's will and as such does represent the views of the community in itself. But, occasionally, the views of the narrowly defined community (your local district) conflict with those of your more broadly defined community (the nation or state). Well, that seems to be the case at the College of William and Mary where the president of the university has resigned over a controversy surrounding his ordered removal of a cross from the college's chapel ( William and Mary is a public university). Here is some commentary from Hannity and Combs which introduces you to the story:

I am not going to weigh in on the controversy, but the point is that at some time in their careers every school leader comes face to face with the line between legally correct and socially correct (as defined by their employers, school boards or boards of trustees). This university leader was faced with such a decision and decided that as a lawyer, he would side with the law. I respect his decision, but the decision did not come without consequences and the ultimate consequence for any school leader is removal from their job. The question of crossing the line is not one easily answered and requires as much internal political and ethical considerations as it does black letter law considerations and it is a question I cannot answer for any student or school leader. Suffice to say that this is one of the many perils of leadership in a democracy and the kind of decision our school leaders need to be prepared to make when they leave our leadership preparation institutions.

Full post as published by Edjurist on February 13, 2008 (boomark / email).