(All of this means that there are very specific protocols you need to follow to

insure due process)

• The end of a contract for an annual contract employee is at the end of the year. You do not have to reappoint them for another school year. No “just cause” reason is needed.• If a teacher has a “professional contract” he or she will be reappointed for the following year unless there is “unsatisfactory performance” which is documented and due process is followed.•There are specific reasons you can dismiss someone for “just cause” during the term of their contract. These are listed in Florida Statutes 1012.335 and 1012.33• The terms of what constitutes “just cause” are defined in the Florida Administrative code 6A-5.056 Criteria for Suspension and Dismissal.• If you are using “Immorality” as a basis for dismissal there must be a clear connection between the teacher’s behavior and his or her inability to continue working in the given academic environment• Court cases suggest that the court looks favorably on the district IF they provided a preponderance of evidence, gave time to remedy the behavior (if possible) AND followed procedures that ensured due process

Highlights!

Rosario v. Burke, App. 2 Dist., 605 So.2d 523

Should a head custodian at public school who did not refuse a direct order of the principal but

was disrespectful and attempted to create friction and disagreement between Principal

and other employees warrant dismissal?

Forehand v School Board of Gulf Co, App. 1 Dist., 600 So.2d 1187

Does teacher’s statement “Kids, we are not here to have a Bitch conference” warrant

suspension or dismissal?

Clark v. School Bd. of Lake County, Fla., App. 5 Dist., So.2d 735

Does a teacher’s “atypical, alcohol-influenced acts” that the court called “inappropriate and

abnormal” that occurred during summer vacations mean she was “incompetent due to incapacity, due to lack of emotional stability”

and therefore should be dismissed?

Can a teacher who plead “no contest” (which was published in the newspaper) to undetailed charge that she had abused her disabled husband be dismissed for

“just cause?”

Clark v. School Bd. of Lake County, Fla. App 5 Dist., 596 So.2d 735

Teacher engaged in what she acknowledges was a prolonged, unprofessional, and inappropriate verbal

exchange with one of her students, J.P., during her third period math class. Another student recorded twenty-six

minutes of this exchange on her MP3 recorder. The teacher had never had unsatisfactory evaluations, was

a “lead teacher” and is highly thought of by her colleagues and students. Even J.P said she was sorry it happened and didn’t want the teacher to lose her job.

Should she be dismissed for ‘misconduct in office?’

Abrams v. Seminole County School Board 73 So.3d 285

Principal alleges that teacher made “suggestive, degrading and sexual innuendos and remarks to a

minor referred to as S.L., which conduct was improper, unprofessional and intended to lead to an improper

sexual relationship with said student.” Further questioning of S.L. and other students say that they

were not degraded or humiliated and that the teacher is “well liked” by all and “one of our favorite teachers.” Is

the principal's statement that the teacher’s effectiveness is impaired enough for dismissal?

MacMillan v. Nassau County School Board 629 So.2d 226

A teacher is arrested for criminal battery (later acquitted at trial) for allegedly touching an undercover law enforcement officer in a

sexually suggestive manner. Instead of public condemnation, at his dismissal hearing there was an “outpouring of affection and

support ... from past and present students, their parents, [McNeill's] coworkers, friends and associates... who lauded his

performance as a parent, citizen and teacher.” Twenty-five students, parents, friends, coworkers, and former supervisors

testified in support of McNeill. Another twenty-five citizens submitted letters on his behalf, all expressing their belief that he

can continue to effectively perform his duties.

Can he be dismissed for “immoral conduct?”

McNEILL v. Pinellas County School Board 678 So.2d 476