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Bertolini v. Whitehall City School District Board of Education9/26/2000
epted most of the referee's findings of fact, but rejected or modified some of the referee's key factual determinations.
On November 6, 1998, appellant filed a complaint with the Franklin County Court of Common Pleas pursuant to R.C. 3319.16. In the complaint, appellant disputed many of the board's findings and requested the court to enter an order: (1) reversing the board's termination of his contract; (2) reinstating him to his position with Whitehall with full back pay and benefits; and (3) "that the charges and the record of the hearing before the Referee be physically expunged from the minutes of the Board."
On November 4, 1999, the trial court held that the "totality of the circumstances in this case and the aggregate of Appellant's conduct constitute serious enough matters to justify the termination for immorality and other good and just cause." Appellant appeals this decision and presents the following assignment of error:
In affirming the School Board's decision and resolution, the Court of Common Pleas abused its discretion by failing to give the appropriate deference to the statutory Referee's findings of fact, which were supported by the greater weight, or preponderance, of the evidence.
In his assignment of error, appellant argues that the trial court should have reversed the board's resolution because it was not supported by a preponderance of the evidence. Appellant claims that the "court below abused its discretion by simply affirming the Board's resolution without challenging its misinterpretation and misuse of the facts as determined by the Referee." The trial court found that appellant's termination was proper because appellant's conduct was: (1) immoral, and (2) constituted willful and persistent violation of Whitehall's policies. We will discuss each of the bases the trial court relied upon in its opinion in the order they have been presented.
R.C. 3319.16 states in part:
The contract of any teacher employed by the board of education of any city, exempted village, local, county, or joint vocational school district may not be terminated except for gross inefficiency or immorality; for willful and persistent violations of reasonable regulations of the board of education; or for other good and just cause. * he teacher may file with the treasurer a written demand for a hearing before the board or before a referee *. * The hearing shall be conducted by a referee appointed pursuant to section 3319.161 of the Revised Code, if demanded[.]
*
After a hearing by a referee, the referee shall file his report within ten days after the termination of the hearing. After consideration of the referee's report, the board, by a majority vote, may accept or reject the referee's recommendation on the termination of the teacher's contract. After a hearing by the board, the board, by majority vote, may enter its determination upon its minutes. Any order of termination of a contract shall state the grounds for termination. If the decision, after hearing, is against termination of the contract, the charges and the record of the hearing shall be physically expunged from the minutes, and, if the teacher has suffered any loss of salary by reason of being suspended, he shall be paid his full salary for the period of such suspension.
The procedures for termination of a teacher's contract apply to appellant because the definition of a teacher pursuant to R.C. 3319.08 to 3319.18 includes persons employed in Ohio public schools as superintendents. R.C. 3319.09(A).
In teacher contract termination disputes arising under R.C. 3319.16, a referee's findings of fact must be accepted unless such fi
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