Speller v. Toledo Pub. Sch. Bd. of Educ.

98 N.E.3d 1066, 2017 Ohio 7994
CourtCourt of Appeals of Ohio, Sixth District, Lucas County
DecidedSeptember 29, 2017
DocketNo. L–16–1231
StatusPublished
Cited by8 cases

This text of 98 N.E.3d 1066 (Speller v. Toledo Pub. Sch. Bd. of Educ.) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Sixth District, Lucas County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Speller v. Toledo Pub. Sch. Bd. of Educ., 98 N.E.3d 1066, 2017 Ohio 7994 (Ohio Super. Ct. 2017).

Opinion

SINGER, J.

{¶ 1} This case is before the court on the appeal of appellant, Sandra Meeks Speller, from the September 16, 2016 judgment of the Lucas County Court of Common Pleas, granting summary judgment to appellees, Toledo Public Schools District Board of Education ("Board") and three Board administrative employees. For the *1070reasons that follow, we affirm the trial court's judgment.

Assignment of Errors

{¶ 2} Appellant sets forth the following assignments of error:

1. Appellees failed to raise the affirmative defense of "honest belief" in their Answer; therefore, the trial court erred in granting summary judgment on this affirmative defense.
2. The "honest belief" defense of Federal case law is incompatible with Ohio Civ.R.56 and should not have been applied as contrary to Ohio procedural law.
3. The trial court erred in granting summary judgment.

Background Facts

{¶ 3} Appellant started working as a teacher for Toledo Public Schools ("TPS") in 1996. Starting in the fall of 2007, appellant was assistant principal at DeVeaux Middle School ("DeVeaux"), and for a short stint, appellant served as DeVeaux's acting principal.

{¶ 4} In January 2009, a new principal was hired at DeVeaux. At first, the new principal praised appellant's work, but by January 2010, the principal began to give appellant declining marks on her employee evaluations. By the end of the 2009-2010 school year, the principal had contacted his immediate superior regarding appellant's failure to perform her job duties and unprofessional conduct toward students and parents.

{¶ 5} In January 2011, DeVeaux's principal completed an employee evaluation for appellant wherein he recommended appellant be transferred and given assistance through an intervention program or a similar program for professional growth.

{¶ 6} Appellant was transferred to Spring Elementary School ("Spring") for the 2011-2012 school year. In early September 2011, Spring's principal and the Assistant Superintendent of the TPS Board met with appellant to discuss concerns about appellant's professionalism. On October 1, 2011, appellant was assigned a mentor.

{¶ 7} Complaints soon surfaced concerning appellant's behavior, including inappropriate language and conduct with students, parents and teachers, and numerous occasions of appellant being late to cover or failing to cover her cafeteria shifts during the 2011-2012 school year. Appellant disputed most of these claims as being misrepresented or false.

Procedural History

{¶ 8} In June 2012, a three-day internal hearing was held to address five disciplinary charges brought against appellant by TPS. On July 30, 2012, the hearing officer found the allegations were founded and constituted insubordination, and recommended that appellant's employment be terminated. Appellant appealed.

{¶ 9} The Board requested an impartial referee be appointed by the Ohio Department of Education ("ODE") to hear appellant's appeal. In November 2012, a six-day evidentiary hearing was held before an impartial referee. In January 2013, appellant filed a race discrimination charge with the Ohio Civil Rights Commission ("OCRC"). In May 2013, the referee issued a written recommendation not to terminate appellant.

{¶ 10} On June 25, 2013, the Board passed a resolution terminating appellant's employment because she engaged in a pattern of misconduct from the 2009-2010 school year through the 2011-2012 school year. The resolution contained specific reasons why the referee's recommendation was rejected.

*1071{¶ 11} In July 2013, appellant filed a second charge with the OCRC claiming her employment was terminated in retaliation for the charge she filed in January 2013. The OCRC ultimately closed both cases, at appellant's request, without a determination.

{¶ 12} Also in July 2013, appellant appealed the Board's decision to the Lucas County Court of Common Pleas, being case no. CI13-3777.

Case No. CI13-3777

{¶ 13} In her amended complaint, appellant alleged the following claims against the Board: violation of R.C. 3319.16 (termination of contract without good and just cause); violation of R.C. 3319.12 ; malicious breach of contract; defamation; intentional infliction of emotional distress; unlawful gender and race discrimination at DeVeaux; unlawful race discrimination at Spring; unlawful race discrimination by the Assistant Superintendent of the Board; and, unlawful retaliation.

{¶ 14} The Board filed a motion to dismiss all of appellant's claims except the violation of R.C. 3319.16 claim, and filed a brief addressing that claim. The court granted the motion to dismiss with respect to the R.C. 3319.12 and malicious breach of contract claims. See Speller v. Toledo Pub. Schools Dist. Bd. of Edn. , Lucas C.P. No. CI13-3777, 2013 WL 12078742 (Dec. 10, 2013). The court also ruled on the R.C. 3319.16 claim, and affirmed the Board's decision to terminate appellant. The court found the Board presented substantial and credible evidence to support its charges and finding that it had good and just cause to reject the referee's recommendation, and issue a termination order. See Speller v. Toledo Pub. Schools Dist. Bd. of Edn. , Lucas C.P. No. CI13-3777, 2013 WL 12078744 (Dec. 12, 2013).

{¶ 15} In June 2014, appellant voluntarily dismissed, without prejudice, all of her remaining, unresolved claims. Appellant appealed the trial court's decision dismissing the R.C. 3319.12 and malicious breach of contract claims, as well as the trial court's ruling on the R.C. 3319.16 claim. On June, 30 2015, we affirmed the lower court's judgments in Speller v. Toledo Pub. School Dist. Bd. of Edn. , 2015-Ohio-2672, 38 N.E.3d 509 (6th Dist.).

Case Nos. CI14-3172 and CI15-2918

{¶ 16} On July 15, 2014, appellant filed a complaint against three Board administrative employees and John/Jane Does in the Lucas County Court of Common Pleas, being case no. CI14-3172.

{¶ 17} On June 8, 2015, appellant filed a complaint against the Board, in case no. CI15-2918, alleging the claims which she had previously dismissed without prejudice in case no. CI13-3777. Case no. CI15-2918 was consolidated with case no. CI14-3172. On October 14, 2015, appellant file a nine-count amended complaint against the Board, three administrators and John/Jane Does. In the consolidated amended complaint, appellant alleged: race and gender discrimination, hostile work environment in violation of R.C.

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Bluebook (online)
98 N.E.3d 1066, 2017 Ohio 7994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speller-v-toledo-pub-sch-bd-of-educ-ohctapp6lucas-2017.