In the case of O’Donnell v. Bd. of Educ., 3rd Dist. Logan No. 8-18-048, 2019-Ohio-4521, an Ohio appellate court held that it was not an abuse of discretion for a trial court to affirm a school board decision under R.C. 3319.16 to terminate a superintendent contrary to a recommendation of a referee.
In this case, a school board adopted a resolution notifying a superintendent its intent to terminate them under R.C. 3319.16. The Board listed among its reasons for termination the indictment against the superintendent for gross sexual imposition. Then, the superintendent exercised his right to request a referee. The referee recommended that the superintendent not be terminated. Contrary to the referee’s recommendation, the Board terminated the superintendent. The superintendent appealed to a trial court which upheld the Board’s decision finding “good and just cause” to terminate the superintendent.
On appeal, the Ohio appellate court held that the trial court did not abuse its discretion because the nature of the criminal charge against the superintendent created a loss of trust from the community which constituted “good and just cause” for termination.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.