Dawn Harter v. Wonderview School District
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
LARRY D. VAUGHT, JUDGE
DIVISION IV
CA061254
November 7, 2007
DAWN HARTER
APPELLANT
APPEAL FROM THE CONWAY
COUNTY CIRCUIT COURT
[CV2003109]
V.
WONDERVIEW SCHOOL DISTRICT
APPELLEE
HON. PAUL E. DANIELSON,
CIRCUIT JUDGE
AFFIRMED
This is a pro se appeal from Dawn Harter, who was terminated from her teaching
position with the Wonderview School District after being arrested. On appeal, she claims that
the school district violated the Arkansas Fair Teacher Dismissal Act. She makes two
arguments—first she argues that she did not receive proper notice prior to her termination
hearing, and second she argues that the school district failed to show reasonable cause for
her termination. Neither claim is meritorious, and we affirm.
Although the police report, which presumably outlines the circumstances of Harter’s
arrest, was omitted from the one brief we received in this case, we know the termination
decision was based on Harter’s arrest after being discovered in a car in the driveway of her
former boyfriend. She was accompanied by her minor child and was alleged to have been
under the influence (and in possession) of chemical substances. The school board, based on
the recommendation of the district’s superintendent, determined that Harter was a person
whose “continued presence on campus, as a teacher of children and a role model, was
extremely undesirable.”
The school district claims that Harter was then “properly” notified of the
superintendent’s intention to recommend that Harter’s contract be terminated and that she
timely requested a hearing before the board. Harter did not appear at the hearing. Claiming
that they assumed Harter had abandoned her claim for relief, the board went into executive
session to consider the superintendent’s basis for the termination recommendation. Upon
returning to public session, the superintendent made a recommendation—without
explanation—that Harter’s contract be terminated. The school board then voted to accept the
recommendation.
When Harter was informed of the board’s decision, she claimed to have been denied
proper notice of the hearing. In response to her charge of faulty notice, the district rescinded
the previous vote and gave Harter a new hearing. The board was instructed to ignore the
previous vote, and any information previously provided, and to base their decision only on
the information provided during the second hearing. After the second hearing, the board
again voted to terminate Harter’s contract. The record provides us with no insight into
Harter’s testimony—if any—at the second hearing.
On appeal, we first consider Harter’s claim that she was not provided proper notice
of the first hearing and suffered prejudice at the second hearing. The record establishes that
Harter was aware of the subsequent hearing and does not contend otherwise. Her argument
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is that the second hearing was merely a “rubber stamping” of the first, and as such the second
hearing failed to cure the irregularities of the first hearing. However, our law states the
contrary. See Murray v. AltheimerSherrill Sch. Dist., 294 Ark. 403, 743 S.W.2d 789 (1998)
(using a “substantial compliance” standard to find a subsequent hearing cures notice defect
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in initial hearing). The board was instructed to base its decision only on information
provided during the second hearing. Harter had ample opportunity to deny or explain the
charges against her and to address her claim that she had been a victim of prejudicial
deliberation.
Harter’s second claim of error relates to the merits of the decision not to renew her
contract. On appeal, we must uphold the decision of a school board unless its decision is
shown to be in error by clear and convincing evidence. Lee v. Big Flat Pub. Schs., 280 Ark.
377, 658 S.W.2d 389 (1983). She claims that the decision is not supported by the evidence
because she “always had good evaluations as a teacher.” She further asserts, but without
corroboration, that the charges stemming from her arrest were ultimately resolved without
conviction.
At trial, the district conceded that she had carried out her classroom duties in a
competent manner. However, the district alleged that “her performance in the classroom was
1
The FTDA standard of procedural compliance was changed from “strict
compliance” to “substantial compliance” by Act 1739 of 2001. This returned the
compliance standard to its 1998 form. In addition, Act 1739 raised the standard for
deciding whether the reasons for dismissal are adequate to “any just and reasonable
cause.” Ark. Code Ann. § 6171503 (Supp. 2001).
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not in issue.” Instead, they asserted that the board should consider whether a person that
exercised such poor judgment should “be in the classroom in the first place.” The district
superintendent stated that his nonrenewal recommendation was based entirely on the content
of the police report following Harter’s December 29, 2002, arrest.
The termination letter that Harter received from the district was included in her brief
to our court. The letter explicitly outlined the grounds for her termination: a police report
following her arrest. According to the letter, Harter was “discovered, in a lethargic condition,
hiding in a vehicle, not [her] own, on private property [she] had previously been warned to
avoid, and [was] believed by the police to have abandoned a glass pipe in the squad car, and
[was] charged with criminal trespass and possessing the instruments of the crime.”
After careful review, we are satisfied that the district’s decision to terminate Harter’s
contract is supported by clear and convincing evidence. The fact that she was arrested with
a child in her car, in a nonsober condition, stalking an exboyfriend is sufficient to support
her firing.
Affirmed.
ROBBINS and BAKER, JJ., agree.
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