James v. Charlotte-Mecklenburg County Board of Education

728 S.E.2d 422, 221 N.C. App. 560, 2012 WL 2890491, 2012 N.C. App. LEXIS 879
CourtCourt of Appeals of North Carolina
DecidedJuly 17, 2012
DocketNo. COA11-1376
StatusPublished
Cited by1 cases

This text of 728 S.E.2d 422 (James v. Charlotte-Mecklenburg County Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James v. Charlotte-Mecklenburg County Board of Education, 728 S.E.2d 422, 221 N.C. App. 560, 2012 WL 2890491, 2012 N.C. App. LEXIS 879 (N.C. Ct. App. 2012).

Opinion

HUNTER, JR., Robert N., Judge.

Cameron James (“Petitioner”) appeals from the trial court’s order dismissing his petition for judicial review of the Charlotte[562]*562Mecklenburg County Board of Education’s (“the Board”) decision to terminate his employment. We affirm.

I. Factual & Procedural Background

Petitioner began his employment with the Charlotte-Mecklenburg School System (“CMS”) in January 2004 as a teacher at Cochrane Middle School. During the 2004-05 school year, CMS transferred Petitioner to West Mecklenburg High School and promoted him to the position of Dean of Students. Petitioner subsequently attained the position of Assistant Principal at West Mecklenburg High School for the 2005-06 school year before taking medical leave in May 2006 “to treat advanced colorectal cancer.”

Following a successful operation in January 2007, Petitioner was cleared to return to work that April. CMS placed Petitioner as an assistant principal at Piedmont Middle School (“Piedmont”), where Petitioner’s physicians believed the work would be “less stressful” than his previous position at West Mecklenburg High School.

That spring, Piedmont’s principal, Dee Gardner (“Principal Gardner”), received complaints from teachers at the school that Petitioner was “being too friendly” and made them feel “uncomfortable.” The complaints stemmed from Petitioner’s conduct and interactions with the female staff at after-school “stress relief’ social gatherings, which generally took place at local bars and restaurants. Principal Gardner discussed the complaints with Petitioner “after [she] observed him for a couple of months” and also informed him in writing that she wanted him “to be more professional and less casual with particularly the female staff.” In addition, Principal Gardner expressed her concern (via the same writing) with Petitioner’s “communication and the intensity of his responses with parents and children.” Nonetheless, Petitioner received a positive summative evaluation at the close of the 2006-07 school year, in which Principal Gardner noted that Petitioner had “only been [at Piedmont] a short time but he ha[d] definitely established himself as a leader, a team player, an energizer, an enforcer, and a vital part of the administrative team.” Following this evaluation and prior to the 2007-08 school year, CMS extended Petitioner a four-year contract to stay on as assistant principal at Piedmont.

Petitioner’s problems interacting with students and parents persisted throughout the 2007-08 school year. Consequently, Principal Gardner placed Petitioner on an action plan designed to improve [563]*563Petitioner’s ability to “[c]ommunicate effectively when speaking with students, staff, and parents,” which Petitioner reviewed with Principal Gardner and signed on 14 December 2007. Petitioner failed to complete the action plan as directed.

In January 2008, Principal Gardner was approached by a male teacher at Piedmont who expressed concern that some of the female staff members at the school “were being harassed” by Petitioner. Principal Gardner interviewed the female staff members regarding their concerns and met with Petitioner to discuss his “inappropriate remarks to female staff.” Additionally, Principal Gardner completed her mid-year assessment of Petitioner’s performance in February 2008, in which she instructed Petitioner to “ [eliminate inappropriate communication to female staff.”

In June 2008, a female teacher at Piedmont, Alanda Singletary, complained to Principal Gardner that Petitioner had issued her a poor job performance evaluation and “continued to harass her” because “she would not succumb to his advances.” She also stated that Petitioner showed her a text image of a “smiley face with the middle finger up.” Ms. Singletary set forth numerous allegations in a written memorandum to Principal Gardner dated 6 June 2008, including complaints that Petitioner had “obtained [her] phone number without [her] permission” from Piedmont’s emergency telephone directory; that Petitioner “sent inappropriate/vulgar texts to [her] cell phone on a consistent basis;” that Petitioner had once told her he “preferred to date black women;” and that Petitioner had shown an “inappropriate text” to other teachers in the school cafeteria in the presence of a student. In light of these allegations, Principal Gardner launched an investigation through which she learned, among other things, that Petitioner had showed the smiley face image to 19 other staff members at Piedmont.

On 4 August 2008, Petitioner was suspended with pay pursuant to N.C. Gen. Stat. § 115C-325(fl) pending allegations of sexual harassment and interference with an investigation after being instructed not to have contact with staff. By letter dated 5 September 2008, the CMS superintendent provided Petitioner with a written notice of charges and stated that he was considering recommending Petitioner’s dismissal to the Board on grounds of inadequate performance and failure to comply with the reasonable requirements of the Board. By letter dated 19 September 2008, the superintendent notified Petitioner of his intent to recommend dismissal and of Petitioner’s right to contest his dismissal as provided under N.C. Gen. Stat. [564]*564§ 115C-325. The superintendent subsequently sent Petitioner an amended written notice of charges, in which the superintendent added “insubordination” as a third asserted statutory ground for Petitioner’s dismissal.

Petitioner responded by requesting a hearing before a case manager, which was held at CMS’ administrative offices on 23 and 24 November 2009. After hearing testimony and arguments from both sides, the case manager submitted his report and recommendation on 16 April 2010. The report included findings of fact relevant to each of the superintendent’s three asserted grounds for dismissal and a recommendation that the grounds for dismissal were not substantiated by the evidence presented.

Notwithstanding the case manager’s recommendation, the superintendent notified Petitioner of his intent to recommend Petitioner’s dismissal to the Board. Petitioner requested a hearing before the Board to contest his dismissal and, as discussed further in Part III(B) infra, the parties agreed to schedule the Board hearing outside the time period prescribed by N.C. Gen. Stat. § 115-325Ql)(3). Petitioner took issue with the 27 May 2010 hearing date set by the Board, and Petitioner’s counsel appeared at the Board hearing for the limited purpose of contesting the Board’s jurisdiction over the matter in light of its alleged failure to schedule the hearing as prescribed by statute. When the Board rejected Petitioner’s jurisdictional argument, Petitioner’s counsel exited the hearing without presenting any arguments on the merits of Petitioner’s dismissal. The Board voted to proceed with the hearing and heard arguments from the superintendent on the merits of the case. By resolution dated 1 June 2010, the Board unanimously voted to accept the superintendent’s recommendation to dismiss Petitioner from his assistant principal position at Piedmont and to terminate Petitioner’s employment with CMS.

Petitioner filed a petition for judicial review with Mecklenburg County Superior Court on 28 June 2010.

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Bluebook (online)
728 S.E.2d 422, 221 N.C. App. 560, 2012 WL 2890491, 2012 N.C. App. LEXIS 879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-charlotte-mecklenburg-county-board-of-education-ncctapp-2012.