Transcript Teacher as Exemplar: Criminal Activities (School Law Cases

Teacher as Exemplar:
Criminal Activities
(School Law Cases and Concepts, p. 251 - 256)
Michelle Duke
MED 6490
February 9, 2010
Gillett v. Unified School Dist.
No. 276, Supreme Court of Kansas, 1980, 605 P.2d.105
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Jessie Mae Gillett was a tenured teacher who
had been continuously employed by the Unified
School District for seven years.
On March 11, 1977, the board notified Mrs.
Gillett that they would not be renewing her
contract, due to the existence of criminal
charges of shoplifting pending against her in
Hastings, Nebraska in 1976.
Mrs. Gillett promptly filed a request for a due
process hearing on the matter.
Facts
On May 5, 1977 the board served Mrs. Gillett
with a notice that contained a supplemental list
of reasons for non-renewal of her contract:
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1.
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Inability to properly handle school funds
Excessive absences from teaching school duties for
allegedly being ill
Improper use of sick leave
Physical and mental instability
Loss of community, student, and school board
respect for this teacher
First Holding
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The board held to its original decision not to
renew her contract.
Mrs. Gillett appealed the school board’s
decision to the district court.
The district court entered judgment in favor of
Mrs. Gillett, ordering her reinstated with back
pay.
Issue
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Whether the district court erred in holding that the
school board had failed to present substantial
evidence to support its reason for non-renewal.
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Original cause (shoplifting) was undisputed. In fact, there
was an earlier incident in 1973.
Mrs. Gillett’s defense, at the time, was that she was not
criminally responsible due to a mental condition
Dr. Peters testified that, although she was not mentally ill,
she suffered from altered states of consciousness resulting
from sensitive reactions to a wide variety of foods. During
these attacks her judgment was adversely affected,
therefore she was not responsible for her actions. Such
episodes could (and did) come up at any time, including
classroom hours.
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At the time of the hearing, Mrs. Gillett was involved
in an elimination diet, to determine the triggers.
There was testimony that Mrs. Gillett had been
careless in keeping money from candy sales in her
desk drawer, and failed to make daily deposits to the
bank, as required by the school superintendent.
However, no proof of any wrongdoing here.
The record is devoid of any misconduct regarding
excessive absences.
The board made attempts to show loss of
community, school, and student respect for the
teacher.
Second Holding
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The judgment of the district court must be
reversed and the case remanded to the
district court with directions to enter judgment
in favor of the school board.
Legal Doctrine
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The board’s action was taken in good faith, and
was not arbitrary, irrational, unreasonable, or
irrelevant to maintaining an efficient school
system
Not a single witness testified as to any
contributions Mrs. Gillett was making to the
educational program of the school district.
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Kimble v. Worth County R-Ill Board of
Education, 669 S.W. 2d.949 (Mo. Ct. App. 1984)
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Teacher’s contract terminated for stealing a
teapot that was a prop in a school play, $20 from a
basketball game’s receipts, and a set of the school’s
books.
Dubuclet v. Home Insurance Company, 660
So.2d 67 (La. Ct. App. 1995)
 A teacher who had pled guilty to possession of
marijuana and cocaine in a criminal proceeding was
not reinstated to his teaching position after his criminal
record had been expunged. The expungement did not
erase the fact that he had committed the act, nor did it
erase the moral turpitude of the teacher’s conduct.
Kari v. Jefferson county School District,
852 P.2d 235 (Or. Ct. App. 1993)
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Failure to take appropriate measures in
response to her husband’s use of the family
home for growing and selling marijuana was
not held to be a “neglect of duty” on a
teacher’s part, and her reinstatement by the
Oregon Fair Dismissal Appeal Board was
upheld.
Significance: Torts - civil, noncontractual responsibilities that
individuals in society owe to one
another
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Intentional Torts
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Criminal behavior or deliberate act against another
Defamation
Intentional Emotional Stress
Professional or job incompetency
Unintentional Torts
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An act or omission that causes physical or psychological
harm perpetrated by someone who fails to exercise the
degree of reasonable care necessary under the
circumstances.