Spry v. Winston-Salem/Forsyth County Board of Education

412 S.E.2d 687, 105 N.C. App. 269, 1992 N.C. App. LEXIS 45
CourtCourt of Appeals of North Carolina
DecidedFebruary 4, 1992
Docket9021SC1247
StatusPublished
Cited by8 cases

This text of 412 S.E.2d 687 (Spry v. Winston-Salem/Forsyth 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
Spry v. Winston-Salem/Forsyth County Board of Education, 412 S.E.2d 687, 105 N.C. App. 269, 1992 N.C. App. LEXIS 45 (N.C. Ct. App. 1992).

Opinions

EAGLES, Judge.

In this appeal defendant contends that the trial court erred by (1) denying the Board’s motions for summary judgment, directed verdict, and judgment notwithstanding the verdict; (2) instructing the jury regarding the standard for establishing a violation of G.S. 115C-325(m)(2); (3) admitting evidence and instructing the jury concerning actual damages for mental, emotional, and physical harm [272]*272resulting from the nonrenewal of plaintiff’s contract; (4) admitting evidence and instructing the jury concerning damages to plaintiff’s reputation; (5) admitting evidence concerning the school system’s financial worth and instructing the jury that it could award punitive damages; (6) admitting testimony concerning plaintiff addressing the Board at a public rather than executive session; (7) admitting irrelevant prejudicial evidence; and (8) denying the Board’s motion for a mistrial based on improper closing arguments made by plaintiff’s counsel. We hold that defendant was entitled to a directed verdict and reverse the judgment of the trial court.

In 1981 the General Assembly enacted G.S. 115C-305 which provides:

Appeals to the local board of education or to the superior court shall lie from the decisions of all school personnel, including decisions affecting character or the right to teach, as provided in G.S. 115C-45(c).

This Court has said that the General Assembly’s decision to enact this section “indicates an intention to extend the right of appeal in public school personnel decisions far beyond the confines of the former law.” Warren v. Buncombe County Board of Education, 80 N.C. App. 656, 658, 343 S.E.2d 225, 226 (1986).

Here, plaintiff initially brought a petition for review of the Board’s decision under G.S. 115C-45(c) and 115C-305. Plaintiff then filed an amended complaint seeking a jury trial. “In North Carolina, our courts have held that when the Legislature has provided an effective administrative remedy by statute, then that remedy is exclusive. In addition, our courts have held that not only is the administrative remedy exclusive but also a party must pursue it and exhaust it before resorting to the courts.” Church v. Madison County Board of Education, 31 N.C. App. 641, 645, 230 S.E.2d 769, 771 (1976) (citations omitted) (emphasis added), disc. review denied and appeal dismissed, 292 N.C. 264, 233 S.E.2d 391 (1977). But for other recent decisions of this Court, plaintiff would have a right to appeal the Board’s decision to the Superior Court under G.S. 115C-305 and that remedy would be the exclusive procedural avenue for determining whether the Board’s decision was for arbitrary, capricious, political, or personal reasons. As the Supreme Court has noted, the whole record test set out in G.S. 150B-51 applies to appeals from decisions of city or county boards of education. Overton v. Goldsboro City Board of Education, 304 N.C. 312, [273]*273317, 283 S.E.2d 495, 498 (1981). While review under G.S. 115C-305 would constitute the exclusive remedy for determining whether the Board’s decision violated G.S. 115C-325(m)(2), nothing would preclude plaintiff from bringing other claims, for example under 42 U.S.C. 1983, based on the same conduct. See Crump v. Board of Education, 93 N.C. App. 168, 378 S.E.2d 32, review on additional issues denied, 324 N.C. 543, 380 S.E.2d 770 (1989), decision affirmed as modified, 326 N.C. 603, 392 S.E.2d 579 (1990).

However, in prior cases concerning the nonrenewal of probationary teachers’ contracts, this Court said that “[n]o statutory right of appeal exists. G.S. 115C-325(n). Probationary teachers who contend non-renewal was for a prohibited reason therefore must sue in the appropriate court. Sigmon v. Poe, 528 F.2d 311 (4th Cir. 1975) (per curiam).” Abell v. Nash County Board of Education, 71 N.C. App. 48, 49, 321 S.E.2d 502, 504 (1984), disc. review denied, 313 N.C. 506, 329 S.E.2d 389 (1985). In addition, by entertaining appeals involving questions of summary judgment and directed verdict, this Court has implied that a teacher has a right to a trial on the question of whether the Board’s actions were in violation of G.S. 115C-325(m)(2). Abell v. Nash County Board of Education, 71 N.C. App. 48, 321 S.E.2d 502 (1984), disc. review denied, 313 N.C. 506, 329 S.E.2d 389 (1985) and Abell v. Nash County Board of Education, 89 N.C. App. 262, 365 S.E.2d 706 (1988). The Supreme Court has said: “Where a panel of the Court of Appeals has decided the same issue, albeit in a different case, a subsequent panel of the same court is bound by that precedent, unless it has been overturned by a higher court.” In the Matter of Appeal from, Civil Penalty, 324 N.C. 373, 384, 379 S.E.2d 30, 37 (1989). Accordingly, we are bound by the prior decisions of this Court which hold that no statutory right to appeal exists and that a probationary teacher can sue for alleged violations of G.S. 115C-325(m)(2).

Having prefaced our decision with these comments, we hold that on this record the trial court erred in denying defendant’s motions for a directed verdict and judgment notwithstanding the verdict.

“A motion for a directed verdict raises the question as to whether there is sufficient evidence to go to the jury. . . . The plaintiff’s evidence must be taken as true and be considered in the light most favorable to him and a directed verdict may be granted only if, as a matter of law, the evidence is insufficient [274]*274to justify a verdict for the plaintiff.” W. Shuford, N.C. Civil Practice and Procedure § 50-5 (1988). Here, the evidence was insufficient as a matter of law to support a verdict in plaintiffs favor.

Plaintiff alleges that the Board failed to renew her contract in violation of G.S. 115C-325(m)(2) which provides as follows:

The board, upon recommendation of the superintendent, may refuse to renew the contract of any probationary teacher or to reemploy any teacher who is not under contract .for any cause it deems sufficient: Provided, however, that the 'cause may not be arbitrary, capricious, discriminatory or for personal or political reasons.

This Court has said that G.S. 115C-325(m)(2) imposes “a duty on boards of education to determine the substantive bases for recommendations of non-renewal and to assure that non-renewal is not for a prohibited reason.”

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Spry v. Winston-Salem/Forsyth County Board of Education
412 S.E.2d 687 (Court of Appeals of North Carolina, 1992)

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Bluebook (online)
412 S.E.2d 687, 105 N.C. App. 269, 1992 N.C. App. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spry-v-winston-salemforsyth-county-board-of-education-ncctapp-1992.