ERIC Number: ED220952
Record Type: Non-Journal
Publication Date: 1980
Reference Count: N/A
Evidence Law for Teacher Employment Termination Hearings.
Uerling, Donald F.
The purpose of this study was to research the law of evidence for teacher employment termination hearings. The research involved a review of related literature, judicial decisions, and Nebraska statutes. Considerations about evidence in teacher termination hearings may vary. In law, three categories of rules of evidence have evolved: rules of relevancy, rules of exclusion, and rules of privilege. Although a degree of procedural informality seems to be permissible in teacher termination hearings, any decisions should be solidly based on evidence admissible under the formal rules of evidence used in judicial trials. Only evidence relevant to the charges in the notice to the teacher should be admitted and used in support of a termination decision. Rules of exclusion, although generally not enforced when evidence is introduced, may be applied if a court examines the record to determine whether there is some legally admissible evidence to support the findings. Rules of privilege are seldom an issue, except that both the constitutional and common law privileges are generally recognized. Finally, the determination must be fairly based on the hearing proceedings. (Author/MLF)
Descriptors: Court Litigation, Educational Legislation, Elementary Secondary Education, Hearings, Public Schools, School Law, State Legislation, Teacher Administrator Relationship, Teacher Dismissal
University Microfilms International, Dissertation Copies, P.O. Box 1764, Ann Arbor, MI 48106 (Order No. 8110583; academic price: $10.00, microform; $17.50, paper; orders must be prepaid).
Publication Type: Dissertations/Theses - Doctoral Dissertations; Legal/Legislative/Regulatory Materials; Reports - Research
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: Nebraska