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COA upholds termination of Bloomington high school teacher

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Finding that substantial evidence supported the decision by the school board to end Bloomington High School South teacher Stephen Smith’s contract, and that the board followed proper procedures in canceling the contract, the Indiana Court of Appeals upheld the lower court’s affirmation of the board’s decision.

The Monroe County Community School Corporation Board of School Trustees ended Smith’s contract in the summer of 2011 for insubordination, neglect of duty and other good or just cause. Smith, who taught at the school for 20 years and coached the freshman boys’ baseball team, was placed on paid administrative leave following loud and obscene outbursts at a social studies department meeting in May 2011. The outbursts came just a month after he suffered a severe injury after being hit in the head by a baseball.

As part of the leave, Smith was not allowed on any MCCSC property. The administrative leave was extended on July 15, 2011, and he was informed over the phone the same conditions applied. His termination came after he went to an elementary school to return a key to a staff member.

Many of Smith’s challenges on appeal asked the judges to reweigh evidence, which it would not do. In Stephen G. Smith v. Board of School Trustees of the Monroe County Community School Corporation, 53A01-1211-MI-511,the appellate court found the rule prohibiting him from any school property was not ambiguous or unreasonable. It also found that the board’s conclusion that Smith willfully disobeyed the rule prohibiting him from school property is not clearly erroneous.

Smith’s due process rights were not violated because the notice given to him by the school was sufficient, the judges held. The notice amply stated the reasons for the preliminary decision to end his contract and the summary facts put him on notice of the facts the school corporation planned to present at the conference before the board.

 The COA also noted no error in the admission of hearsay testimony and that the board’s decision was not based solely on hearsay evidence.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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