DOWD, Chief Judge.
This case is before us on rehearing. The original opinion reversed the judgment of the Circuit Court. The rehearing was held before the Court en banc. The Circuit Court of the City of St. Louis affirmed the decision of the Board of Education of the City of St. Louis, hereinafter referred to as the Board, wherein the Board permanently terminated the employment of James E. Harrod and Lloyd Buchanan, hereinafter referred to as appellants, as tenured teachers. This appeal resulted.
The case was submitted to the trial court upon the transcript of the proceedings before the Board, including all exhibits.
The appellants were originally charged by the Board as follows:
“It is charged that on and prior to Thursday, February 12, 1970, you, acting alone and in concert with others, caused, suffered, and permitted a program to be presented to the student body, which was obscene and calculated to inflame racial discord and incite the students to riot and violence; that in causing, suffering, and permitting this program to be so presented, you acted in disregard of your duties and in disobedience of the school administration and that you have continually for a protracted period of time condoned and encouraged disrespect of the school administrators and sought to foster racial disharmony, tension and disruption in the school.”
At the request of the attorney for the teachers more specific charges were made which read as follows:
“More specifically, it is charged that in February, 1969, on the occasion of the presentation of an auditorium program at Beaumont High School by the Afro-American student group (now known as Black Student Alliance) you, as one of the sponsors of the group, assisted in the presentation of a program, which was not only obscene and calculated to inflame racial discord and hatred, but was in direct contravention of the instructions given you by the principal of the school in that it allowed active participation of persons who were not students at the School; that in connection with the presentation of another auditorium program presented on February 12, 1970, by the same group now known as the Black Student Alliance, you, as one of the sponsors, were cautioned by the Principal not to permit the development of another program similar to the one presented the previous year, but that, acting contrary to such instructions, you did, in fact, permit the development of a similar program, setting in motion the forces which resulted in the presentation of a program as inflammatory and obscene as the previous one, inciting the students to riot and violence.
“It is further specifically charged that throughout the period that you have acted as a sponsor of the Black Student Alliance, known originally as the Afro-American Group, you have, in disregard of the responsibilities imposed upon you as a sponsor, condoned the development and growth among these students of racial discord and hatred.
“It is further specifically charged that you encouraged disrespect of the school administrators by absenting yourself from your classroom, leaving your class unattended, and by encouraging the students in your charge to act contrary to the directions of the administrators.
“All of the matters stated above have created tension and disruption in the school. Your acts were in disregard of your responsibilities and duties both as a teacher and as a sponsor of a student activity, contrary to the Regulations approved by the Board of Education for [3]*3the conduct of the schools, particularly Regulations 2.330, 3.100, 3.240 and 3.330 of the Department of Instruction, Secondary Division.”
After a hearing, before the Board, the Board filed the following statement of its proceedings, findings of fact, conclusions of law, and a memorandum opinion:
“BEFORE THE BOARD OF EDUCATION OF THE CITY OF ST. LOUIS STATE OF MISSOURI
“WILLIAM KOTTMEYER, Superintendent of Schools,
v.
JAMES E. HARROD and LLOYD BUCHANAN, Teachers
“Dr. William Kottmeyer, Superintendent of Schools, suspended two teachers at Beaumont High School, St. Louis, on February 12, 1970, on recommendation of the Administrators directly involved, because of disruption at the School which required it to be closed for a period of nearly ten days. The two tenured teachers, Messrs. Harrod and Buchanan, now under suspension, appealed to the Board of Education and requested a public hearing of their appeal of the Superintendent’s decision under the provision of Sec. 168.221 R.S. Missouri 1959. Throughout the proceedings, the two tenured teachers are referred to as Appellants.
“Pursuant to proper notice, a formal public hearing was held starting at 2:30 p. m. on April 9, 1970. The Superintendent to Schools was represented by James S. McClellan, as special counsel. The appellants were represented by Charles R. Old-ham and Joseph McDuffie as co-counsel. Nine of the twelve members of the St. Louis Board of Education including its president, who presided, were present throughout all the sessions. Two other Board members were forced to miss portions of the hearing, but have read the written transcript of the testimony that they did not hear in person. One Board member, Mr. James E. Hurt, Jr., heard only the first day’s proceedings but has read the entire transcript of the testimony. Depositions of numerous witnesses had been taken before the hearing began and examination and cross-examination was exhaustive. The Superintendent introduced 19 exhibits and Appellants introduced 28 exhibits. Altogether 9 witnesses appeared for the Superintendent and 12 witnesses for the Appellants. The hearing lasted all or parts of the seven days, being finally terminated with forty minute oral arguments on June 3, 1970.
“The Board, being fully advised in the premises, and having given full consideration to the testimony and arguments of counsel, finds, as follows:
“FINDINGS OF FACT
“1. Racial tension has existed for some years in Beaumont High School and administrators have endeavored to promote racial harmony.
“2. Appellants were sponsors of a student group called the Black Student Union (formerly Afro American Club.)
“3. An auditorium session produced by Afro American Club in 1969 was racist, inflammatory, and promoted racial disharmony resulting in school disruption.
“4. The 1969 auditorium session had a divisive effect on students, faculty, and parents. Many objected to the presentation and to the sponsors of presentation.
“5. Following the 1969 auditorium session, the Principal told the sponsors that he was hurt and shocked by the presentation.
“6. Prior to a scheduled 1970 auditorium session, Appellants were warned to avoid repetition of the 1969 type program and that they would be held responsible for results.
[4]*4“7. Auditorium session produced by Black Student Union in 1970 promoted racial disharmony, and resulted in fire, injuries and closing of school for substantial period of time.
“8. After 1970 incident, District Superintendent, Assistant District Superintendent, Principal and all three Assistant Principals informed Superintendent Kottmeyer that Appellants should be suspended immediately.
“9. Inflammatory pictures were posted on wall of Room 104, home of Black Student Union, for period of time.
“10. Notwithstanding expert testimony that skits presented at auditorium sessions would not inflame racial disharmony, residting disturbances did occur immediately following such sessions in both 1969 and 1970.
“CONCLUSIONS OF LAW
“1. Racial disharmony and disrespect for administration of school resulted from activities of the Black Student Union.
“2. Sponsors of student groups are responsible for assuring that activities of such groups are in harmony with objectives of school administration and Board of Education.
“3. Appellants warned after the 1969 incident, and, again prior to the 1970 incident, are held responsible for disregarding instructions in permitting disruptive 1970 auditorium presentation to occur.
“4. The Superintendent of Schools was justified in suspending immediately tenured teachers upon advice of District Superintendent, Assistant District Superintendent, Principal and three Assistant Principals.
“5. Suspension and permanent termination of service of Appellants is upheld under the facts as presented because Appellants failed to discharge their responsibilities as teachers and sponsors of a student activity, contrary to the Regulations approved by the Board of Education for the conduct of schools, particularly Regulation 2.-330, 3.100, 3.240 and 3.330 of the Department of Instruction, Secondary Division.”
We have set out the Board’s memorandum opinion to demonstrate the basis for the Board’s decision.
“MEMORANDUM OPINION
“Three charges were made by the Superintendent as set forth in the amplification of charges requested by counsel for the Appellants: “One, disregard of the instructions of the school administration in permitting unsuitable programs to be presented by the Black Student Union (formerly Afro-American Club) in both 1969 and 1970. As indicated in our Findings of Fact and Conclusions of Law, this charge in our opinion is fully supported. Two, condonation of the development and growth of racial disharmony. In view of the skits presented in the auditorium session in 1969 and again in 1970, the inflammatory speeches delivered by the students, the misuse of the microphone at the 1970 session, and the inflammatory nature of many of the posters carried on the Room 104 Bulletin Board, in our opinion this charge also is fully supported. Charge Three, the alleged absence from the classroom without permission, was denied at the hearing. There was conflict of testimony and possible confusion as to what permission had been granted by the Principal to be absent from the classroom. Some members of the Board felt that this charge was not fully sustained. After discussion, it was agreed that the allegations in such charge would be [5]*5omitted from our Findings of Fact and hence would have no bearing on the conclusions reached.
“Detailed summary of the testimony and the weight given to each witness would seem unnecessary. Minor conflicts in testimony appeared but, in our opinion, the Findings of Fact are fully justified by the preponderance of the testimony. Assistant District Superintendent Gregory’s written report of the 1970 incident (Exhibit S-19) (Tr. 142) was fully corroborated by other witnesses. There was substantial agreement as to what happened in 1969 and 1970. Although witnesses disagreed on certain details of the Ku Klux Klan scene and the precise language used, in our opinion the consensus as agreed to by virtually all the witnesses actually present at the auditorium sessions warrants our conclusion that these presentations were racist and highly inflammatory in nature, contained obscene and vulgar language, and were unsuitable for showing in a high school auditorium program in a school marked by racial tension. Appellants produced three expert witnesses: Mrs. Evans, Mr. Brown and Dr. Kirkland, who testified on hypothetical questions that the text of the skits was not objectionable. Some of the Superintendents’ witnesses, on cross-examination, agreed that the texts of the skits were unobjectionable. However, the assistant Principal in charge, Mrs. Brasfield, and several other highly competent witnesses, disagreed considering the context in which the skits were to be presented. We feel the expert witnesses’ testimony and the supporting comments of other witnesses should be ignored in view of the obvious fact that both in 1969 and 1970 the school was seriously disrupted as a result of these auditorium presentations. Regardless of any theoretical results to be predicted in response to hypothetical questions, the actual fact is that the school was disrupted and had to be kept closed for nearly ten days. For that reason we feel our Findings and Conclusions are fully justified.
“A major defense produced by the Appellants seems to be the assumption that the students acted on their own, and some of the obscenities and unsuitable skits were not condoned by the Appellants. It is clear, however, from the Appellants’ own testimony, that supervision of the skits, speeches and activities of the students was the responsibility of the Appellants. (Tr. 726.800). Both Appellants testified that one of their duties was to check the text of proposed programs. (Tr. 745, 771, 821). Appellant Harrod testified that Mr. Nelson (Principal) said he would mark the sponsors “unsatisfactory” if the 1970 program was not suitable “cleaned up.” (Tr. 823). In view of this specific warning and the professional judgment required of teachers assuming such a sensitive responsibility, in our opinion the Appellants failed in their functions as sponsors and teachers. Perhaps in 1969 there was a misunderstanding as to what was required — but when it was repeated in 1970, after two warnings, in aggravated form, in our opinion summary action to suspend Appellants was imperative. All six administrators directly involved recommended this action.
“After full consideration of all the evidence, we are convinced the action of the Superintendent of Schools was correct and we sustain his administrative decision. By agreement the Appellants remained on the school payroll until the end of the school year, June 13, 1970, but without assignment, pending disposition of this hearing. Accordingly, they should now be permanently terminated.
"BOARD OF EDUCATION CITY OF ST. LOUIS
/s/ Eugene Boisaubin
Frederick E. Busse
Mrs, Gilbert Harris
Reverend Earl E. Nance, Sr.
AdeliaT. Smiley
Daniel L. Schlafly
/s/ Elmer Pounds
Andrew Doyle
James S. Hurt
Ruth B.Scheetz
Wallace Schoenbeck
Malcolm W. Martin"
Appellants raise two points on this appeal: (1) the Board failed to make concise [6]*6statements of the findings of fact on which the Board based its conclusions and order; (2) the Findings of Fact are not supported by competent and substantial evidence.
As to the first point, appellants contend that the Board’s findings numbered 3, 4, 7, and 10 are conclusions and are therefore an improper basis for conclusions of law. They argue that words and phrases used therein such as “racist”, “inflammatory”, “racial disharmony”, and “divisive effect” do not qualify as Findings of Fact. While we agree that these words and phrases can be considered conclusion-ary, the test to be applied is whether the Findings of Facts fairly informed the appellants of the basis for the Board’s order. In State ex rel St. Louis Public Service Company v. Public Service Commission, 365 Mo. 1032, 291 S.W.2d 95 (banc 1956) our Supreme Court in construing § 536.090 of the Administrative Procedure Act stated at p. 98:
“For our purposes, the decisive matter is that we had no difficulty in determining from the Commission’s report and order the findings upon which that order was based, and, consequently, we hold that the report and order in this case, considered as a whole, are sufficient for our review. * * * ”
We believe the Findings of Fact, the Conclusions of Law and the order entered against the appellants fairly informed the appellants of the basis for its decision and are sufficient for our review. Appellants’ point 1 is denied.
As to appellants second point that the findings of the Board are not supported by competent and substantial evidence we point out that the guidelines for our review were reiterated by our Supreme Court in Tom Boy, Inc. v. Quinn, 431 S. W.2d 221 (Mo. banc 1968) wherein the court stated at page 225 :
“The scope of our review in this case extends to determination of whether the findings and decision of the Commissioner are supported by competent and substantial evidence upon the whole record, and authorized by law. We may not substitute our judgment on the evidence for that of the Commissioner and we may not set aside his decision, unless it is not supported by competent and substantial evidence on the whole record, or it is not authorized by law, is arbitrary, capricious or involves an abuse of discretion. State ex rel. Favazza v. Ketchum, Mo., 367 S.W.2d 542, 546 [2, 3]; Pinzino v. Supervisor of Liquor Control, Mo., 334 S.W.2d 20, 26 [4]; Baker & Theodore, Inc., v. Quinn, Mo.App., 400 S.W. 2d 477, 479-480 [1],
“In reviewing the Commissioner’s decision to determine whether it and his findings are supported by competent and substantial evidence we consider the evidence in a light most favorable to his decision, together with all reasonable inferences which support it. State ex. rel. Favazza v. Ketchum, supra, l. c. 546 [4] ; Baker & Theodore, Inc., v. Quinn, supra, l. c. 480 [6].”
We state the facts in accordance with this mandate. In the Fall of 1968 a number of students obtained permission to form an Afro-American Club. The facts of this case revolve around the presentation of two programs by the Afro-American Club (later called the Black Student Union) before the student body of Beaumont High School. These programs were presented during Black History week in 1969 and 1970. Appellants Harrod and Buchanan were sponsors for this group for both years.
Dr. William Kottmeyer, Superintendent of Schools, stated that it is generally understood through the school system that sponsors of extra-curricular groups are responsible for their activities and are responsible for their supervision and guidance, and the sponsors must keep these groups in harmony with the spirit and letter of the curricular arrangement of the school system.
[7]*7In late 1968 or early 1969, the Club obtained permission from the principal, Mr. Meinhardt, to present a program during an auditorium session during Black History week in February 1969. The sponsors of the club along with the students prepared a program which was presented in the auditorium. Prior to the 1969 program a conference was held by Mr. Meinhardt with the two sponsors and others regarding the program to be presented. They were instructed that no outsiders (non-students) were to participate in the program. The program was to show the accomplishments of Blacks.
An account of this program was given by Mr. Leonard Mershon, Administrative Assistant at Beaumont. At the beginning of the program the sponsors were on the stage. The first speaker, was a student, Mark Jones, who introduced himself as the Prime Minister and stated that the Blacks had to destroy the Whites before the black man could make progress. There was testimony that appellant Buchanan attempted to get Mark Jones off the stage. However, appellant Buchanan testified on cross-examination that he did not believe the language in this speech that “the white man was the natural enemy of the black man, [and] if the white man wasn’t destroyed the black man, in effect would get nowhere” would stir up racial animosity.
There was also a scene in which hooded riders described as the Ku Klux Klan were kicking a black boy.
The Black Artists Group who were a non-student group performed. This group put on a robbery skit which consisted of all Blacks. The dialogue was that Blacks should not attempt to destroy Blacks. This group used profanity using the words “mother-fucker” repeatedly. Mr. Mershon, who was “in and out” during the presentation of the 1969 program, testified that the program was objectionable, and “I didn’t think it was the type of program that was educational to any high school.”
There were other skits presented depicting events in the lives of Touissant L’Overture, Harriet Tubman, Nat Turner, Sojourner Truth, Rosa Parks, and a skit entitled “In White America.” There were also speeches and poems, one of which was entitled “Ballad of a Landlord.” During the Nat Turner skit, it reported that he was skinned like an animal.
During the hearing before the Board, a number of witnesses were presented with the transcript of the skits and speeches at the 1969 program and requested to give a judgment as to whether the skits promoted racial discord and hatred. A number of witnesses including school officials found the material appropriate.
However, Mrs. Brasfield, assistant principal, found Mr. Mark Jones’ taped speech to be objectionable and was of the opinion that portions of the speech when viewed in the light of the racial conditions at Beaumont could incite students to disruption and would foster disrespect for the school administrators. Dr. William Kottmeyer, School Superintendent, also stated that in his judgment the speech fostered racial disharmony and promoted disrespect. Dr. Kottmeyer also found material in the skits Sojourner Truth, Rosa Parks and “In White America” not calculated to produce racial harmony. He also stated that material “In White America” would cause racial disharmony.
Mr. Mershon found the material in the Nat Turner skit objectionable where it reported Turner as being skinned like an animal. He was also of the opinion that the testimony of Mrs. Tutson in the “In White America” skit relating to a beating was calculated to inflame racial hatred.
During the presentation of the 1969 program a number of Black and white teachers were disgusted with the program and walked out of the auditorium. At the conclusion of the program a white boy was attacked as he attempted to leave the building, and he “had blood on his face.”
[8]*8As a result of the 1969 program teachers were upset and demoralized. Beaumont teacher resignations and requests for transfers to other schools were much higher than in any other St. Louis Public High School. The authority of the teacher was undermined. Discipline problems with the students increased. A number of teachers complained to Mr. Mershon about the program and asked him, “how in the world teachers could be sponsors and permit a program of that sort to be presented to a high school?”
The day following the play, Mr. Mein-hardt called the plaintiffs into his office and told them that he was hurt by the presentation of the program. The next day Mr. Mershon met with the sponsors for an hour and a half and told them it was not the kind of program which had been outlined.
The plaintiffs received efficiency ratings of average and above average about two weeks after the 1969 program. However, Dr. Kottmeyer explained that teacher efficiency ratings are primarily based upon the efficiency of the teacher in the classroom.
Among the findings of the Board was that inflammatory pictures were posted on the wall of room 104 which had been used by the Black Student Union. The evidence as to this finding was that on a large bulletin board of room 104, the home room of the Black Student Union, there were numerous 8" x 10" photos which were described as “hate pictures” and objectionable. The pictures were introduced into evidence and examined by this Court. Many of the pictures were from the Black Panther Party. One picture showed pigs dressed as police. Another photo described as “Pig Justice” showed a pig dressed as a judge with lady justice placing money on the scale of justice; it referred to the trial of Huey Newton, Bobby Seale and Eldridge Cleaver. It contained these words: “Hear the Trumped-up Charges — See the Juries of Non-Peers . . . See the Fascist Judges And Their Running Dog Prosecutors Railroad The Vanguard Revolutionaries.” Another photo showed a number of pigs dressed as policemen shouting “niggers, niggers.” On this photo was written “Kill oink, kill oink.” Another photo showed a black youth strangling a pig dressed as a policeman and stabbing him in the back of the neck. The pictures were described as calculating to foment racial discord.
It is true that room 104 was used as a study hall by other student groups; however, a teacher testified that a member of the Black Student Union put up a number of these photos on the bulletin board. The pictures had been there for about a year and a half and were there two days before the 1970 program. This room was the meeting room of the Black Student Union.
After the 1969 program, Mr. Clifford Evans, District Superintendent, in the course of his weekly meetings with Dr. Kottmeyer frequently expressed grave concern about the considerable disharmony at Beaumont which was reflected in the discipline problems of the school. Mr. Evans attributed a great deal of difficulty at Beaumont to the discord caused by the sponsors of the Black Student Union. He expressed the fear that the school would be totally disrupted if greater effort were not made to control the situation.
Prior to the 1970 program, Mr. Evans spoke to Mr. Nelson, the newly appointed principal at Beaumont and told him to inform the sponsors that the same kind of program as put on in 1969 would not be permitted.
In the Fall of 1969, Mr. Nelson told appellant Harrod that he would like the Black Student Union to present an auditorium program during black history week in February, 1970. And, in accordance with his instructions from Mr. Evans, Mr. Nelson in January, 1970 warned the appellants to avoid any program such as had been presented in 1969. The appellants were instructed that the program was to stress “black awareness” but to be “void of hate.” In January, 1970, Mr. Nelson pointed out [9]*9to appellant Harrod and others that the program was to make young blacks feel proud but he did not want any activity that would emphasize hate nor degrade any ethnic group and the program should stress living together harmoniously.
Mrs. Brasfield met with the appellants twice in January, 1970 for the purpose of determining the format and guidelines for the program. The students gave the skits to the sponsors on February 3 or 4.
On February 6, 1970, Mr. Nelson and Mrs. Brasfield attended a rehearsal of the program. Mr. Nelson was present for part of the rehearsal; Mrs. Brasfield saw the complete rehearsal. Both found the program objectionable. Mrs. Brasfield found the program obscene and racially inflammatory. During the rehearsal, the sponsors were on the stage assisting the students in the presentation. At no time during the rehearsal did the sponsors obj ect or tell the students they could not put on this type of program.
During the rehearsal a speaker denounced the principal and condemned the Constitution. Another speaker stated that Blacks were the victims of mistreatment by the white man. Another skit called the “Oklahoma Shootout” involved a confrontation of Huey Newton, the Black Panther Party and the police. Mrs. Brasfield stated that this skit portrayed the white man’s mistreatment and brutality towards the black man and would encourage and stir up racial discord and disharmony. The term racist pig was frequently used as well as “mother f-.”
There was a court room scene with the judge referred to as a racist pig. “Mother f-” and “nigger” were frequently used. This skit again emphasized the brutality and mistreatment of the black man by the white man.
The next skit was the classroom skit. There were about 25 students of the Black Student Union in it and a girl who played the part of a white woman teacher. The teacher made derogatory remarks to the students telling them that they were ignorant and they were too dumb to understand. The students used the words “God D — ” and “Mother f-” toward the teacher and physically dragged the teacher out of the room. The skit again carried out the scheme of the white man’s mistreatment of the black man.
Mrs. Brasfield found the program as presented in the rehearsal obscene and racially inflammatory. She reported to Mr. Nelson, the principal, that the program was very similar to the 1969 program. Mr. Nelson met with the appellant Harrod and other school officials this same day (February 6) and warned that the program was contrary to the guidelines; that there was to be no program presented which would stir up racial disharmony and discord; that the program was not to reflect on any ethnic group; that the sponsors would be held responsible for the program; and, that the program had to be “cleaned up.”
Appellant Harrod asked Mrs. Brasfield to appear before the Black Student Union and outline the objections to the program which she did on February 10. Mrs. Bras-field was told by the secretary of the Black Student Union that it would refuse to change the program and it would not present a program.
This program was then cancelled and a substitute program arranged. However, on the morning of February 12, Mrs. Bras-field found a number of students from the Black Student Union on the stage prepared to put on a program. Mrs. Brasfield reported this fact to Mr. Nelson. Appellants Harrod and Buchanan were sent by Mr. Nelson to the stage to again inform the Black Student Union that their program was cancelled. The appellants and Mrs. Brasfield went to the stage but found only one student there. The appellants were told to remain with their students in the audience.
However, when the program was about to begin, a number of members of the [10]*10Black Student Union were found behind the stage preparing to put on its program. Mr. Nelson met with these students backstage and after being told by the students that they would “clean up” the program, Mr. Nelson told them to go ahead and present their program. Mr. Evans, District Superintendent, stated that it was Mr. Nelson’s responsibility to authorize the presentation of this program.
The actual presentation on February 12, 1970 was substantially the same as presented in the rehearsal. Specifically the “Oklahoma Shootout” skit, the classroom skit and the court room skit were presented. The teacher had white powder on her face and the judge was “in white face.” The words “mother f-” and “God D — ” were again used.
Mr. Gregory, Assistant District Superintendent corroborated Mrs. Brasfield’s description of the program. The speakers denounced the school authorities as being dictators and the United States Constitution as being an “archiac, decrepit piece of paper.” Another speaker stated that the only way the black man could get along in the white man’s society was to “eat boody and give up boody to the faggot punk establishment.” He stated that “the Man [has been] hanging you for 100 years, and this is what you deserve for being such damn fools.”
Mr. Gregory described the classroom scene as verbal sparring between the teacher and the students. The students became enraged and hurled epithets at the white teacher. Several students “jumped from their seats, assaulted her and dragged her off the stage.” The skits were “laced with obscenities and profanity.” A girl member of the Black Student Union recited a poem entitled “Prayer to the White Man’s God” with the punch line: “I know Jesus heard me, because he spit right in my eye.”
When Mr. Nelson tried to end the program, a member of the Black Student Union defied the principal and told the students they did not have to leave the auditorium. Disorder resulted. There was a fire in the off-stage storeroom and the smoke filled the building. Property was damaged in the school; two lunchroom workers were injured in trying to exit the building; a teacher was hospitalized for smoke inhalation. As a result, the school was forced to close for ten days.
Both appellants admitted that they were responsible for the supervision of the program. However, they both stated that they had nothing to do with the preparation of the program after February 6. They also stated that the students presented a number of controversial skits which the sponsors had “cut out” of the program.
We are convinced the charges and findings of the Board are abundantly supported by competent and substantial evidence. The evidence is clear that the 1969 program was racially inflammatory and obscene. Both black and white teachers walked out of the auditorium in disgust. The appellants were actively in charge of this program and were on the stage assisting in the presentation. Racial discord, discipline problems and disrespect for the school administration resulted.
In preparation for the 1970 program the appellants were warned by school officials not to repeat any program as had been presented in 1969. The appellants were instructed that the 1970 program was to stress “black awareness”, to avoid hate, and to emphasize living together harmoniously. They were told that they would be responsible for the program. Contrary to their duties and the instructions given them the appellants permitted the development of the 1970 program which was more inflammatory than the 1969 program. While the appellants were not in active charge of the program at the time of its presentation, they cannot be relieved of the responsibility for the development of this obscene and racially oriented program. The rehearsal on February 6 clearly demonstrated that the appellants permitted the development of a program which was high[11]*11ly inflammatory, obscene and racist oriented. The rehearsal program was substantially the same as the program actually performed on February 12. At no time during the rehearsal did the appellants object to the program or tell the students that they could not put on this type of program. This indicates that the sponsors approved the program.
It is interesting to note that when the school authorities found the rehearsal objectionable, and obscene and so informed the appellants, it was the appellant Harrod who asked the school authorities to inform the Black Student Union of their objections to the programs rather than inform the Union himself. This again indicates that appellant Harrod did not disapprove of the program as presented in the rehearsal.
The 1970 program which was developed under the appellants ended in disorder and chaos, the principal’s authority was defied, a fire was set, school property damaged, personal injuries inflicted and the school was forced to close.
We are convinced that the appellants being responsible for the development of the 1970 program and being forewarned not to permit racially oriented programs, are thus responsible for setting in motion the forces which resulted in the presentation of the racially inflammatory and obscene program in 1970.
For the reasons stated, we hold that the findings and decision of the Board are supported by competent and substantial evidence. The judgment is affirmed.
SMITH and CLEMENS, JJ., concur.
WEIER, KELLY and GUNN, JJ., concur in majority opinion and in separate concurring opinion.
SIMEONE, J., concurs in separate concurring opinion.
McMILLIAN, J., dissents.