Easterling v. Monroe City School Bd.

612 So. 2d 975, 1993 La. App. LEXIS 90, 1993 WL 7885
CourtLouisiana Court of Appeal
DecidedJanuary 20, 1993
Docket24326-CA
StatusPublished
Cited by6 cases

This text of 612 So. 2d 975 (Easterling v. Monroe City School Bd.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Easterling v. Monroe City School Bd., 612 So. 2d 975, 1993 La. App. LEXIS 90, 1993 WL 7885 (La. Ct. App. 1993).

Opinion

612 So.2d 975 (1993)

Rita EASTERLING, Plaintiff-Appellee
v.
MONROE CITY SCHOOL BOARD, et al., Defendants-Appellants.

No. 24326-CA.

Court of Appeal of Louisiana, Second Circuit.

January 20, 1993.

Jones & Smith Law Offices by Benjamin Jones, Monroe, for defendants-appellants.

Crawford & Anzelmo by Brian E. Crawford and Wesley S. Shafto, III, Monroe, for plaintiff-appellee.

Before MARVIN, NORRIS and LINDSAY, JJ.

*976 LINDSAY, Judge.

The defendants, the Monroe City School Board and its individual members, appeal from a trial court judgment granting a writ of mandamus in favor of the plaintiff, Rita Easterling. The trial court vacated the school board's decision to terminate the plaintiff from her employment as a non-tenured contract teacher and ordered that she be reinstated as a teacher and coach at Neville High School with full back pay and privileges. The trial court also prohibited the school board from taking any further action against the plaintiff unless it was in compliance with LSA-R.S. 17:81.5 and the school board's formal procedures for separation of school employees. For the reasons assigned below, we affirm the trial court judgment.

FACTS

On January 28, 1992, the plaintiff, who is white, was coaching the Neville girls' basketball team at a varsity game. During a time-out, she directed a racial slur at her players, who were black.

Charles Stewart, the principal of Neville High School, was informed of the incident that night. The next morning he began an investigation. Mr. Stewart interviewed the plaintiff, the players, and some of their parents. At a meeting later that day, the plaintiff apologized to the players, their parents, and Mr. Stewart.

Also on January 29, 1992, Superintendent James L. Pughsley of the Monroe City school system learned of the incident and initiated his own investigation. He likewise met with the plaintiff, the players, and their parents. The plaintiff submitted a written report to the superintendent, as requested by her principal. She also apologized to the superintendent.

On February 4, 1992, the plaintiff received written notification that her principal, Mr. Stewart, was recommending that she be suspended from coaching without pay for five days. He also recommended that her coaching activities be monitored by an administrator for the rest of the school year. Mr. Stewart formally reprimanded her and directed that a copy of the letter be placed in her permanent record.

At about the same time, the superintendent drafted a letter to the plaintiff in which he outlined his specific findings of fact. He found that the incident appeared to be an isolated situation. However, he stated she had used "[n]egative verbal forms of motivation" in the past. He also noted the plaintiff's apologies and stated that school personnel were surprised by the incident because the plaintiff had never exhibited any prior racially motivated attitudes or behavior.

In his letter, the superintendent proposed a more severe punishment than that suggested by the principal. Mr. Pughsley stated that he intended to suspend the plaintiff without pay from all basketball coaching duties for the rest of the school year and suspend her without pay for five days as a classroom teacher. Any subsequent racial slurs would result in her immediate termination, and her overall performance would be closely monitored and evaluated at the end of the school year.

However, this letter, which the superintendent had anticipated giving to the plaintiff at a meeting on February 5, 1992, was never presented to her. On February 4, 1992, the superintendent informally apprised the school board of the situation during a break at a regular school board meeting. He also shared his recommendations with the board. Several board members voiced their disagreement with his proposed disciplinary procedures.

Consequently, the plaintiff received a notice of suspension from the superintendent, dated February 5, 1992, immediately suspending her from all teaching and coaching duties, without pay. The letter further stated that the board would make a final determination on her employment status at its meeting on February 18, 1992. She also received a letter from the superintendent, dated February 11, 1992, wherein he informed her that she had the right to request a public or private hearing before the board.

At the regular meeting on February 18, 1992, the plaintiff's request for a *977 closed/private hearing was denied. School board member Tereatha Chisley moved that the plaintiff be fired. The motion was seconded, but Sharon Taylor, the school board president, ruled it out of order because it was contrary to the superintendent's recommendation. Board member Nerissa Bryant moved to accept the superintendent's recommendation, and this motion was seconded. However, board member Van Brass made a substitute motion to override the superintendent's recommendation and to terminate the plaintiff. This motion passed by a vote of 4 to 3. The only discussion on this matter at the meeting pertained to the procedural aspects of the vote. There was never any discussion of the substance of the charges against the plaintiff. Accordingly, the plaintiff's employment was terminated.

On February 24, 1992, the plaintiff filed suit in the district court, seeking a writ of mandamus and injunctive relief. Named as defendants were the Monroe city school system and its seven school board members. The plaintiff maintained that her termination was illegal because the school board failed to follow its own policy for separation of employees. Specifically, she alleged that the board did not have a written recommendation of termination from the plaintiff's immediate supervisor, Mr. Stewart, or from the superintendent.

The defendants filed an answer, an exception of unauthorized use of summary proceedings, and an exception of no cause of action. In their answer and exception of no cause of action, the board contended that the plaintiff was not entitled to the protection of the Teachers Tenure Act because she was not a certified teacher. The defendants further contended that since LSA-R.S. 17:81 gives a majority of the board the power to hire teachers, they must also have the corresponding power to fire them.

On March 5, 1992, the trial court denied the defendants' exceptions. A hearing was then held on the rule for preliminary injunction and writ of mandamus. At the conclusion of the hearing, the court took the case under advisement. On March 10, 1992, the trial court issued written reasons and granted the plaintiff's request for mandamus to the extent that her termination was vacated and set aside. The court ordered that she be reinstated as a teacher and coach with full back pay and privileges as per her current contract of employment.

In its written reasons for judgment, the trial court found that the plaintiff was classified as a curricular 665 program teacher, which allowed her employment on a semester-to-semester basis because she had not yet been certified. The court found that the plaintiff, who conceded that she was neither a tenured nor a probationary teacher, was entitled to the protection of LSA-R.S. 17:81.5, which deals with the dismissal of non-tenured school employees. It rejected the defendants' argument that its general power to hire also allowed it to fire teachers as "a distorted assumption" because the board did not have "unfettered discretion" to terminate employees. The trial court found that the school board's own policy mandated that it be held to a standard of strict compliance in carrying out its procedures.

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Opinion Number
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Bluebook (online)
612 So. 2d 975, 1993 La. App. LEXIS 90, 1993 WL 7885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easterling-v-monroe-city-school-bd-lactapp-1993.