In the case of Humphries v. Lorain City School Dist. Bd. of Edn., 2019-Ohio-2263, an Ohio appellate court held that a school board’s decision to terminate an administrator despite an independent referee’s recommendation to the contrary was warranted because the school board conducted an extensive review of the referee’s findings of fact and rejected some of the findings.
In this case, a school board initiated termination proceedings of an administrator after the administrator allegedly struck the administrator’s niece at a school district track banquet. The administrator timely requested a hearing by referee, who later recommended that the administrator should not be terminated in spite of the fact that the administrator’s conduct was reported to be inappropriate. The school board rejected the referee’s recommendation and terminated the administrator.
The administrator appealed the school board’s termination decision to a common pleas court and argued that the school board owed “due deference” to the referee’s findings of fact and recommendation. Humphries at ¶ 3. The Ohio appellate court found that while “due deference” must be accorded to the findings and recommendation of the referee, the school board “properly considered the significance of the findings of fact in concluding that good and just cause existed for termination.” Humphries at ¶ 14.
To read this case, click here.
Additional guidance for terminating school employees can be found 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 like the always changing 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.