Attorney obtained summary judgment in a claim brought by an employee of a Board of Education alleging that her First Amendment and Substantive and Procedural Due Process rights were violated when she reported to the school possible grade fixing. Three years ago the Court dismissed by way of a motion to dismiss for failure to state a claim the state based whisteblowing claim. In the motion for summary judgment we were able to successfully argue that plaintiff reported the possibility of grade fixing as part of her job duties and thus was not afforded protection by way of the First Amendment. The Court also held that the plaintiff did not make out a viable Due Process claim since ultimately she remained in the same job position without any loss in pay or benefits.