The teacher got a one day suspension:
Teacher could face legal action
By Jason Carmel Davis • DAILY PRESS & ARGUS • December 9, 2010
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Robert Muise, senior trial counsel for the Ann Arbor-based Thomas More Law Center, said there could still be legal action even though the Howell Public Schools district has already disciplined teacher Jay McDowell for his now-famous disagreement with student Daniel Glowacki on Oct. 20.
"Even though that has taken place, we still have the issue of McDowell violating (Glowacki's) constitutional rights," Muise said. "We also have to find out if the district has allowed this type of behavior by McDowell in the past."
District administrators have said this is the first incident McDowell has been involved in during his nine years as a teacher at Howell High School. But Muise, who will represent the Glowacki family in any possible lawsuit, said nothing will be decided on until the district responds to his Freedom of Information Act request for documents related to the incident.
Muise added he didn't expect any type of action to take place until after the Christmas holiday due to scheduling conflicts and time needed to dissect the documentation.
McDowell said this week he's been advised by legal counsel not to comment on the issue.
"If there is something there, then we'll proceed. If not, so be it. But I can't answer questions without facts I don't have yet," Muise said. "Although the district acted in disciplining McDowell, the student still had his First Amendment rights violated.
"(McDowell) was a government official when he did what he did. The family is very upset with how they have been attacked nationally by homosexual activists," he added.
The center alleges McDowell, also president of the Howell Education Association teachers' union, was "promoting the national homosexual agenda" that day.
Matt Letten, a Howell resident who has been at the forefront of a movement to support McDowell, said he finds it ironic that the Glowackis, who have stated they're not homophobic, have enlisted the services of the law center.
"(The Thomas More Law Center) is one of the most radical and extreme anti-gay organizations in the country," Letten said. "This is further evidence that Howell Public Schools must address homophobia."
The law center was founded in 1999 by Tom Monaghan, founder of Domino's Pizza, and law center President and Chief Counsel Richard Thompson, the former Oakland County prosecutor best known for his role in the assisted-suicide prosecution of Jack Kevorkian.
The conservative, Christian, not-for-profit law center is active throughout the United States. Its stated goals are defending the religious freedom of Christians, and it bills itself as "Christianity's answer" to the American Civil Liberties Union.
Thompson last week said the McDowell-Glowacki case "shows the pernicious way in which homosexual activists have turned public schools into indoctrination centers, and are seeking to eradicate all religious and moral opposition to their agenda."
On Oct. 20, McDowell wore a purple shirt to class in support of an anti-bullying Spirit Day, and he asked a student to remove a belt buckle bearing a Confederate flag. That led to a disagreement between McDowell and Glowacki during which Glowacki said he didn't support the gay lifestyle because of his Catholic beliefs, and McDowell removed him and another student from class.
The district suspended McDowell for one day without pay, saying he overreacted. McDowell has filed a grievance, and a hearing has been set for Dec. 21.
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