In the case of Fiedeldey v. Finneytown Local Sch. Dist. Bd. of Educ., 2020-Ohio-3960 (Ohio Ct. App. 2020), an Ohio appellate court held that a trial court did not abuse its discretion when the trial court reversed the school board’s decision to terminate a teacher pursuant to R.C. 3319.16 based upon the teacher’s conduct when disciplining a student.
In this case, the school board terminated the teacher after the teacher allegedly dragged a student 126 feet while the student complained that the teacher was hurting the student. The trial court held that the teacher’s conduct did not rise to the level of good and just cause to terminate the teacher’s employment because the teacher did not intend to cause harm the student and, in fact, the teacher did not cause harm to the student. The trial court found that the teacher was simply trying to maintain control of the situation. The trial court also found that the teacher was “held in a high regard” as being one of the few teachers who could handle the student involved.
On August 5, 2020, the appellate court affirmed the trial court’s decision and held that the trial court did not abuse its discretion in reversing the school board’s termination decision.
To read this case, click here.
UPDATE: On September 17, 2020, the school board appealed the appellate court’s decision. The Ohio Supreme Court has not decided whether to grant the school board’s discretionary appeal. The Ohio Supreme Court docket can be viewed by clicking 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.