ERIC Number: ED245379
Record Type: RIE
Publication Date: 1983
Reference Count: 0
Good Cause Basis for Dismissal of Education Employees.
Landauer, W. Lance; And Others
The most frequently cited causes for teacher dismissal are immorality, incompetence, and insubordination. The discussion in this chapter concerning these three causes encompasses the general judicial principles found in teacher dismissal cases. The discussion of dismissal for immorality focuses on three controversial areas of litigation: sexual misconduct with students, sexual misconduct with nonstudents, and teacher profanity in the classroom. A major consideration for the judiciary in allegations of immoral conduct is proof of a nexus between the conduct in question and fitness to teach. In dismissing a tenured employee for incompetence, school boards should apply the following evidentiary guidelines: (1) a comparative standard of performance, (2) substantial evidence to justify incompetence, (3) a documented pattern of incompetent behavior, (4) determination that behavior is irremediable, (5) a reasonable period for remediation, and (6) evidence that employee's conduct has an adverse effect on the operation of the school. In cases of dismissal for insubordination, school boards are generally required to demonstrate the presence of a persistent willful violation of a reasonable rule or order from a proper authority. Substantial evidence must support such a charge, and the action must be based on a legitimate school concern. (TE)
Publication Type: Legal/Legislative/Regulatory Materials; Reports - Research
Education Level: N/A
Audience: Administrators; Practitioners
Authoring Institution: N/A
Note: Chapter 8 of: Legal Issues in Public School Employment (EA 016 920).