SIMEONE, Judge.
This is an appeal by the plaintiff-appellant, Lindbergh School District, from an adverse judgment of the circuit court of St. Louis County which granted compensation to the defendant-respondent, Eugene Syrewicz, for his sabbatical leave and which reinstated him as a teacher in the Lindbergh School District. We affirm in part and reverse in part.
The Lindbergh School District commenced this litigation by filing its Petition for Reimbursement alleging that the defendant Syrewicz was employed as a teacher, that he applied for a sabbatical leave for the school year 1971-1972, that the leave was granted in reliance on his representation that he would work on an advanced degree (Ph.D.) in geophysics and would attend either the University of Missouri, St. Louis University or Washington University and that the sabbatical leave payments were discontinued when it was learned that defendant had not attended any of these institutions and violated the terms of his sabbatical leave. By reason of his failure to comply with the terms of the sabbatical leave the district alleged he should be required to return his salary paid to him from September, 1971, through January 20, 1972 — $2,805.95. Defendant counterclaimed for his full sabbatical year salary ($6,734.25) and sought reinstatement in the district. He had been informed that his contract as a permanent teacher had been abandoned and that he was terminated. He alleged in the counterclaim that the failure on the part of the district and the failure to provide a hearing constituted non-compliance with the Teacher Tenure Act, § 168.102-168.130, RSMo. The district admitted that the defendant was advised that he had been terminated as a permanent teacher at the beginning of the 1972-1973 school year and pleaded that he violated the terms of the sabbatical program and had abandoned his contract. Instead of attending a university during the first semester he operated or worked in a motorcycle shop and illegally accepted his [509]*509sabbatical compensation; hence this constituted a breach of the teaching contract which resulted in the termination of his tenure rights.
In due time the trial court, after a hearing, made findings of fact and conclusions of law. The court found that the defendant was a tenured teacher having been employed 14 or 15 years, that he applied for and was granted a sabbatical leave for the year 1971-1972 and was granted such leave on March 10, 1971; that although the defendant was unable to attend the universities as set forth in his application, he did attend certain institutions, one during the summer of 1971, and the others during the second semester of 1971-1972 and in the summer of 1972 for a total of 25 credit hours. Some of the courses were under graduate or field courses — eleven hours of the 25. The court found that the district’s sabbatical requirement that a teacher complete 8 hours per semester during sabbatical leave was never explained by the district, that the teacher’s handbook did not contain this specific requirement, and that the handbook was vague and uncertain in that it did not spell out the period of time for a sabbatical — whether a calendar or school year. The court found that the 25 hours undertaken “contributed to the improvement of the instructional ability of defendant, and that the defendant did not resign his contract and did not abandon his contract.” The court therefore concluded that the defendant was covered by the provisions of the Teacher Tenure Act (§§ 168.102 and 168.130, RSMo.) and that he was not accorded his rights under that act and that the hearing before the court may “in this instance” be substituted therefor. Based therefore on the evidence, the court found that the defendant was improperly discharged and did not violate the sabbatical leave policy which subjected him to being terminated as a tenured teacher by the District.
The court therefore denied the district’s claim for reimbursement of salary paid him during the sabbatical year in the amount of $2,805.95 and granted the defendant his sabbatical salary for the full academic year 1971-1972 in the amount of $6,734.25 less the amount paid ($3,928.30) plus interest and ordered his reinstatement. The district appealed the denial for reimbursement, salary granted the defendant and reinstatement.
The points preserved for review are: (1) the defendant failed to comply with the terms of the sabbatical leave1 and (2) the defendant wilfully deviated from the sabbatical program set out in the application without first explaining, justifying or notifying the plaintiff-district of said deviation and thereby abandoned his permanent contract with the district; and (3) even were the defendant entitled to a hearing under the terms of the Teacher Tenure Act, he had a full hearing in the trial court and was thus not thereby prejudiced.
This is a court tried case. We review the case both upon the law and the evidence as in suits of an equitable nature and from all the evidence we are to reach our own independent conclusions, giving due regard to the opportunity of the trial court to judge the credibility of the witnesses. We are not to set aside the judgment unless it is clearly erroneous. Rule 73.01(d), V.A.M.R.
The evidence is uncontradicted that the defendant had been employed by the district as a teacher since 1956 or 1957 and that he had taught in the fields of science and social science. He had a Bachelor’s and Masters Degree and thirty plus hours toward a Ph.D. During his 15 years he [510]*510had never had any disciplinary problems and was reputed to be highly qualified in his field. Neither his integrity nor his morals had been questioned.
The defendant was a “permanent teacher” having been employed as a teacher for more than five successive years. § 168.-104(4), RSMo. This Act became effective July 1, 1970, and was in effect and controlling at all times relevant to this case. A contract between a permanent teacher and the school district is for an indefinite time, § 168.106, and continues in effect for an indefinite period subject to certain enumerated exigencies of which only two would be applicable here: (1) resignation of the teacher with the written consent of the board, and (2) termination by the board after a hearing with notice and service of written charges and a request by the teacher for a hearing. §§ 168.106, 168.116. The grounds for termination of a permanent teacher’s contract are enumerated in § 168.114.
Plaintiff contends that the defendant was not “terminated” as that term is used in § 168.114 and that hence he was not entitled to the procedural due process of the Teacher Tenure Act. This contention is based on its position that the defendant, by failing to comply with the requirements of the Sabbatical Leave Program, breached and abandoned his contract and that neither of these are grounds enumerated in § 168.114 for termination.
Although the defendant in his application for leave on September 27, 1970, indicated that his plans were to work on an advanced (Ph.D.) degree in geophysics and try for a graduate assistantship at Washington University, St. Louis University, or the University of Missouri2, he did not so attend but enrolled in other institutions and engaged in certain other programs commencing in the summer, 1971, and in the spring and summer, 1972. In December, 1971, the Superintendent of the school wrote to defendant inquiring where he had been attending school and whether he was presently enrolled in graduate school.
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SIMEONE, Judge.
This is an appeal by the plaintiff-appellant, Lindbergh School District, from an adverse judgment of the circuit court of St. Louis County which granted compensation to the defendant-respondent, Eugene Syrewicz, for his sabbatical leave and which reinstated him as a teacher in the Lindbergh School District. We affirm in part and reverse in part.
The Lindbergh School District commenced this litigation by filing its Petition for Reimbursement alleging that the defendant Syrewicz was employed as a teacher, that he applied for a sabbatical leave for the school year 1971-1972, that the leave was granted in reliance on his representation that he would work on an advanced degree (Ph.D.) in geophysics and would attend either the University of Missouri, St. Louis University or Washington University and that the sabbatical leave payments were discontinued when it was learned that defendant had not attended any of these institutions and violated the terms of his sabbatical leave. By reason of his failure to comply with the terms of the sabbatical leave the district alleged he should be required to return his salary paid to him from September, 1971, through January 20, 1972 — $2,805.95. Defendant counterclaimed for his full sabbatical year salary ($6,734.25) and sought reinstatement in the district. He had been informed that his contract as a permanent teacher had been abandoned and that he was terminated. He alleged in the counterclaim that the failure on the part of the district and the failure to provide a hearing constituted non-compliance with the Teacher Tenure Act, § 168.102-168.130, RSMo. The district admitted that the defendant was advised that he had been terminated as a permanent teacher at the beginning of the 1972-1973 school year and pleaded that he violated the terms of the sabbatical program and had abandoned his contract. Instead of attending a university during the first semester he operated or worked in a motorcycle shop and illegally accepted his [509]*509sabbatical compensation; hence this constituted a breach of the teaching contract which resulted in the termination of his tenure rights.
In due time the trial court, after a hearing, made findings of fact and conclusions of law. The court found that the defendant was a tenured teacher having been employed 14 or 15 years, that he applied for and was granted a sabbatical leave for the year 1971-1972 and was granted such leave on March 10, 1971; that although the defendant was unable to attend the universities as set forth in his application, he did attend certain institutions, one during the summer of 1971, and the others during the second semester of 1971-1972 and in the summer of 1972 for a total of 25 credit hours. Some of the courses were under graduate or field courses — eleven hours of the 25. The court found that the district’s sabbatical requirement that a teacher complete 8 hours per semester during sabbatical leave was never explained by the district, that the teacher’s handbook did not contain this specific requirement, and that the handbook was vague and uncertain in that it did not spell out the period of time for a sabbatical — whether a calendar or school year. The court found that the 25 hours undertaken “contributed to the improvement of the instructional ability of defendant, and that the defendant did not resign his contract and did not abandon his contract.” The court therefore concluded that the defendant was covered by the provisions of the Teacher Tenure Act (§§ 168.102 and 168.130, RSMo.) and that he was not accorded his rights under that act and that the hearing before the court may “in this instance” be substituted therefor. Based therefore on the evidence, the court found that the defendant was improperly discharged and did not violate the sabbatical leave policy which subjected him to being terminated as a tenured teacher by the District.
The court therefore denied the district’s claim for reimbursement of salary paid him during the sabbatical year in the amount of $2,805.95 and granted the defendant his sabbatical salary for the full academic year 1971-1972 in the amount of $6,734.25 less the amount paid ($3,928.30) plus interest and ordered his reinstatement. The district appealed the denial for reimbursement, salary granted the defendant and reinstatement.
The points preserved for review are: (1) the defendant failed to comply with the terms of the sabbatical leave1 and (2) the defendant wilfully deviated from the sabbatical program set out in the application without first explaining, justifying or notifying the plaintiff-district of said deviation and thereby abandoned his permanent contract with the district; and (3) even were the defendant entitled to a hearing under the terms of the Teacher Tenure Act, he had a full hearing in the trial court and was thus not thereby prejudiced.
This is a court tried case. We review the case both upon the law and the evidence as in suits of an equitable nature and from all the evidence we are to reach our own independent conclusions, giving due regard to the opportunity of the trial court to judge the credibility of the witnesses. We are not to set aside the judgment unless it is clearly erroneous. Rule 73.01(d), V.A.M.R.
The evidence is uncontradicted that the defendant had been employed by the district as a teacher since 1956 or 1957 and that he had taught in the fields of science and social science. He had a Bachelor’s and Masters Degree and thirty plus hours toward a Ph.D. During his 15 years he [510]*510had never had any disciplinary problems and was reputed to be highly qualified in his field. Neither his integrity nor his morals had been questioned.
The defendant was a “permanent teacher” having been employed as a teacher for more than five successive years. § 168.-104(4), RSMo. This Act became effective July 1, 1970, and was in effect and controlling at all times relevant to this case. A contract between a permanent teacher and the school district is for an indefinite time, § 168.106, and continues in effect for an indefinite period subject to certain enumerated exigencies of which only two would be applicable here: (1) resignation of the teacher with the written consent of the board, and (2) termination by the board after a hearing with notice and service of written charges and a request by the teacher for a hearing. §§ 168.106, 168.116. The grounds for termination of a permanent teacher’s contract are enumerated in § 168.114.
Plaintiff contends that the defendant was not “terminated” as that term is used in § 168.114 and that hence he was not entitled to the procedural due process of the Teacher Tenure Act. This contention is based on its position that the defendant, by failing to comply with the requirements of the Sabbatical Leave Program, breached and abandoned his contract and that neither of these are grounds enumerated in § 168.114 for termination.
Although the defendant in his application for leave on September 27, 1970, indicated that his plans were to work on an advanced (Ph.D.) degree in geophysics and try for a graduate assistantship at Washington University, St. Louis University, or the University of Missouri2, he did not so attend but enrolled in other institutions and engaged in certain other programs commencing in the summer, 1971, and in the spring and summer, 1972. In December, 1971, the Superintendent of the school wrote to defendant inquiring where he had been attending school and whether he was presently enrolled in graduate school. The defendant replied that he had completed graduate work at Princeton University and “would be working” on a degree at Union Graduate School at Antioch College “this semester.” The superintendent in February, 1972, was informed by one of the schools (Union Graduate School) that the defendant was not so enrolled. Upon learning of this, the superintendent by letter to the defendant indicated that “It appears that you falsified the application for sabbatical leave . . . and that you breached your contract with the Lindbergh School District.” The defendant was then informed that his salary payments would be stopped and was requested to return the salary paid to date (February, 1972). After some other correspondence, an attorney for the district wrote that the defendant’s failure to comply with the requirements of sabbatical leave constituted a resignation from the District and that he no longer was entitled to continue as a permanent teacher in the district.
Although the district was made aware of the various courses taken by defendant at other institutions, the district stated that the courses were not in his field of specialization or were not taken during the academic year and that he did not comply with the requirement of taking 8 hours per semester and made no request for a change of his field of study for which the leave was granted. An informal meeting was planned, but not held.
Eventually, and on August 25, 1972, the district instituted action for the reimbursement of salary. Plaintiff’s theory was that the defendant failed to comply with the terms of the sabbatical leave, deviated from the terms thereof and breached those terms in that he failed to complete 8 semester units during the first semester of the academic year 1971-1972, and also abandoned and breached his permanent [511]*511teacher contract, so that he was not entitled to termination proceedings under the Teacher Tenure Act.3
It is clear that there was a sabbatical leave program at the school district, and that there were certain procedures and requirements pertaining thereto. The procedure for application required that the application “shall” include a planned program of study and/or [sic] travel and that any person being granted a sabbatical leave for study shall complete at least 24 semester units of work during a sabbatical year, not less than 8 semester units of which shall be completed during each semester of such leave. These courses “shall” be approved by the Superintendent of the Lindbergh District. It is also clear that the defendant made application for sabbatical to “work on an advanced degree (Ph.D.) in geophysics,” and that he intended to attend certain local universities. While it is true that the defendant did attend certain schools and completed several courses,4 he did not fully comply with his application for leave and never advised the district of his change in plans.
The evidence shows that he did not conform to his original application for sabbatical leave to work on an advanced degree in geophysics and did not attend the institutions he indicated he would attend. He did not attend any institution during the first semester of the 1971-72 academic year — having worked in or operated a motorcycle shop. He did not attend any institution, except for the field course at Yellowstone Big Horn, until the second semester and this was after he received a letter from the superintendent on February 18, 1972. Then he took and completed three courses (8 hours) in education at Southern Illinois University (enrolling in April, 1972), having applied in March, 1972, and two freshman level courses at the University of Missouri at St. Louis for a total of six hours; during the summer of 1972 he completed a five semester hour undergraduate freshman course concerned with John-sons Shut-In Park at East Central Junior College. Some of the courses were freshman level courses and it is difficult to believe that some of the courses were “work” on an advanced Ph.D. degree in geophysics. He did not receive approval from the superintendent for taking these courses in accordance with the program.
We believe that under all the evidence defendant had a duty to comply with the sabbatical leave program and especially Rule IX which required him to complete at least not less than 8 semester units in each semester and which required the courses to be approved by the superintendent, espe-[512]*512dally in view of the fact that the program was changed. The defendant was notified by letter on March 10, 1971, that his request for leave was approved and informed to “please stop by our office to review the leave provisions. . . . ”
Since we believe he failed in these particulars, we believe he failed to comply with and deviated from the terms of the sabbatical program and was not entitled to recover his salary for the full sabbatical year so that the plaintiff district is entitled to judgment for the salary paid during the 1971-1972 academic year in the sum of $2,805.95.
But it does not follow that because the defendant failed to comply with and deviated from the sabbatical leave program and breached the terms thereof, he is not entitled to reinstatement as a permanent teacher.
We believe that upon failure to comply with the requirements of the sabbatical leave program, the district cannot unilaterally determine that such failure constitutes a resignation and an abandonment of his permanent teacher’s contract without complying with the provisions of the Teacher Tenure Act of Missouri.
The district terminated the contract of a tenured teacher without complying with the provisions of the Teacher Tenure Act and unilaterally terminated that contract on the grounds that the defendant failed to comply with the terms of the sabbatical leave and deviated from the sabbatical program without explaining, justifying, or notifying the district.
Even though we believe the defendant failed to comply with the terms of the sabbatical leave program and is not entitled to compensation for his sabbatical leave, we cannot adhere to the plaintiff’s position that such failure also constitutes a termination or resignation of his indefinite teacher’s contract. We believe that the district did not conform to the requirements of the Teacher Tenure Act; hence for the purpose of determining whether the failure to comply with the sabbatical leave program constitutes a termination of the indefinite contract, defendant must be afforded a hearing in accordance with §§ 168.1145 and 168.116, RSMo. It was necessary, under these circumstances for the district to proceed against the defendant under those provisions, and since the provisions of law were not complied with, the defendant is entitled to reinstatement as a permanent teacher and to compensation therefor.
The Teacher Tenure Act evidences a • legislative intent to provide substantive and procedural safeguards with respect to tenured teachers. As we view the Act, its purpose is to establish strictly defined grounds and procedures for removing a permanent teacher which may not be evaded or other procedures substituted therefor.
Our General Assembly has declared in the Teacher Tenure Act that there be certain procedural safeguards for teachers for which a civil trial cannot be used as a substitute. Deviation from these statutory procedures are, by their very nature, prejudicial to the beneficiaries of the Act since the Act itself affords a permanent teacher all the safeguards outlined in § 168.116. Those safeguards were not provided here. Therefore, we hold the defendant-teacher is entitled to reinstatement to his position as a permanent teacher as of the academic year 1972-1973 and is entitled to compensation from that time and until such time as the district complies with the requirements of the Teacher Tenure Act.
[513]*513In its brief the plaintiff-district cites several decisions6 or paragraphs of encyclopedia in support of its position that there was an abandonment and breach of contract theory. Most of these are based on general principles of contract law which are inapplicable under the provision of the Teacher Tenure Law or are distinguishable upon the facts.
The judgment of the trial court is therefore affirmed in part and reversed in part. The judgment of the trial court is affirmed on Count II of defendant’s counterclaim ordering reinstatement and compensation. But the judgment is reversed and remanded with directions to enter judgment as follows:
(1) On the district’s claim, judgment in favor of the district for $2,805.95 plus interest, which the defendant was paid under the sabbatical leave program;
(2) On Count I of the defendant’s counterclaim for the balance due defendant during his sabbatical leave in the amount of $3,928.30 plus interest ($4,143.30), judgment in favor of the district.
DOWD, C. J., concurs.
KELLY, J., dissents in separate opinion.