ANNA LAND V L'ANSE CREUSE PUBLIC SCHOOLS BD OF EDUCATION

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STATE OF MICHIGAN COURT OF APPEALS ANNA LAND, UNPUBLISHED May 27, 2010 Petitioner-Appellee/CrossAppellant, v L’ANSE CREUSE PUBLIC SCHOOL BOARD OF EDUCATION, No. 288612 State Tenure Commission LC No. 07-000054 Respondent-Appellant/CrossAppellee. Before: BANDSTRA, P.J., and BORRELLO and SHAPIRO, JJ. BANDSTRA, P.J., (concurring) I concur with the decision to affirm this case because the record here could not support a determination that, as a result of the photographs being posted on the internet, petitioner’s ability to teach effectively was adversely impacted enough to justify her discharge. That is not to say, however, that I agree with the commission or the majority opinion to the extent they conclude that, absent some misbehavior by a teacher involving students directly, a discharge decision can only be justified by a finding of professional misconduct. There may well be situations where misbehavior short of professional misconduct negatively impacts the teaching environment (either a teacher’s ability to teach or the school community more generally) sufficiently to conclude that the misbehavior constitutes a “reasonable and just cause” for discharge under the statute. /s/ Richard A. Bandstra -1-

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