Teacher rights when fired.

Teachers need to know their rights. In an unusual move, a National Education Association attorney for a teacher acquitted of sexual abuse charges in court was recently smacked with sanctions for bringing to court what the judge thought was a frivolous lawsuit.

David Perino, a former teacher at Prince William County Public Schools in Virginia, was charged about two years ago with sexually abusing a mentally handicapped student but was later acquitted in court. Perino then filed eight lawsuits against the system and some employees.

When he tried to win his job back and clear his name in January, a Prince William Circuit Court judge ordered sanctions against him and his attorney, Pamela Cave. The judge claimed the lawsuits were harassing and ordered the pair to pay more than $14,000 to cover the school's legal fees. (Cave could not be reached for comment.)

In light of the case, Michael Simpson, assistant general counsel for NEA, says teachers have rights but the judge felt the allegations were frivolous.

Every state has some tenure protection, meaning veteran teachers can only be fired for just cause, Simpson says. Teachers usually have rights to a school hearing such as before the school board or a state education agency, and only a majority of the members listening to the evidence must find wrongdoing to take action, he adds.

In a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant committed a crime. The jury must be unanimous to convict.

"Anyone can sue anybody else," Simpson says. Sometimes, a teacher is let go because they might have "ticked off the powers that be" and in some cases, First Amendment lawsuits are filed, Simpson says. Those win "once in a blue moon," he says.