Merchant v. Pearl Mun. Sep. Sch. Dist.

492 So. 2d 959, 34 Educ. L. Rep. 974
CourtMississippi Supreme Court
DecidedJuly 23, 1986
Docket56310
StatusPublished
Cited by27 cases

This text of 492 So. 2d 959 (Merchant v. Pearl Mun. Sep. Sch. Dist.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Merchant v. Pearl Mun. Sep. Sch. Dist., 492 So. 2d 959, 34 Educ. L. Rep. 974 (Mich. 1986).

Opinion

492 So.2d 959 (1986)

Doug MERCHANT
v.
BOARD OF TRUSTEES OF THE PEARL MUNICIPAL SEPARATE SCHOOL DISTRICT.

No. 56310.

Supreme Court of Mississippi.

July 23, 1986.

*960 Michael P. Younger, Johnston & Younger, Brandon, for appellant.

James H. Gabriel, Arthur F. Jernigan, Jr., Bacon, Jernigan & Martin, Jackson, for appellee.

Before ROY NOBLE LEE, P.J., and PRATHER and ROBERTSON, JJ.

ROBERTSON, Justice, for the Court:

I.

Our law directs that the trustees or board members of the various public school districts of this state serve in a quasi judicial capacity with respect to a wide range of personnel matters including teacher dismissals. For reasons of institutional necessity and practical convenience, we have long accepted substantial limitations upon judicial review of a school board's actions. Adherence to these limitations proceeds on the assumption that there has been a full and fair hearing before the school board followed by a reasonable and adequate decision on the merits of the matter in controversy. It is in the context of these premises that we this day affirm the Pearl Municipal Separate School District's dismissal of an obviously popular and successful football coach, because he refused to be a team player.

II.

Prior to July of 1984 Doug Merchant, Appellant here, served as athletic director for the Pearl Municipal Separate School District (PMSSD) and head football coach at Pearl High School. On July 10, 1984, Merchant was notified by District Superintendent, William H. Dodson, that his contract was terminated and he was dismissed from further duties. An amended notice of dismissal advised Merchant that the reasons for his dismissal were (1) insubordination, (2) direct disobedience of School Board policy concerning purchasing after receiving written instructions concerning said policy, (3) overspending the Athletic Department's budget, (4) purchasing or contracting to purchase items over $500.00 *961 without receiving price quotations, (5) unauthorized sale of merchandise to students, including shirts, jackets, cokes and other items, and (6) failure to account for monies received to the school activity fund.

As required by law, Merchant was advised of his entitlement to a hearing before the School Board regarding his termination and the adequacy of the reasons therefor. Miss. Code Ann. § 37-9-59 (Supp. 1985). Merchant requested such a hearing which in fact was held on July 23, 1984. We have before us a transcript of that hearing, the better part of which consists of the testimony of Superintendent Dodson by way of explanation and justification for Merchant's dismissal, followed by Merchant's testimony by way of defense. At the conclusion of the hearing the School Board upheld the action of the Superintendent, effectively terminating Merchant from further employment with the District.

Merchant perfected an appeal to the Chancery Court of Rankin County, Mississippi. In an opinion filed January 4, 1985, the Chancery Court affirmed the action of the school trustees. That opinion noted Merchant had been dismissed on July 23, 1984, that he raised constitutional questions regarding adequacy of notice of certain allegations but that the proceedings before the school trustees conformed to law and

that the action of the Board of Trustees of the Pearl Municipal Separate School District should be affirmed and the petition for appeal and review filed herein by the Petitioner, Doug Merchant, should be dismissed.

On January 14, 1985, the Chancery Court entered its final order dismissing Merchant's appeal, whereupon Merchant perfected a further appeal to this Court. See Miss. Code Ann. § 37-9-59 (Supp. 1985).

III.

Our law provides that any employee of a school district may be dismissed or suspended for incompetence, neglect of duty, immoral conduct, intemperance, brutal treatment of a pupil or for other good cause. Miss. Code Ann. § 37-9-59 (Supp. 1985); see Everett v. Board of Trustees of Meridian Municipal Separate School District, 492 So.2d 277 (Miss. 1986). This Court has recognized that insubordination is one of the "other good causes" for which one may be dismissed. Noxubee County Board of Education v. Givens, 481 So.2d 816, 819 (Miss. 1985); Sims v. Board of Trustees of Holly Springs Municipal Separate School District, 414 So.2d 431, 435 (Miss. 1982).

Without serious question, one who is a school district athletic director or a high school football coach, is subject to the provisions of Section 37-9-59, even though those two jobs are not specifically listed by title. See Everett v. Board of Trustees of Meridian Municipal Separate School District, 492 So.2d 277 (Miss. 1986).

The hearing procedure in such cases is that found in Miss. Code Ann. § 37-9-111 (Supp. 1985). See Miss. Code Ann. 37-9-59 (Supp. 1985). Section 37-9-111(4) provides, inter alia, that at the conclusion of the hearing the school board

shall notify the employee in writing of its final decision and reasons therefor.

Appeals may then be taken in accordance with Miss. Code Ann. § 37-9-113 with respect to which judicial review

shall be limited to a review of the record made before the school board or hearing officer to determine if the action of the school board is unlawful for the reason there was:
(a) not supported by any substantial evidence;
(b) arbitrary or capricious; or
(c) in violation of some statutory or constitutional right of the employee.

At such hearing before the school board, the burden rests upon the superintendent to prove by a preponderance of the evidence adequate grounds for dismissal (or such other action as the superintendent proposes to take). Mississippi Employment Security Commission v. Philadelphia Municipal Separate School District, 437 So.2d 388, 393 fn. 4 (Miss. 1983); Sims *962 v. Board of Trustees of Holly Springs Municipal Separate School District, 414 So.2d 431, 434 (Miss. 1982).

What happens on appeal is familiar to all. This Court accords great weight and deference to the prerogatives of school administrators when their discharge of their responsibilities is challenged. See Clinton Municipal Separate School District v. Byrd, 477 So.2d 237, 240-42 (Miss. 1985); Brantley v. Surles, 404 So.2d 1013, 1018 (Miss. 1981). With regard to the facts of the case — both the evidentiary facts and the ultimate facts — our inquiry is limited to a determination of whether there be substantial credible evidence undergirding the School Board's findings. If there be such evidence, we have no authority to do other than recognize and act upon those findings of fact. Everett v. Board of Trustees of Meridian Municipal Separate School District, 492 So.2d 277 (Miss. 1986); Noxubee County Board of Education v. Givens, 481 So.2d 816, 819 (Miss. 1985); Hattiesburg Municipal Separate School District v. Gates, 461 So.2d 730, 738 (Miss. 1985);

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Bluebook (online)
492 So. 2d 959, 34 Educ. L. Rep. 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merchant-v-pearl-mun-sep-sch-dist-miss-1986.