Sylvester v. Cancienne

664 So. 2d 1259, 1995 WL 689755
CourtLouisiana Court of Appeal
DecidedNovember 9, 1995
Docket95 CA 0789
StatusPublished
Cited by6 cases

This text of 664 So. 2d 1259 (Sylvester v. Cancienne) 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
Sylvester v. Cancienne, 664 So. 2d 1259, 1995 WL 689755 (La. Ct. App. 1995).

Opinion

664 So.2d 1259 (1995)

Mildred SYLVESTER
v.
Edward CANCIENNE, Jr. and Assumption Parish School Board.

No. 95 CA 0789.

Court of Appeal of Louisiana, First Circuit.

November 9, 1995.

*1260 Anthony P. Lewis, Thibodaux, for Plaintiff-Appellant.

David A. Hamilton, Baton Rouge, for Defendants-Appellees.

Before WATKINS, FOIL and TANNER, JJ.[1]

THOMAS W. TANNER, Judge Pro Tem.

This matter is an appeal by Mildred Sylvester, a tenured employee who was demoted from her position as principal at Labadieville Primary School to classroom teacher with commensurate pay, on charges of incompetency and willful misconduct arising out of an incident wherein Mrs. Sylvester allegedly restrained a behaviorally disordered five-year-old to a desk with rope, bound his ankles and wrists with duct tape, and left him in an open doorway (in public view) for approximately two hours. The Assumption Parish School Board found Sylvester guilty of both incompetence *1261 and willful neglect, and voted to adopt the recommendation of the superintendent, Dr. Edward Cancienne, Jr., in favor of demotion. Mrs. Sylvester appealed to the district court; that court upheld the action of the School Board. This appeal followed. After a thorough review of the entire record, we affirm.

Standard of Review

The standard of judicial review of a school board's action is whether there is a rational basis for the board's determination supported by substantial evidence insofar as factually required. In such cases, the reviewing court must neither substitute its judgment for the judgment of the school board nor interfere with the board's Bona fide exercise of discretion. Howell v. Winn Parish School Board, 332 So.2d 822 (La. 1976). Therefore, unless our review of the transcript of the hearing before the school board and the record of testimony and evidence presented to the district court reveals an arbitrary decision or an abuse of discretion, we must affirm.

The Incident

Mildred Sylvester has been an employee of the Assumption Parish School system for over thirty years; the last fourteen of those she held the position of principal at Labadieville Primary School. The record reflects that she maintained satisfactory evaluations throughout her tenure, prior to the incident at issue. On October 4, 1993, a five-year-old kindergarten child[2], who was known to be behaviorally disordered, was taken to Mrs. Sylvester's office because his teacher, Natalie Richard, was having problems with his disruptive behavior. Mrs. Richard testified that she had been having problems with the student since early that morning, and at approximately 10:45 a.m. she picked him up and took him to Mrs. Sylvester's office. She did not see the child again until approximately 1:00 p.m. when he was returned to her classroom; at this time she noticed he had sticky tape residue on his arms. She testified that she did not have any further problems with him that day.

Mrs. Soudelier, who teaches noncategorical preschool children with developmental delays at Labadieville Primary, testified that at approximately 10:30 or 11:00 a.m. on October 4, 1993, she went to Mrs. Sylvester's office to deliver a report to inter-office mail. When she entered the front office, she noticed a student whose wrists and ankles were bound in duct tape, sitting in a small desk in the doorway of Mrs. Sylvester's office. She also observed that the student's arms were roped to the back of the desk with red and white rope, and that his legs straddled the desk, and were also roped separately to the legs of the desk. She testified that the child was crying and asked her to please undo him, as he wanted to return to the classroom. She looked around for Mrs. Sylvester and/or Mrs. Hill, the secretary, in an attempt to ascertain why the child was restrained as he was. However, she was unable to find any adults in or near the principal's office, so she stayed with the child until she saw the secretary coming down the hallway returning to her office. Mrs. Soudelier then returned to her classroom.

Mrs. Soudelier also testified that she recognized and was familiar with the student and his problems, as she had, on prior occasions been called on by his teachers to help at times when his behavior became disruptive and necessitated "time-out" periods or restraints. In particular, she recounted an incident which occurred on September 29, 1993, wherein Mrs. Sylvester had called for her help over the school's intercom system. When Mrs. Soudelier arrived at Mrs. Sylvester's office, the child was out of control, swinging his arms and kicking. She placed the child on the floor in a nearby bathroom, and employed "scissor grip" restraints, whereby she wrapped her legs around the child's legs, secured his arms, and spoke with *1262 him quietly for a period of 20 to 30 minutes, until he had calmed down.

Marsha Ledell, the school's speech therapist who had provided therapy for this child and was aware of his behavioral problems, also observed the restraining of the child on October 4, 1993. She testified that at approximately 12:15 p.m. on that day, she went to the principal's office to get some copy paper. She was waiting for Mrs. Hill to get it for her, when she heard the child crying out to her, asking for help in getting out of the desk. She then recognized the child as her student and observed that he was roped around both arms to the desk; she also observed rope at the bottom of the desk, though she could not see where it was bound. Shortly after leaving the office, Mrs. Ledell called and reported the incident to her superior, Bob Pagan, the evaluation coordinator for the parish schools' pupil appraisal office.

Mrs. Ledell also recounted a prior incident with the child, which had occurred on October 1, 1993, wherein she assisted the school counselor, Amy Bridges, in restraining the child during an apparent temper tantrum. Mrs. Ledell described the restraining technique employed by Ms. Bridges and herself in much the same way as Mrs. Soudelier explained the "scissor-grip" method. Mrs. Ledell further testified that after the October 1, 1993 incident, she had a conversation with Mrs. Sylvester about the child's continuing behavior problems and she relayed to the principal the method by which she and Ms. Bridges had successfully restrained the child.

Marilyn Orgeron, another teacher at Labadieville Primary, also witnessed the October 4, 1993 incident. She testified that at approximately 12:30 p.m. she was taking an injured child to the principal's office when she noticed a child sitting in a desk at the doorway to Mrs. Sylvester's office. She observed rope tied to the back of the desk and wide gray tape on the child's wrists. She remained in the office for approximately 10 minutes, then returned to her classroom.

Melanie Barbier, a noncategorical preschool teacher at the school also testified that she witnessed the child in the desk in the doorway to Mrs. Sylvester's office at approximately "midday" on October 4, 1993. She had gone to get a paper signed by Mrs. Sylvester when she observed the child crying, his wrists bound in duct tape. She also testified about prior experiences in which the child had temper tantrums and she put him in time-out or took him for walks to calm him down.

Mildred Sylvester also testified regarding the October 4, 1993 incident. According to Mrs. Sylvester, at approximately 11:00 a.m., she and her secretary, Mrs. Hill, were trying to complete a report when they were interrupted at approximately 11:20 a.m.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Opinion Number
Louisiana Attorney General Reports, 2006
Delahoussaye v. BOARD OF SUP'RS OF COLLEGES
906 So. 2d 646 (Louisiana Court of Appeal, 2005)
Lee v. East Baton Rouge Parish School Bd.
887 So. 2d 1 (Louisiana Court of Appeal, 2004)
Spurlock v. EAST FELICIANA PARISH SCHOOL
885 So. 2d 1225 (Louisiana Court of Appeal, 2004)
Howard v. W. BATON ROUGE PARISH SCHOOL BD.
793 So. 2d 153 (Supreme Court of Louisiana, 2001)
Howard v. West Baton Rouge Parish School Board
770 So. 2d 441 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
664 So. 2d 1259, 1995 WL 689755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sylvester-v-cancienne-lactapp-1995.