Gaulden v. Lincoln Parish School Bd.

554 So. 2d 152, 1989 La. App. LEXIS 2483, 1989 WL 150154
CourtLouisiana Court of Appeal
DecidedDecember 6, 1989
Docket21038-CA
StatusPublished
Cited by19 cases

This text of 554 So. 2d 152 (Gaulden v. Lincoln Parish 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
Gaulden v. Lincoln Parish School Bd., 554 So. 2d 152, 1989 La. App. LEXIS 2483, 1989 WL 150154 (La. Ct. App. 1989).

Opinion

554 So.2d 152 (1989)

Barbara GAULDEN, Appellant,
v.
LINCOLN PARISH SCHOOL BOARD, et al, Appellee.

No. 21038-CA.

Court of Appeal of Louisiana, Second Circuit.

December 6, 1989.
Writ Denied February 16, 1990.

*153 Jones & Smith by Benjamin Jones, Monroe, for appellant.

R.W. Farrar, Jr., Asst. Dist. Atty., Ruston, for appellee.

Before HALL, FRED W. JONES, Jr. and NORRIS, JJ.

NORRIS, Judge.

The plaintiff, Barbara Gaulden, was a tenured teacher at Simsboro High School in Lincoln Parish. At the end of the 1984-1985 school year she was notified by letter that she would not be reemployed for the following year. In accord with LSA-R.S. 17:443, the school board gave her timely notice that the matter of her removal would be heard at the July 1985 school board meeting. The board charged her with willful neglect of duty in two particulars:

(1) not following procedures for keeping her students inside her classroom; and

(2) not following directions to keep her students' cumulative files up to date.

At the tenure hearing Mrs. Gaulden was represented by counsel who cross-examined all the board's witnesses. Before Mrs. Gaulden testified, he requested that she be sworn; when the board refused, he objected. Mrs. Gaulden nevertheless testified. Counsel also argued that remedies under the Public School Accountability Law should have been pursued. At the end of the hearing the board voted 6-5 to remove her.

Mrs. Gaulden petitioned the district court for review, seeking reinstatement with back pay, damages, attorney fees and costs. The case was submitted on the transcript of the tenure hearing and briefs. The district court affirmed and gave written reasons. Mrs. Gaulden now appeals, advancing three assignments of error. For the reasons expressed, we affirm.

Background Facts

During the 1984-1985 school year, Mrs. Gaulden had a seventh grade homeroom class; she also taught several high school science classes. Sometime in January 1985, students from her science classes were seen roving the halls without passes, going into the empty shop, and turning up in other teachers' classrooms. When several teachers complained, the principal, Dr. Gullatt, asked them to keep a list of when these incidents occurred and how many students were involved. One of the teachers, Mrs. Gregory, testified that 10 or 15 minutes into the class period, Mrs. Gaulden's students would come to her class and ask to come in, reporting they were doing nothing in Ms. Gaulden's class. She sometimes let them stay because she felt this was better than letting them roam. Another teacher, Mr. Edmiston, testified that Mrs. Gaulden's students would come to his class and he sometimes sent them back, but within minutes they were in his class again. The final list included 20 days between February 1 and May 24, 1985, always with groups of three to five students. Dr. Gullatt testified that Mrs. Gaulden was warned about this by conferences and letters on January 29 and March 14. There was also a recorded meeting with Superintendent Higginbotham on March 31. Dr. Gullatt said this conduct violated rules printed in the Student Handbook, was annoying to other teachers and could be hazardous to the students.

Mrs. Gaulden testified she was not advised that this was a problem until the May 29 letter advising her of the board's motion to remove her. At the hearing, Mrs. Gaulden meticulously attempted to reconstruct the events of several of the days on which roving students had been sighted. She explained that they could have been going to the library, or going to other classes to work on club projects. She did not explain why she did not issue hall passes on these dates. Dr. Gullatt disputed her explanations as to several of the dates in question.

The other charge was failure to keep students' records current despite repeated warnings. In April 1985 Simsboro High was undergoing accreditation, which comes up only once every ten years; maintaining favorable accreditation was foremost on the school's agenda. One of the items that *154 would be scrutinized was the students' cumulative folders, which were to include seven documents for the current year. By daily announcements dated February 11, 19 and 25, all homeroom teachers were reminded to have these folders "in good order" by March 1. Mrs. Gaulden's were spot-checked on March 1 and found to be incomplete; Dr. Gullatt had a conference with her about it, and she assured him she would take care of it. However, further checks on March 15 and April 25 showed the folders still incomplete. Dr. Gullatt testified that she was not cooperative about the matter, and once stormed out of his office in mid-meeting.

Mrs. Gaulden testified that most of the missing items were bus slips and handbook slips that parents were supposed to read, sign and return; if the parents did not comply, there was nothing she could do about it. She said some items, such as the SRA card, were usually not available until late May; and the cumulative card just contained information already written on the outside of the folder.

Discussion: Assignment No. 1

By her first assignment Mrs. Gaulden urges that the tenure hearing violated her due process rights because the witnesses were not sworn. She concedes that the statute governing removal of tenured teachers, R.S. 17:443, does not specifically require sworn testimony. R.S. 17:443 provides, in pertinent part:

A permanent teacher shall not be removed from office except upon written and signed charges of willful neglect of duty, or incompetency or dishonesty, or of being a member of or contributing to any group, organization, movement or corporation that is by law or injunction prohibited from operating in the state of Louisiana, and then only if found guilty after a hearing by the school board of the parish or city, as the case may be, which hearing may be private or public, at the option of the teacher. At least twenty days in advance of the date of the hearing, the superintendent with approval of the school board shall furnish the teacher with a copy of the written charges. Such statement of charges shall include a complete and detailed list of the specific reasons for such charges and shall include but not be limited to the following: date and place of alleged offense or offenses, names of individuals involved in or witnessing such offense or offenses, names of witnesses called or to be called to testify against the teacher at said hearing, and whether or not any such charges previously have been brought against the teacher. The teacher shall have the right to appear before the board with witnesses in his behalf and with counsel of his selection, all of whom shall be heard by the board at said hearing. For the purpose of conducting hearings hereunder the board shall have the power to issue subpoenas to compel the attendance of all witnesses on behalf of the teacher. Nothing herein contained shall impair the right of appeal to a court of competent jurisdiction.

Mrs. Gaulden analogizes her situation to that of a litigant in a civil or criminal trial or a claimant in an unemployment compensation hearing; witnesses in those proceedings must be sworn. Sworn testimony at a tenure hearing is all the more necessary, she argues, since the board's ultimate action is "administrative capital punishment."

We note at the outset that Mrs. Gaulden's position on appeal is different from that advanced at the tenure hearing. There she requested only that she be sworn; here she complains that no witnesses were sworn.

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Cite This Page — Counsel Stack

Bluebook (online)
554 So. 2d 152, 1989 La. App. LEXIS 2483, 1989 WL 150154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaulden-v-lincoln-parish-school-bd-lactapp-1989.