Hayes v. State Teacher Certification Board

835 N.E.2d 146, 359 Ill. App. 3d 1153, 296 Ill. Dec. 291, 2005 Ill. App. LEXIS 888
CourtAppellate Court of Illinois
DecidedAugust 24, 2005
Docket5-03-0753
StatusPublished
Cited by31 cases

This text of 835 N.E.2d 146 (Hayes v. State Teacher Certification Board) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayes v. State Teacher Certification Board, 835 N.E.2d 146, 359 Ill. App. 3d 1153, 296 Ill. Dec. 291, 2005 Ill. App. LEXIS 888 (Ill. Ct. App. 2005).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

The plaintiff, Joseph E. Hayes, filed a complaint in the circuit court of St. Clair County for the judicial review of an order by the State Teacher Certification Board affirming the five-year suspension of his teaching and administrative certificates for engaging in immoral conduct. For the reasons that follow, we affirm the State Teacher Certification Board’s order.

I. BACKGROUND

This action arose from Hayes’ sexual contact with a seventh grade student at Rock Junior High School in East St. Louis, where he was an assistant principal. In the spring of of 1985, Hayes had sex with M.Q. 1 , then 14 years old, which resulted in the birth of her son, C.Q. This conduct precipitated one criminal trial, an employment-dismissal proceeding, a paternity action, and a certificate-suspension action. These proceedings have transpired over the past 19 years and have resulted in a voluminous record.

On appeal, Hayes, pro se, raises a number of issues involving concepts of res judicata, collateral estoppel, and laches, which require our consideration of various aspects of the foregoing proceedings. The essence of his appeal is that the State Superintendent of Education (the State Superintendent) should be barred from suspending his certificates 12 years after a hearing officer, in an employment-dismissal proceeding, reinstated him to his former position. Our resolution of the issues presented does not require a detailed account of the evidence in the record. However, given the overlapping nature of the proceedings involved, we set forth a time line of the most pertinent events and significant facts below to facilitate our review and discussion.

March 1985: Hayes engages in sexual contact with M.Q.
January 1986: M.Q. gives birth to a son.
July 1986: Hayes submits to a blood test to determine paternity. The results reflect the cumulative paternity index is 13,828, and the relative chance of paternity is 99.99%.
September 1986: Hayes is dismissed from his employment with the East St. Louis School District No. 189 (District 189) pursuant to section 24 — 12 of the School Code (Ill. Rev. Stat. 1985, ch. 122, par. 24 — 12) amidst sex charges, and Hayes appeals.
October 1986: Hayes is charged with aggravated criminal sexual assault in St. Clair County with regard to sexual contact with M.Q.
November 1986: M.Q. files a paternity action in the circuit court of St. Clair County against Hayes under section 7 of the Illinois Parentage Act of 1984 (Ill. Rev. Stat. 1985, ch. 40, par. 2507).
June 1988: A jury finds Hayes not guilty on the sexual-assault charges.
September 1988: A circuit court judge “closes” the paternity action for lack of activity. .
November 1988: Hearing officer Cornelius McAuliffe conducts a four-day hearing of Hayes’ appeal of his employment dismissal under section 24 — 12. (This hearing had been postponed pending the resolution of Hayes’ criminal trial.)
January 1989: Hearing officer McAuliffe finds that District 189 failed to prove by a preponderance of the evidence that Hayes engaged in sexual contact with M.Q., and he reinstates Hayes to his former position, with back pay and benefits. He found the paternity blood test and polygraph evidence to be only minimally probative, and he reinstated Hayes based primarily on the fact that Hayes had consistently denied the accusations of sexual contact and M.Q. had given inconsistent statements over the years.
February 1989: District 189 files in the circuit court of St. Clair County a complaint for the judicial review of Hayes’ reinstatement.
February 1991: The circuit court of St. Clair County affirms Hayes’ reinstatement to employment. District 189 appeals.
December 1992: This court affirms the circuit court’s judgment in the employment-dismissal action. East St. Louis School District No. 189 v. Hayes, 237 Ill. App. 3d 638, 604 N.E.2d 557 (1992).
August 1997: M.Q. succeeds in reopening the paternity action.
1998: Hayes submits to a court-ordered DNA test in the paternity action, the results of which do not exclude him as the father and indicate a probability of paternity of 99.90% and a combined paternity index of 974 to 1.
August 1999: In the paternity action, the circuit court of St. Clair County sustains M.Q.’s motion for a summary judgment on the question of paternity and finds that Hayes is the father of M.Q.’s son, and it orders the payment of both retroactive and continuing child support.
August 1999: The State Superintendent filed a notice of opportunity for hearing seeking to suspend Hayes’ teaching and administrative certificates for five years for immoral conduct, pursuant to section 21 — 23 of the School Code (105 ILCS 5/21 — 23 (West 1998)). The conduct cited is sexual contact with M.Q. resulting in a birth and evidenced by the 1998 DNA test. Hayes requests a hearing.
December 1999: Hearing officer Roger David denies Hayes’ motion to dismiss the certificate-suspension proceeding and enters a substantial ruling denying Hayes’ charges of res judicata and collateral estoppel.
September 2002: This court affirms the circuit court of St. Clair County’s entry of a summary judgment in M.Q.’s favor in the paternity action. M.Q. v. Hayes, No. 5—01—0593 (2002) (unpublished order under Supreme Court Rule 23 (166 Ill. 2d R. 23)).
September 2000: Hearing officer David hears the State Superintendent’s certificate-suspension case against Hayes under section 21 — 23 of the School Code.
January 2001: Hearing officer David issues his recommended findings and opinion in the certificate-suspension proceeding, finding that the State Superintendent proved by a preponderance of the evidence that Hayes engaged in immoral conduct and recommending that his certificates be suspended for five years. Unlike McAuliffe, David afforded M.Q.’s testimony more weight despite the inconsistencies in her prior statements. He also had the benefit of the 1998 DNA genetic paternity results and an amended statutory structure allowing a rebuttable presumption of paternity. Also of importance to David in his recommendation of suspension was his observation of Hayes’ demeanor during Hayes’ counsel’s examination regarding the charges.

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Bluebook (online)
835 N.E.2d 146, 359 Ill. App. 3d 1153, 296 Ill. Dec. 291, 2005 Ill. App. LEXIS 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-state-teacher-certification-board-illappct-2005.