Database Search Result Details

First Name CLAUDE
Last Name COOK
Decision Date 4/7/1986
Docket Number 23-86-112
ALJ LC
Respondent LOGAN COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title TEACHER, PHYSICAL EDUCATION, AND COACH
Topics SUSPENSION; DISMISSAL
Primary Issues CRUELTY; DUE PROCESS; CONSTITUTIONAL RIGHTS; SUPERINTENDENT'S AUTHORITY
Outcome GRANTED
Statutes 18A-2-8; 18A-2-7
Related Cases
Keywords BATTERY; CRUELLY; DUE PROCESS, CONSTITUTIONAL RIGHTS, SUPERINTENDENT'S RIGHTS; FAVOR
Intermediate Court of Appeals
Circuit Court Respondent appealed; Affirmed (no further information available)
Supreme Court
Synopsis Respondent was employed as a Physical Ed Teacher and Asst Basketball Coach in 8/77. In 1981 he resigned as an Assistant Coach but remained as a Health Teacher. During the 1983-84 term he assumed the duties as Head Basketball Coach and served in that capacity until 12/84 when he was suspended for the alleged battery of a student. Grievant was directed to refrain from 'any professional association' with students and school property unless specific approval was given. Grievant was acquitted of the battery charge and requested reinstatement. Grievant was again terminated for alleged offenses occurring as early as 2/85 and for which Grievant was never reprimanded. Grievant was the subject of selective disciplinary treatment, was denied due process, the evidence was insufficient as a matter of law and that the restrictions placed upon the employee were unconstitutional. There is no statutory authority for a county superintendent of schools to impose restrictions upon that employee's constitutional rights. The action of the Superintendent and BOE culminating in the dismissal of Grievant was arbitrary and capricious as a matter of law. Code 18A-2-7 and 8 and due process requires that charges against an employee must be made timely and in good faith. School personnel rules are to be construed strictly in favor of the employee.

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