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Bertolini v. Whitehall City School District Board of Education9/26/2000
ndings are against the greater weight or preponderance of the evidence. Aldridge v. Huntington Local School Dist. Bd. of Edn. (1988), 38 Ohio St.3d 154, syllabus. "The decision to terminate a teacher's contract is comprised of two parts: (1) the factual basis for the allegations giving rise to the termination; and (2) the judgment as to whether the facts, as found, constitute gross inefficiency, immorality, or good cause as defined by statute." Id. at 157. " ue deference must be accorded to the findings and recommendations of the referee * who is best able to observe the demeanor of the witnesses and weigh their credibility." Graziano v. Amherst Exempted Village Bd. of Edn. (1987), 32 Ohio St.3d 289, 293.
A school board has the discretion to accept or reject the recommendation of the referee unless such acceptance or rejection is contrary to law. Aldridge, syllabus. The reason why a referee is required is because the legislature intended to "inject a neutral party into termination disputes." Aldridge, at 157. "The referee's primary duty is to ascertain facts. The board's primary duty is to interpret the significance of the facts." Aldridge, at 158.
Concerning the role of a court of common pleas, R.C. 3319.16 states in part:
Any teacher affected by an order of termination of contract may appeal to the court of common pleas of the county in which the school is located within thirty days after receipt of notice of the entry of such order. The appeal shall be an original action in the court and shall be commenced by the filing of a complaint against the board, in which complaint the facts shall be alleged upon which the teacher relies for a reversal or modification of such order of termination of contract. * The court shall examine the transcript and record of the hearing and shall hold such additional hearings as it considers advisable, at which it may consider other evidence in addition to the transcript and record.
Upon final hearing, the court shall grant or deny the relief prayed for in the complaint as may be proper in accordance with the evidence adduced in the hearing. Such an action is a special proceeding, and either the teacher or the board may appeal from the decision of the court of common pleas pursuant to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code.
Absent a claim that the school board violated a statutory right or constitutional obligation, a trial court may not substitute its judgment for that of the board. Strohm v. Reynoldsburg City School Dist. Bd. of Edn. (Mar. 31, 1998), Franklin App. No. 97APE07-972, unreported. "If substantial and credible evidence is presented to support the charges of the board, and a fair administrative hearing is had, the reviewing court cannot substitute its judgment for the judgment of the administrative authorities." Id. The scope of review of the court of appeals is limited to whether the common pleas court abused its discretion. Buie v. Chippewa Local School Dist. Bd. of Edn. (Sept. 13, 1995), Wayne App. No. 2924, unreported, discretionary appeal not allowed (1996), 74 Ohio St.3d 1525.
The trial court upheld the board's decision to terminate appellant's contract, in part, based upon the finding that appellant's actions constituted serious immorality and were supported by a preponderance of the evidence. In support of this conclusion, the court held that appellant "prevailed upon Dr. Crawford to hire Patti Woods after he had begun a sexual relationship with her, clearly so that he could continue it more conveniently by having her in the same city and school system." However, the referee made a finding of fact that "Patti
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