Database Search Result Details
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First Name
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JAMES
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Last Name
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WHITE
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Decision Date
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3/30/1987
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Docket Number
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23-86-361-1
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ALJ
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LC
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Respondent
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LOGAN COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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FRENCH/ENGLISH TEACHER (HIGH SCHOOL)
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Topics
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DISMISSAL
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Primary Issues
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Immorality Charges; Hearsay Evidence
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Outcome
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DENIED
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Statutes
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18A-2-8
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Related Cases
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322 F. SUPP. 217 (S.D.W.VA); 448 F.2D 785, 1971; COPENHAVER V. RALEIGH CBOE; ROSENBURG V. NICHOLAS; ALLISON V. KANAWHA
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Keywords
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IMMORALITY; HEARSAY; COLLATERAL; DOUBT; INDECENT; STANDARD
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Logan County, Civil Action #87-C-353; Affirmed
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Supreme Court
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Synopsis
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Grievant was suspended on the grounds of immorality, incompetency and intemperance and subsequently dismissed from his teaching position. In several decisions of the ESEGB involving dismissals for 'immorality' it has been consistently been held that such dismissal must be based upon a showing of just cause and any doubt is to be resolved in favor of the employee. It has also been recognized that a teacher works in a sensitive area in a schoolroom and shapes the attitudes of young minds towards the society in which they live; that teachers like parents, are role models. Accordingly, a teacher is held to a standard of personal conduct which does not permit the commission of lewd, indecent or offensive conduct because of the harmful impression made on the students. Grievance denied; Grievant's conduct evinces a pattern of life style which indicates a potential for future misconduct with students entrusted to his care and school officials have an interest and duty to protect minor students from exposure to this type of conduct. A male teacher who makes sexually suggestive comments to female high school students, uses the grade system to encourage sexual favors from minor students and engages in unauthorized bodily contact with young female students is engaging in 'immorality' as a matter of law which renders that teacher unfit to teach/
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