Evers v. Pender County Board of Education

407 S.E.2d 879, 104 N.C. App. 1, 1991 N.C. App. LEXIS 974
CourtCourt of Appeals of North Carolina
DecidedSeptember 3, 1991
Docket905SC921
StatusPublished
Cited by13 cases

This text of 407 S.E.2d 879 (Evers v. Pender County Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evers v. Pender County Board of Education, 407 S.E.2d 879, 104 N.C. App. 1, 1991 N.C. App. LEXIS 974 (N.C. Ct. App. 1991).

Opinions

WYNN, Judge.

In the spring of 1989, plaintiff, Jefferson L. Evers (“Evers”), was employed by the defendant Pender County Board of Education as a teacher at Pender High School. His duties at the school included teaching, and coaching the school’s baseball and football teams. His classroom was located in the school’s gymnasium.

In 1986, Evers became acquainted with Helen Sidbury who, at the time, was a ninth grade student at Pender High School. Over the next three years, Evers’ relationship with Helen Sidbury developed to the point where Helen began to depend on Evers as a close friend and confidante. Helen wrote poems for Evers, and after class, Evers would often walk with Helen from the gymnasium to the main campus.

On 25 April 1989, Evers was asked to meet with Dr. Haywood Davis, the Pender County Superintendent of Schools. At that time, he was advised that there had been allegations of improper conduct occurring between him and Helen Sidbury. Specifically, it was alleged that on 3 March 1989 and again on 3 April 1989, Evers had engaged in sexual relations with Helen during school hours and on school grounds. Following the meeting, the superintendent gave Evers a letter notifying him that effective 25 April 1989, [5]*5he was on suspension with pay from his teaching position at Pender High School pending an investigation into the allegations.

Following his investigation, the superintendent notified Evers on 10 August 1989 that it was his intention to recommend to the Pender County Board of Education that Evers be dismissed. At Evers’ request, a hearing concerning the allegations against him began on 12 September 1989.

During Evers’ dismissal hearing, Helen Sidbury was the main witness against him. She testified that on 3 April 1989, she was allowed to leave her sixth period class, which began at 2:05 p.m., in order to go see Ms. Shane Covil, a teacher at Pender High School and the school’s softball coach. Helen testified that since the softball team was having a game on that day, she decided to ask Ms. Covil if she needed any help in preparing for the day’s game. During sixth period, Ms. Covil taught girl’s physical education, so her classroom, like Evers’, was located in the school gymnasium. Helen left her sixth period class at about 2:20 p.m. or 2:25 p.m. and went straight to the gymnasium. Upon arriving there, she could not find Ms. Covil, so she decided to go talk to Mr. Evers in his classroom. When Helen arrived at Evers’ classroom, she knocked on the door and Evers answered. She went inside and they sat down and talked for for about five minutes. After this five minute conversation, Evers went to the back of the classroom where a closet containing sports equipment was located and requested Helen to come back to the room. The two went inside the closet, embraced, and began kissing. Helen testified that after the two had been kissing for a “minute or two,” Evers asked her if she wanted to make love and she replied, “Okay.” When asked on cross-examination at the hearing whether she had in fact wanted to make love to Evers, Helen testified that she “wanted to do whatever he wanted me to do.”

Helen went on to testify that Evers told her to lie down and that, when she did, he began to “finger” her, which she explained to mean that he inserted his finger into her body. According to Helen, Evers then performed cunnilingus on her. During this act, she testified, someone knocked at Evers’ classroom door and Evers quickly stood up and told her not to move. Once the knocking had stopped, Evers pulled Helen up by the hands and the two began to kiss again. Helen testified that Evers then lifted her shirt, unhooked her bra, and fondled and placed his mouth on her [6]*6breast. Following this act, Evers asked Helen to perform fellatio on him, which she did. After performing fellatio, Helen testified that she lay down again and Evers again “fingered” her and performed cunnilingus on her. Thereafter, the two engaged in intercourse. Helen testified that after about three or four minutes, Evers withdrew his penis and ejaculated on her stomach. Evers then grabbed a towel which had been in a bucket or trash can and used it to wipe the semen off her stomach and to wipe off himself.

Following the intercourse, Helen testified that she and Evers stood up, embraced and kissed. They then got dressed, but Evers left the closet first to make sure that no one could see them leaving the closet. Once back inside the classroom, Helen testified, she and Evers conversed for about three minutes while sharing a soft drink, and then the final school bell rang, at which time Helen left to go home.

A few days later, Helen, fearing that she was pregnant, told Ms. C®vil about the incident with Evers. Ms. Covil informed school’s Athletic Director and that ultimately led to the charges which were the subject of Evers’ dismissal hearing.

Testimony given by various other witnesses tended to corroborate certain aspects of Helen’s allegations.

Teacher Shane Covil testified that as the softball coach, she was responsible for preparing the playing field for a softball game scheduled for 3 April 1989. On that date, she first “dragged” the infield, which she explained to be a process by which the surface of the infield is smoothed over by dragging a “grate” behind a tractor, however, after dragging the softball field, she did not have time to “lime” the field, which is the process by which the foul lines and batters’ boxes are marked.

Covil testified that between fifth and sixth period, she went to Evers’ classroom and asked him where the field “limer” was located. Apparently, she misunderstood him to say that the “limer” was located in the press box. (Later, the “limer” was found in the ticket booth.) After getting her sixth period physical education class started at 2:05 p.m., Covil went to the softball field at 2:20 p.m. where Amy Carr and Joy Ramsey, students at Pender High School, were waiting to help her lime the field. On the way to the field, she noticed that Evers’ truck was parked in the parking lot. At the softball field, unable to find the “limer,” Covil sent [7]*7Amy Carr and Joy Ramsey to look for Evers and again ask where the items were. Meanwhile, Covil and Tommy White, a man who helped out with the junior varsity baseball team, continued to look around the press box for the items. The two students came back to the softball field at about 2:40 p.m. and reported that even though Evers’ truck was in the parking lot, they were unable to find him.

Covil then left the softball field at about 2:40 p.m. or 2:45 p.m. to go to the gymnasium herself to look for Evers. When she arrived at Evers’ classroom, she knocked on the door but there was no answer. She noticed Evers’ truck was still in the parking lot and she decided to wait in the gymnasium and periodically looked out of the windows at his truck so that she would not miss him when he left the school grounds for the day. When the final school bell rang at 3:00 p.m., Covil’s team manager, Adam Williamson, entered the gymnasium and informed her that the field limer had been found in the ticket booth and Covil returned to the softball field.

Covil further testified that Evers drove up to the softball field at about 3:20 p.m. or 3:25 p.m. After determining that Covil had found the “limer,” he remained on the field for about five minutes and then drove away. She further testified that she did not see Evers with any of his baseball players when he was at the softball field.

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Evers v. Pender County Board of Education
407 S.E.2d 879 (Court of Appeals of North Carolina, 1991)

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Bluebook (online)
407 S.E.2d 879, 104 N.C. App. 1, 1991 N.C. App. LEXIS 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evers-v-pender-county-board-of-education-ncctapp-1991.