ILNews

COA upholds termination of Bloomington high school teacher

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

ADVERTISEMENT