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Coolidge v. Riverdale Local School Dist.6/28/2002
. Defendant-Appellant, Riverdale Local School District ("Appellant"), appeals a judgment by the Hancock County Common Pleas Court reversing a Riverdale Board of Education ("Board") decision to adopt the referee's recommendation and terminate the teaching contract of Plaintiff-Appellee, Cheryl Coolidge ("Coolidge") following an R.C. 3319.16 administrative hearing.
. On appeal, Appellant claims the trial court abused its discretion in determining that the Board arbitrarily decided not to extend Coolidge's assault leave beyond sixty days and that the trial court erred by reversing the Board's decision to terminate Coolidge's teaching contract on the basis that the Board provided notice of its intent to begin considering Coolidge's termination prior to the expiration of a valid leave of absence. Because decisions to extend assault leave are within the Board's discretion and the Board provided reasonable justification for its denial, the trial court abused its discretion by finding that the Board acted arbitrarily. Additionally, while the Board gave notice that it was considering Coolidge's termination prior to the expiration of her leave alternatives, no formal action was taken until the conclusion of an administrative hearing conducted well beyond the exhaustion of her excused leave; therefore, the Board's decision was supported by the evidence and as such, the trial court abused its discretion by reversing the same.
. The facts leading to this appeal are as follows. On October 22, 1998, Coolidge, a second grade teacher employed by Appellant, was injured in an altercation with an eight-year-old student in her second grade class. Coolidge returned to work the following morning but left early to attend a doctor's appointment made in response to the injuries sustained the previous day.
. Thereafter, Coolidge requested thirty days of paid assault leave, pursuant to the Board's negotiated agreement with the Riverdale Education Association, which was granted by the Board. Upon expiration of the thirty-day period, Coolidge requested an extension of the assault leave. In response to Coolidge's request, the Board extended her assault leave for a second thirty-day period, which expired on January 15, 1999.
. Beginning on January 16, 1999, Coolidge used her accumulated paid sick leave and remained absent from work until its expiration on May 11, 1999. Prior to exhausting her sick leave, however, Coolidge requested, on February 23, 1999, that the Board grant her a second extension of assault leave. The superintendent recommended that Coolidge's request not be granted, and the Board concurred, denying Coolidge's request. Coolidge did not appeal this determination.
. Upon the expiration of her sick leave, Coolidge began to exhaust uncompensated leave, which according to the Board's policies could extend up to one school year. Coolidge never applied for uncompensated leave as contemplated by the Board's policies; however, the Board unilaterally placed her on such leave after the expiration of her sick leave. Despite phone calls to Coolidge by the superintendent in order to determine her plans for the 1999-2000 school year, Coolidge did not respond; however, three days before the first day of school her husband explained to the superintendent that she would not be returning. Nonetheless, the Board continued Coolidge's unpaid leave until its expiration on May 10, 2000.
. On April 20, 2000, prior to the completion of her unpaid leave, Coolidge received notice that the Board intended to consider the termination of her teaching contract because she had not returned to work since October 26, 1998, she had exhausted all available leave, and she con
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