Massie v. East St. Louis School District No. 189

561 N.E.2d 246, 203 Ill. App. 3d 965, 148 Ill. Dec. 940, 1990 Ill. App. LEXIS 1438
CourtAppellate Court of Illinois
DecidedSeptember 19, 1990
Docket5-89-0761
StatusPublished
Cited by15 cases

This text of 561 N.E.2d 246 (Massie v. East St. Louis School District No. 189) 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
Massie v. East St. Louis School District No. 189, 561 N.E.2d 246, 203 Ill. App. 3d 965, 148 Ill. Dec. 940, 1990 Ill. App. LEXIS 1438 (Ill. Ct. App. 1990).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

Plaintiff, Charles Massie, appeals from a judgment of the circuit court of St. Clair County which upheld, on administrative review, his dismissal as a tenured public school teacher for the Board of Education of East St. Louis School District No. 189. Three issues are presented for our review: (1) whether the procedures followed in securing plaintiff’s dismissal met the requirements of due process, (2) whether certain factual findings made by the administrative hearing officer were against the manifest weight of the evidence, and (3) whether the administrative hearing officer erred in concluding that the cause for plaintiff’s dismissal was irremediable. For the reasons which follow, we affirm.

The record before us established that plaintiff was employed by the Board of Education of East St. Louis School District No. 189 as a high school teacher. Plaintiff had worked for the Board for many years and entered upon “contractual continued service” pursuant to section 24 — 11 of the School Code (Ill. Rev. Stat. 1987, ch. 122, par. 24 — 11), i.e., he was tenured. Pursuant to section 24 — 12 of the School Code (Ill. Rev. Stat. 1987, ch. 122, par. 24 — 12), which governs the removal or dismissal of teachers in contractual continued service, the Board approved a motion on January 4, 1988, to dismiss plaintiff from his employment “for cause.” See Ill. Rev. Stat. 1987, ch. 122, par. 10-22.4.

Various charges were specified in the Board’s motion. Among these were that:

“On a Saturday, November 21, 1987, in the late afternoon or early evening hours [plaintiff] did transport two female students of the East St. Louis Senior High School to his place of residence in Fairview Heights, St. Clair County, Illinois, where said students were permitted to drink large quantities of various intoxicating liquors to the extent that one of them became intoxicated.”

As required by section 24 — 12 of the School Code (Ill. Rev. Stat. 1987, ch. 122, par. 24 — 12), the Board served written notice of the charges upon defendant within five days of the adoption of its motion and appended to the written notice a bill of particulars. Plaintiff, by his attorney, then made a written request to the Board for a hearing on the charges before a disinterested hearing officer. The Board, in turn, forwarded a copy of plaintiff’s request to the Illinois State Board of Education in accordance with the provisions of section 24— 12 of the School Code (Ill. Rev. Stat. 1987, ch. 122, par. 24 — 12). Plaintiff and the Board selected a hearing officer from a list provided by the State Board, and the hearing officer, Howard Z. Gopman, accepted the appointment.

A hearing before Gopman was conducted on April 21 and 22, 1988. Nineteen witnesses were called to testify. These included plaintiff, his son, his wife, various students and former students from East St. Louis High School, parents of students, teachers, and the principal of East St. Louis High. Following the hearing, the parties submitted memoranda of law, and on December 16, 1988, the hearing officer rendered his decision. In that decision, the hearing officer concluded that the Board had sustained its burden of establishing its charge that on November 21, 1987, plaintiff had transported two female students, namely, Cynthia White and Reidie Mitchell, to his home, where they were “permitted to drink intoxicating beverages to the extent that Cynthia White became intoxicated.”

Although the hearing officer concluded that the Board had failed to establish its other charges, he found that plaintiff’s “taking the two students to his home unchaperoned and permitting them to drink intoxicating beverages” constituted “either immoral behavior or ‘other sufficient cause’ [for dismissal] under Section 10 — 22.4” of the School Code (Ill. Rev. Stat. 1987, ch. 122, par. 10 — 22.4). The hearing officer further found that the offending conduct established by the Board was not remediable, and he ruled that plaintiff had received all the process to which he was due. Accordingly, the hearing officer sustained the Board’s motion to dismiss plaintiff from his employment, and plaintiff’s employment was thereby terminated.

As authorized by sections 24 — 12 and 24 — 16 of the School Code (Ill. Rev. Stat. 1987, ch. 122, pars. 24 — 12, 24 — 16), plaintiff then sought administrative review of the hearing officer’s decision in the circuit court of St. Clair County pursuant to article III of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 3 — 101 et seq.). Following a hearing, the circuit court upheld the hearing officer’s decision, and plaintiff now appeals.

On this appeal, plaintiff argues, as he did before the circuit court, that his due process rights were violated by the procedure used to discharge him. In support of his claim plaintiff cites Cleveland Board of Education v. Loudermill (1985), 470 U.S. 532, 84 L. Ed. 2d 494, 105 S. Ct. 1487. That case involved the termination of two Ohio public employees. Under Ohio law, those employees could be terminated only for cause. The United States Supreme Court held that the employees therefore had a property right in continued employment and that they could not be deprived of that right without due process. The question then became how much process was due.

The record showed that Ohio law did provide that if such employees were terminated, they were entitled to a full administrative hearing following the termination and to judicial review of the administrative decision. The Supreme Court held, however, that this was not sufficient. Rather, the Court held that in addition to the post-termination administrative procedures provided by Ohio law, the State was also required to provide notice of the charges and an opportunity to respond to those charges before the termination took effect. 470 U.S. at 545-47, 84 L. Ed. 2d at 506-07,105 S. Ct. at 1495-96.

In this case, plaintiff claims that the Loudermill standard was not met because he was not adequately apprised of the charges against him or given an opportunity to respond to those charges before he was dismissed. This is factually and legally incorrect. Plaintiff’s argument is premised on the assumption that he was actually discharged on January 4, 1988, when the Board adopted its motion calling for his dismissal. Such was not the case. A motion for dismissal filed pursuant to section 24 — 12 of the School Code (111. Rev. Stat. 1987, ch. 122, par. 24 — 12) is not itself an order of dismissal. The only time a motion for dismissal will operate to terminate a tenured teacher is where the teacher does not request a hearing on the charges against him. Where, as here, a hearing is requested, no dismissal occurs until the hearing officer renders his decision. 111. Rev. Stat. 1987, ch. 122, par. 24 — 12; Combs v. Board of Education (1986), 147 Ill. App. 3d 1092, 1099, 498 N.E.2d 806, 811.

Pending a hearing on a school board’s motion for dismissal, the most that the board can do by statute is suspend the teacher. (Ill. Rev. Stat. 1987, ch. 122, par. 24 — 12.) That is precisely what the Board did here.

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Cite This Page — Counsel Stack

Bluebook (online)
561 N.E.2d 246, 203 Ill. App. 3d 965, 148 Ill. Dec. 940, 1990 Ill. App. LEXIS 1438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massie-v-east-st-louis-school-district-no-189-illappct-1990.