Forest Area School District v. Shoup

621 A.2d 1121, 153 Pa. Commw. 423, 1993 Pa. Commw. LEXIS 80
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 10, 1993
StatusPublished
Cited by16 cases

This text of 621 A.2d 1121 (Forest Area School District v. Shoup) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Forest Area School District v. Shoup, 621 A.2d 1121, 153 Pa. Commw. 423, 1993 Pa. Commw. LEXIS 80 (Pa. Ct. App. 1993).

Opinions

PALLADINO, Judge.

Forest Area School District (District) appeals an order of the Secretary of the Department of Education (Secretary) which reversed a decision of the Board of School Directors of the Forest Area School District (Board) dismissing John L. Shoup (Shoup) and ordered reinstatement of Shoup with back pay.

Shoup is a professional employee of the District and employed as a librarian in the East Forest Elementary School. On October 4, 1989, Shoup led a class of sixth grade students into the school library for a library class. While the students were lined up in the hallway outside of the library, a male student, Jeremy, stepped out of line. Shoup allegedly removed Jeremy from the line and verbally admonished him (the Jeremy incident). Jeremy did not report this incident.

Following the same library class, a female student, Becky, reported to her classroom teacher that during the library class Shoup had kicked her and snapped her bra twice (the Becky incident). Becky also reported her version of the Jeremy incident to the classroom teacher.

The classroom teacher relayed the Becky and Jeremy incidents to school administrators. The school administrators immediately conducted investigative interviews with the sixth grade students and with Shoup.

[426]*426On October 16, 1989, a pre-determination meeting was held by school administrators, after which Shoup was suspended for two days with pay pending a regular meeting of the Board on October 18, 1989. At the Board meeting, it was decided that formal dismissal proceedings would be instituted against Shoup. Shoup was informed that he would be suspended without pay pending the outcome of these formal proceedings.

By letter dated December 6, 1989, the Board formally charged Shoup with persistent violation of school laws, cruelty and immorality with respect to the Becky incident, and immorality with respect to the Jeremy incident.1

After four days of Board hearings, the Board dismissed Shoup on the grounds of cruelty, immorality, and persistent and willful violation of school laws with respect to the Becky incident, and persistent and willful violation of school laws with respect to the Jeremy incident. Shoup appealed to the Secretary. ,

The Secretary, after conducting a de novo review, reversed the Board. The Secretary determined that the finding that the Becky incident occurred was not supported by substantial evidence, and that the Jeremy incident was invalidated by a procedural defect.2 The Secretary, therefore, reversed the Board and ordered reinstatement of Shoup with back pay.

[427]*427On appeal to this court, District raises the following issues: 1) whether the Secretary’s determination that the Becky incident did not occur is supported by substantial evidence; 2) whether the Secretary erred in determining that the Board’s finding that the Jeremy incident occurred was invalidated by a procedural defect. Our scope of review is limited to a determination of whether the findings of fact of the Secretary are supported by substantial evidence, errors of law were committed, or constitutional rights were violated. Ahern v. Chester-Upland School District, 136 Pa. Commonwealth Ct. 251, 582 A.2d 741 (1990). In a case involving the dismissal of a professional employee of a school district, as here, the Secretary is the ultimate factfinder with the power to determine the credibility of witnesses, the weight to be accorded the evidence, and the inferences to be drawn therefrom. Belasco v. Board of Public Education of the School District of Pittsburgh, 510 Pa. 504, 510 A.2d 337 (1986) (quoting Grant v. Board of School Directors, 43 Pa.Commonwealth Ct. 556, 403 A.2d 157 (1979)).

As to the first issue, whether the Secretary’s determination that the Becky incident did not occur is supported by substantial evidence, District argues that the Secretary failed to find as a fact that Shoup had a history of improper physical contact with students. District points to incidents in 1986 which led to a one day suspension of Shoup, and incidents in January of 1989 which led to a five day suspension of Shoup. District contends that the Secretary, by failing to make findings on Shoup’s history of improper touching, failed to consider the evidence in the proper context which “in and of itself demonstrates that the Secretary’s findings are not supported by substantial evidence.” District’s Brief at 17.

However, contrary to District’s assertions, the Secretary did make findings of fact regarding the 1986 incidents and the January 1989 incidents. The Secretary’s finding of fact number 3, states that: “[i]n 1986, Mr. Shoup received a one day suspension, without pay, for allegedly improperly touching students during a lunch period.” As to the January 1989 incidents, the Secretary found that “Mr. Shoup was informed [428]*428that he would be suspended for five days without pay as the result of a Board decision regarding a prior act of improper touching....” Secretary’s Finding of Fact No. 17. Therefore, District’s argument is without merit.

District also argues that the Secretary’s determination that the Becky incident never occurred is not supported by substantial evidence because the Secretary failed to consider the testimony of two of District witnesses, and because the Secretary failed to find the testimony of the students who testified against Shoup credible. The credibility of witnesses and the weight to be accorded their testimony is within the exclusive province of the Secretary. Rhodes v. Laurel Highlands School District, 118 Pa.Commonwealth Ct. 191, 544 A.2d 562 (1988). The Secretary is not required to make specific findings as to the credibility of each and every witness where the decision itself reflects which witnesses were believed and upon whose testimony the Secretary relied.

A review of the testimony of record reveals that at least eight of the witnesses testifying on behalf of Shoup, including the library aide on duty the day of the Becky incident, and seven students who attended the library class with Becky, all testified that they did not see anything unusual happen between Becky and Shoup during the library class. The testimony of these witnesses, including the testimony of Shoup himself, constitute substantial evidence in support of the Secretary’s determination that the Becky incident did not occur.

As to the second issue, whether the Secretary erred in determining that the Board’s finding that the Jeremy incident occurred was invalidated by a procedural defect, District argues that the formal statement of charges sent to Shoup adequately informed Shoup of the charges against him -with respect to the Jeremy incident. District also argues that Shoup did not object at the hearing before the Board when evidence was presented regarding the Jeremy incident, and that Shoup did not raise lack of notice in his appeal to the Secretary. District argues, therefore, that the Secretary should not have considered the issue of lack of notice.

[429]

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Forest Area School District v. Shoup
621 A.2d 1121 (Commonwealth Court of Pennsylvania, 1993)

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Bluebook (online)
621 A.2d 1121, 153 Pa. Commw. 423, 1993 Pa. Commw. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forest-area-school-district-v-shoup-pacommwct-1993.