Hollis v. Fayetteville School District No. 1 of Washington County

2015 Ark. App. 544, 473 S.W.3d 45, 40 I.E.R. Cas. (BNA) 1324, 2015 Ark. App. LEXIS 646
CourtCourt of Appeals of Arkansas
DecidedOctober 7, 2015
DocketCV-14-463
StatusPublished
Cited by3 cases

This text of 2015 Ark. App. 544 (Hollis v. Fayetteville School District No. 1 of Washington County) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hollis v. Fayetteville School District No. 1 of Washington County, 2015 Ark. App. 544, 473 S.W.3d 45, 40 I.E.R. Cas. (BNA) 1324, 2015 Ark. App. LEXIS 646 (Ark. Ct. App. 2015).

Opinion

RAYMOND R. ABRAMSON, Judge

|tThe school board of the Fayetteville School District terminated the 2011-12 and 2012-13 teaching contracts of Timothy Hollis. Pursuant to the Teacher Fair Dismissal Act (TFDA), 1 Hollis challenged his dismissal in circuit court and. added additional claims against the district and the other appellees. 2 . The circuit court granted summary judgment to the appellees on all of Hollis’s claims. We affirm. ■

| ?Hollis had been the speech and debate coach at Fayetteville High School (FHS) for tweiity-five years at the timé of his 2013 termination. ■ He was also elected-a faculty representative to the district’s Personnel Policy Committee (PPC). In 2012, Hollis challenged the district’s administration concerning professional-dévelopment swap days (PDSDs). Teachers attending professional-development sessions were allowed to submit up to twelve hours to replace the two PDSDs that are designated in advance each school year. The administration designated the PDSDs for use in the implementation of the “common core” curriculum standards and an online procedure for requesting PDSDs. Hollis thought the online system deprived teachers of their ability to. take PDSDs of their choosing. He also believed that the designation of the PDSDs was a change in policy that amounted to a breach of a teacher’s contract.

On May 3, 2012, Hollis sent an-email on the district’s FHS-all email system advising teachers to use an attached form to request PDSDs instead of going online to do so. 3 The attached form was a version of a form teachers used prior to 2006 to request PDSDs that Hollis had another teacher alter to incorporate the November 2012 dates. The form had been replaced by the online system.

On May 8, 2012, Superintendent Thomas issued Hollis a formal disciplinary reprimand letter, recounting Hollis’s actions and containing directions, including that laHolIis issue an apology to the recipients of his email. The letter concluded with a warning that the failure to follow the directives would result in a recommendation for termination.

Despite the reprimand, Hollis continued with his actions. On May 6, 2012, Hollis sent, an email on his district account to his department supervisor criticizing. Principal Jacoby as a “bully” and guilty of intimidation and harassment toward female faculty members. The. email also asserted that Jacoby had been hired as an “Administration henchman under questionable, nontransparent, circumstances.”- He sent a second email that same day to Thomas, refusing to back down on his position on PDSDs. He also compared himself to the William Wallace-character and Thomas to the “Tongshanks” character from the movie Bmveheart.

This resulted in other reprimands being issued on May 18 and May 24. The May 24 reprimand directed Hollis to issue a written apology to Jacoby for the defamatory comments Hollis made about Jacoby in the May 6- email, directed Hollis to attend an anger-management program at district éxpense, and prohibited Hollis from being on school property or attending school-related activities until Thomas determined that it was appropriate for Hollis to return to work.

Another incident was memorialized by a disciplinary memo from Thomas to Hollis dated June 20, 2012. The incident involved emails Hollis sent to Tynda Brothers, another FHS teacher, asking her to accompany FHS debate students to the ^national debate tournament on Hollis’s behalf. Brothers emailed Jacoby for guidance. Jacoby selected Sallie Langford, a former debate coach, to accompany the debate students. Jacoby’s selection of Langford prompted Hollis to send an email from his personal account to the parents of the debate students.

On June 29, 2012, Hollis was notified that, his termination would.,be recommended and of his right to request a hearing before the board. The grounds for termination included allegations that Hollis had engaged in insubordinate, inappropriate, and offensive behavior and made defamatory statements; had falsified a district document and distributed it to fellow teachers; had used district funds for an improper purpose; and had made inappropriate use of the district’s email system.

By letter dated January 8, 2013, Thomas notified Hollis .that she was also recommending the termination of. Hollis’s 2012-18 contract on the .basis that Hollis had allowed his teaching license to expire on December 31,- 2012.

■ The -board considered Hollis’s termination at its meeting on February 18-19, 2013. 4 After hearing witnesses called by Thomas and Hollis, the board voted unanimously to find that four of the five grounds for termination — that Hollis had engaged in insubordinate, inappropriate, and. offensive behavior and made defamatory | .-¡statements; had falsified a district document and distributed it to fellow teachers; had made inappropriate use of the district’s email system; and had allowed his teaching license to expire — were true. 5 A motion was made and seconded that the board uphold the superintendent’s recommendation that Hollis be terminated. The motion passed unanimously. On February 25, 2013, a letter reporting the results of the hearing before the board was sent to Hollis.

On May 10, 2013, Hollis filed a complaint in the Washington. County Circuit Court, •contesting his -termination under the TFDA. He alleged three violations of the TFDA: that the district violated' the Act by terminating Hollis’s 2012-13 contract for conduct that occurred solely during the term of the 2011-12 contract; that the board considered evidence of a charge (that Hollis had violated the district’s grievance policy) not contained in the letters notifying Hollis that his termination was being recommended; and that the grounds presented did not amount to just and reasonable cause for Hollis’s termination. He also included claims for breach of contract and civil conspiracy, and demanded a jury trial. Hollis amended his complaint twice, with the second amended complaint adding a claim- for violation of the Arkansas Whistle-Blower Act. Appel-lees answered both amended complaints.

^Appellees filed a motion for summary judgment and accompanying brief in which they asserted that Hollis’s sole remedy was to appeal the board’s decision under the TFDA, and that appellees had an affirmative defense under the Whistle-Blower Act.

On April 4, 2014, the circuit court, in a two-sentence order, granted summary judgment in favor of appellees on all of Hollis’s claims. This appeal followed.

Before addressing the merits of Hollis’s arguments, we must take a moment to clarify our standard of review. Although there are many cases setting forth the standard of review under the TFDA, e.g., Russell v. Watson Chapel Sch. Dist., 2009 Ark. 79, 313 S.W.3d 1, we find that they are inapplicable in this case. The cases applying the clearly-erroneous standard usually arise after there has been a trial in the circuit court. The TFDA expressly contemplates that ’“[ajdditional testimony and evidence may be introduced on appeal to show facts and circumstances showing that the termination or nonrenewal was lawful or unlawful.” Ark.Code Ann.

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2015 Ark. App. 544, 473 S.W.3d 45, 40 I.E.R. Cas. (BNA) 1324, 2015 Ark. App. LEXIS 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollis-v-fayetteville-school-district-no-1-of-washington-county-arkctapp-2015.