Spurger v. Rapides Parish School Bd.

628 So. 2d 1317, 1993 La. App. LEXIS 3801, 1993 WL 503802
CourtLouisiana Court of Appeal
DecidedDecember 8, 1993
Docket93-275
StatusPublished
Cited by2 cases

This text of 628 So. 2d 1317 (Spurger v. Rapides Parish School Bd.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spurger v. Rapides Parish School Bd., 628 So. 2d 1317, 1993 La. App. LEXIS 3801, 1993 WL 503802 (La. Ct. App. 1993).

Opinion

628 So.2d 1317 (1993)

James C. SPURGER, Plaintiff-Appellee,
v.
RAPIDES PARISH SCHOOL BOARD, Defendant-Appellant.

No. 93-275.

Court of Appeal of Louisiana, Third Circuit.

December 8, 1993.

*1318 Gregory Scott Erwin, Alexandria, for James C. Spurger.

Raymond L. Brown Jr., Alexandria, for Rapides Parish School Bd.

Before GUIDRY, KNOLL and SAUNDERS, JJ.

GUIDRY, Judge.

Defendant, the Rapides Parish School Board, appeals the trial court's reversal of the Board's decision to suspend plaintiff, James Spurger, without pay for the first semester of the 1989-90 school year and place him on probation for the second semester of the school year. Spurger was charged under the Louisiana Teachers' Tenure Act, La.R.S. 17:441 et seq., with willful neglect of duty and incompetence for showing "Boss", a "PG" rated (parental guidance suggested) movie containing repeated racial epithets and stereotypes, to his class of special education students at Tioga High School. In reversing the Board's decision, the trial judge held that the Board failed to comply with procedural requirements to which Spurger was entitled. Particularly, the court found fault in the Board's failure to afford Spurger remediation procedures under La.R.S. 17:391.1 et seq. for his alleged incompetence and its vote to suspend Spurger without specifically identifying which alleged violation or violations formed the basis of its decision.

For the following reasons, we reverse the trial court judgment and reinstate the Board's decision.

*1319 FACTS

The incident in question occurred on either February 23, 1989 or March 2, 1989. The actual date of the showing of "Boss" is unclear from the record. However, it is undisputed that the movie was shown by Spurger to special education students, aged 15 to 19, during an "Arts and Crafts" class. The class was made up of 14 students, 11 of whom were black and the remaining three of whom were white.

At the August 7, 1989 School Board hearing, the Board members viewed the movie to the point at which Spurger ceased showing it to his class. "Boss" is a western which depicts racial stereotypes, some of which are reversed in the movie. It is the story of a black sheriff, the Boss, in a nearly all-white frontier town. Throughout the film, the white town leaders, especially the mayor, attempt to depict the sheriff and the black race in general as immoral, ignorant and corrupt. One stereotype, that a black man's sole intent in speaking to a white woman is to molest her, is also exploited. Rumors fly amongst the townspeople when the sheriff and his deputy are seen conversing with a white woman. However, in a reversal of stereotypes, it is the white mayor who is later revealed to be immoral and sexually deviant when he watches a black woman bathe from a window. Soon thereafter, the mayor attempts to sexually attack her.

The most offensive characteristic of "Boss" is the fact that the word "nigger" is spoken 37 times in the movie. It is the primary tool used by the filmmakers to depict the black race in a negative light as ignorant second-class citizens. Additionally, the movie contains a very brief nude scene (when the woman gets into the bath tub), and the words "shit" and "hot damn" are each spoken once.

Spurger showed "Boss" to his second period class on a Friday morning. His teacher's aide, Zelma Johnson, testified at the Board hearing that Spurger did not discuss showing "Boss" with her prior thereto. There was no explanation to the class of how the movie fit into the lesson plan for the day. Additionally, no class discussion was held before or after the showing. Spurger later commented that he showed the movie in an effort to stop his black students from using "nigger" when referring to each other. At the point during the movie where the woman begins to bathe, Johnson left the room and reported Spurger's activity to the assistant principal, Elgee W. Gorrell. She further stated that there was no problem with the use of the word "nigger" in the class. It would "slip out" occasionally, but she did not consider it to be a serious problem. She did, however, institute a policy of atonement whereby those students caught using the word in class would have to do push-ups. If the offending student refused to comply with the policy, he or she would be sent to Assistant Principal Gorrell who would then enforce the punishment.

Gorrell identified the movie shown to the Board as the same movie shown in Spurger's class that morning. He testified that, when informed by Johnson of Spurger's showing of "Boss" to the special education class, he proceeded immediately to Spurger's classroom. He viewed the movie for a short period of time from the hallway through a small window in the door before entering the classroom. After a few moments of viewing and hearing the movie in the classroom, he became upset and angry over the use of the word "nigger". Gorrell instructed Spurger to stop the film, and Spurger immediately complied. On cross-examination, Gorrell acknowledged the existence of Johnson's atonement policy for use of the word "nigger" in the class and his role in enforcing said policy.

Richard Bardwell, the Tioga High School principal, stated at the hearing that he had a conference with Spurger on the following Monday morning. At that meeting, Spurger admitted showing the movie to his class. He was verbally reprimanded by Bardwell but no further disciplinary action was taken. Bardwell decided that the Arts and Crafts curriculum was not meeting the students' needs due to a lack of facilities and resources. He ordered Spurger to immediately change the subject being taught to geography.

*1320 At the end of the school year, Spurger was rated "satisfactory" in every applicable category by Bardwell on his comprehensive teacher evaluation. Two weeks later, Bardwell wrote a letter to Rapides Parish Superintendent of Schools Allen Nichols detailing the prior transgression and recommending the dismissal of Spurger for violation of "all ethical and legal standards established by the School Board". He acknowledged that the contents of this letter conflicted with the results of his evaluation of Spurger. He explained this discrepancy by stating that, in the meantime, he had become aware that the Board was seriously considering disciplinary action against two teachers at Tioga Junior High School for showing their classes "Child's Play", an "R" rated (restricted) movie about the demonic possession of a doll. According to Bardwell, it became apparent to him that the Board "was gonna [sic] take a stand" on the showing of previously unauthorized movies in the classroom. He felt it was necessary to inform Superintendent Nichols of Spurger's showing of this offensive movie and to recommend that disciplinary action be taken.

Superintendent Nichols also testified at the Board hearing. He initiated the hearing by bringing formal written charges against Spurger and recommending his dismissal. In his opinion, there was absolutely no educational benefit in the movie. He further stated that to show such a movie to special education students to "kill a class period" was willful neglect of duty and incompetence. Nichols also explained that, instead of showing this movie, Spurger should have concentrated on the approved Arts and Crafts curriculum, especially since special education students generally require longer instructional time to learn the same amount of information as mainstream students. In other words, a teacher has much less time to waste in a special education setting.

Spurger testified in his own defense at the Board hearing.

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Related

Holt v. Rapides Parish School Bd.
685 So. 2d 501 (Louisiana Court of Appeal, 1996)
Williams v. Concordia Parish School Bd.
670 So. 2d 351 (Louisiana Court of Appeal, 1996)

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628 So. 2d 1317, 1993 La. App. LEXIS 3801, 1993 WL 503802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spurger-v-rapides-parish-school-bd-lactapp-1993.