 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Bertolini v. Whitehall City School District Board of Education9/26/2000
ot sufficient evidence for termination. The appellate court found the superintendent "did not even consider the [teacher's] employment record prior to recommending to the board that [the teacher] should be terminated." Id. at 262. The appellate court concluded:
he record reveals that appellant was an effective teacher, was well respected, had no prior disciplinary infractions, and was under severe emotional pressure at the time of the offense, yet the board imposed the most severe sanction when it terminated the appellant's teaching contract. Id. at 263.
These three cases are very illustrative of the present case. The board, in order to justify its decision to terminate appellant, attempted to "pigeon-hole" appellant's actions into supposed violations of rules and regulations in an attempt to justify their decision to terminate appellant. Additionally, the board never gave appellant an opportunity to change the behavior the board found so objectionable to warrant termination (although we note that such an opportunity may not be required in all cases). The record instead shows that after Woods talked to Dr. Crawford, appellant acquiesced to all requests made by Dr. Crawford and the board, except for Dr. Crawford's request on February 21, 1998, that appellant: (1) resign his position effective May 1, 1998, or (2) sign a letter acknowledging his immediate suspension with pay. The record also shows that immediately after learning about appellant's affair with Woods, Dr. Crawford sought for appellant's resignation or termination. Additionally, a review of Dr. Crawford's evaluation of appellant dated January 5, 1998, also shows that appellant's past performance, as an associate superintendent of Whitehall Schools was not sufficiently considered.
Accordingly, we sustain appellant's assignment of error. The judgment of the Franklin County Court of Common Pleas is reversed, and we remand this cause to that court pursuant to R.C. 3319.16, to grant the relief prayed for in appellant's complaint as the trial court may find proper and, which is in accordance with our opinion and the record.
Judgment reversed; cause remanded.
TYACK and PETREE, JJ., concur.
Page 1 2 3 4 5 6 7 8 9 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|