Howard v. West Baton Rouge Parish School Board

770 So. 2d 441, 98 La.App. 1 Cir. 2574, 2000 La. App. LEXIS 2276, 2000 WL 1398931
CourtLouisiana Court of Appeal
DecidedSeptember 22, 2000
DocketNo. 98 CA 2574
StatusPublished
Cited by2 cases

This text of 770 So. 2d 441 (Howard v. West Baton Rouge Parish School Board) 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
Howard v. West Baton Rouge Parish School Board, 770 So. 2d 441, 98 La.App. 1 Cir. 2574, 2000 La. App. LEXIS 2276, 2000 WL 1398931 (La. Ct. App. 2000).

Opinion

QGUIDRY, J.

Appellant, James Howard, appeals the judgment of the district court upholding the decision of the West Baton Rouge Parish School Board to terminate his employment for willful neglect of duty. Based on the following review, we affirm.

FACTS AND PROCEDURAL HISTORY

In 1996, appellant was employed as a vocational education instructor at the Vocational Skills Center located on the campus of Port Allen High School. On Friday, October 4, 1996, appellant drove his wife’s car, a 1991 Nissan Sentra, to work. After leaving work that afternoon, he discovered that a .38 caliber Smith and Wesson handgun, usually stored by his wife in a compartment located on the driver’s side door of the vehicle, was missing. After talking with his wife and searching for the gun at his home, appellant concluded that the gun had been-stolen.

On Monday, October 7, 1996, appellant informed his supervisor, Alfred Johnson, director of the Vocational Skills Center, that the gun was stolen from his vehicle while parked on campus. The two later met with Paul Fouquier, director of instructor support services of the West Baton Rouge Parish School System, who instructed appellant to file a report on the stolen gun with the sheriffs department. The next day, appellant met with Beverly Triche, superintendent of the West Baton Rouge Parish School System, concerning the incident. Following that meeting, appellant was placed on suspension, with pay, pending the superintendent’s review of the evidence and recommendation.

On February 5, 1997, appellant was given written notice that he was being charged with willful neglect of duty based on reports made by him to school officials and the local sheriffs department concerning the loss of thejjfirearm. Subsequently, on March 5, 1997, a hearing was conducted before the West Baton Rouge Parish School Board, at which time the school board unanimously voted to terminate the employment of appellant for willful neglect of duty. Appellant appealed the school board’s decision to the Eighteenth Judicial District Court, which affirmed the decision by way of a judgment rendered June 17, 1998. This appeal followed.

ASSIGNMENTS OF ERROR

On appeal, appellant argues the trial court erred in the judgment rendered in the following respects:

A. The trial court erred in not following the law regarding termination of tenured teachers.
B. The trial court erred in not following Louisiana law by failing to perceive the lack of proof or evidence offered by the West Baton Rouge Parish School Board.
C. The trial court erred in not following Louisiana law regarding possession of firearms.
D. The trial court erred in failing to recognize that the West Baton Rouge Parish School Board hearing before termination was not “fair and impartial” as required by Louisiana tenure laws.
E. The trial court erred in failing to provide written reasons despite an [ojrder to do so.

STANDARD OF REVIEW

The standard of judicial review of a school board’s action is whether there is a [443]*443rational basis for the board’s determination supported by substantial evidence insofar as factually required; the reviewing court must neither substitute its judgment for the judgment of the school board nor interfere with the board’s bona fide exercise of discretion. West v. Tangipahoa Parish School Board, 615 So.2d 979, 981 (La.App. 1st Cir.), writ denied, 618 So.2d 414 (La.1993).

The reviewing court is to grant great deference to the school board’s conclusions and decision. Williams v. Concordia Parish School Board, 95-980, p. 2 (La.App. 3rd Cir.1/31/96), 670 So.2d 351, 353, writ denied, 96-0556 (La.4/19/96), 671 So.2d 921. Therefore, this court should affirm the board’s decision in the absence of an abuse of discretion or an arbitrary decision. Sylvester v. Cancienne, 95-0789, p. 2 (La.App. 1st Cir.11/9/95), 664 So.2d 1259, 1261, writ not considered, 95-3128 (La.1/26/96), 666 So.2d 663.

DISCUSSION

In reviewing appellant’s brief, we observe that the last two assignments of error were not briefed. Assignments of error which have not been briefed may be considered abandoned. Uniform Rules, Courts of Appeal, Rule 2-12.4. Therefore we will not consider the issues raised by these assignments. Theriot v. Bourg, 96-0466, p. 17 (La.App. 1st Cir.2/14/97), 691 So.2d 213, 225, writ denied, 97-1151 (La.6/30/97), 696 So.2d 1008.

Generally, judicial review of a school board’s decision following a tenure hearing must consider (1) whether the hearing was conducted in accordance with the formalities of tenure law and (2) whether the decision was based on substantial evidence. Substantial evidence is “evidence of such quality and weight that reasonable and fair-minded men in exercise of impartial judgment might reach different conclusions.” Coleman v. Orleans Parish School Board, 93-0916, 94-0737, pp. 3-4 (La.App. 4th Cir.2/5/97), 688 So.2d 1312, 1314-1315, writ denied, 97-0622 (La.4/25/97), 692 So.2d 1087.

We note that appellant makes no claim that the hearing was not conducted in accordance with the formalities of La. R.S. 17:443. Therefore, our review of this matter will be limited to consideration of whether the Rschool board’s decision to terminate appellant’s employment was based on substantial evidence.

The remaining assignments of error basically question whether appellant’s conduct of having a firearm in his vehicle, while the car was on school grounds, constituted willful neglect of duty. According to La. R.S. 17:443, willful neglect of duty is one of the grounds upon which the employment of a tenured teacher may be terminated. In order for a teacher to be found guilty of willful neglect of duty, it must first be shown that the teacher had “some knowledge that his actions were contrary to school policy gained .either through warnings from his supervisors or from general knowledge concerning the responsibilities and conduct of teachers.” Coleman, 93-0916 at 6, 688 So.2d at 1316 (emphasis added).

Appellant argues that the school board’s decision should be reversed because the only proof of the gun being brought on school grounds were statements made by him to school officials and the sheriffs department. He further asserts that this evidence is refuted by additional evidence presented by him, namely, the testimony of David Bazzell, former assistant store manager of the Port Allen NAPA Auto Parts store. Mr. Bazzell testified that he had observed several people in close proximity to appellant’s car while it was parked in front of the NAPA store on the morning of October 4, 1996. Appellant filed a supplemental report with the sheriffs department on October 21, 1996, relating these observations by Mr. Bazzell and stating that the weapon was more than likely taken from his vehicle while at the NAPA store in Port Allen between the [444]*444hours of 7:00 a.m. and 8:00 a.m. on October 4,1996, before he drove it to school.

Appellant asserts that, based on this new evidence, his initial statements and reports to school officials and the sheriffs department were |finot sufficient to support a finding that the gun was on school property. We disagree.

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Related

Howard v. West Baton Rouge Parish School Bd.
865 So. 2d 708 (Supreme Court of Louisiana, 2004)
Howard v. WEST BATON ROUGE SCHOOL BD.
843 So. 2d 511 (Louisiana Court of Appeal, 2003)

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Bluebook (online)
770 So. 2d 441, 98 La.App. 1 Cir. 2574, 2000 La. App. LEXIS 2276, 2000 WL 1398931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-west-baton-rouge-parish-school-board-lactapp-2000.