Billie Hunt VS East Baton Rouge Parish School Board
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r NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2009 CA 0220 BILLIE HUNT VERSUS EAST BATON ROUGE PARISH SCHOOL BOARD On Appeal from the 19th Judicial District Court Parish of East Baton Rouge Louisiana Docket No 561 771 Section 8 Honorable Wilson Fields Judge Presiding Otha C Nelson Sr Attorney Nelson Plaintiff Appellant Billie Hunt Baton Nelson L LP Rouge LA for Kenneth F Sills Attorney Hammonds Defendant Appellee East Baton Rouge Parish Baton Rouge Sills LA for School Board BEFORE PARRO KUHN AND McDONALD JJ Judgment rendered jl1c 2b4 i 1 I cqIS CO J fssjn I PC OCT 2 3 7 009 S J PARRO J Billie Hunt system appeals a a judgment upholding her suspension from teaching parish public school system for of a period of ten years based in the finding on a at a hearing of willful neglect of duty arising out of instances of tardiness and tenure use Rouge Parish public school teacher in the East Baton profane language in the classroom We affirm the judgment FACTUAL AND PROCEDURAL BACKGROUND Ms Hunt was a in the East Baton neglect of duty School Rouge Parish public school system arose failed to that when she was serving as a The they by 6 50 a m were and all in the bastard At unsupervised a use of 2 in the tenure 3 on charged with because she telling them using the profane words and 4 leaving found Ms 2006 Hunt her damn classroom the East Baton guilty of persistent The profane words in the classroom Instead and dogs December 13 School Board recommended termination of her public school system was tardiness 1 calling students classroom hearing follows She High separate occasions between August 17 dog house Rouge Parish School Board tardiness and as fifteen on September 19 2006 and hell in scan neglect of duty charges of willful math teacher at Belaire during the beginning of the 2006 school year four counts of willful 2006 permanent teacher with twenty two years of experience Superintendent position with the East Baton Rouge Parish the School Board voted to suspend her from teaching in the parish public school system for ten years without pay and benefits Hunt filed Ms School Board s a petition in the district court decision and reinstatement to her seeking review of the teaching position 2 After a 1 At another parish public school in 2005 Ms Hunt had been suspended for ten days without She waived a tenure pay for tardiness and use of inappropriate language in the classroom hearing in that instance and accepted the suspension with the understanding that further violations of school policies and procedures would result in a tenure hearing and a recommendation of termination 2 However February 1 the record shows Ms Hunt voluntarily 2007 2 terminated her employment by retiring on hearing the court upheld the School Board s decision In this error in argues the court committed manifest and reversible appeal Ms Hunt that judgment APPLICABLE LAW Louisiana Revised Statute 17 443 shall not be removed from office willful neglect of duty member of or to contributing Removal guilty after See LSA a or due and 17 444 5 R Louisiana courts in 3 any immorality or occur The teacher tenure law is to be Rousselle 633 So 2d 1235 its are 93 1916 guilty of willful neglect of duty if he had were failure to act in contravention of contrary a to school 1228 can policy based La 6 29 01 School or an Bd writ denied Howard 04 1844 v 793 So 2d 153 a outrageous or specific action or so identifiable school 03 1879 some general on of teachers be found without direct order Parish 885 So 2d 1225 city 1241 42 egregious that willful neglect of duty 6 25 04 or boards Plaquemines Parish School Bd v Teachers may also be dismissed when their conduct is Feliciana or liberally construed by not school they as West Baton Rouge Parish School Bel 00 3234 East a unless the teacher is found knowledge concerning the responsibility and conduct v movement legal hearing by the school board of the parish knowledge that his actions Spurlock being or injunction from operating in the State of discipline cannot A teacher can be found 156 permanent teacher organization group favor of teachers intended beneficiaries La 2 28 94 other or a except upon written and signed charges of incompetency dishonesty corporation prohibited by law Louisiana provides that La 1st App 10 29 04 La policy Cir 885 SO 2d 591 Judicial review of tenure whether 3 the school The teacher tenure law board originally proceedings must be limited procedures 446 Rousselle enacted by school board must follow to a inquiry of complied with the statutory formalities under Act 100 of 1922 and amended and reenacted Acts 58 and 79 of 1936 defines the status of Louisiana the to an discharge Parish School Bd s public them 93 1916 by school teachers and outlines See generallv LSA R S La 2 28 94 633 So 2d 1235 441 17 Plaquemines gives tenure in office to Louisiana public school teachers and arms them with a shield protecting them against discharge suspension or demotion for causes other than those provided by statute The motivation of the teacher tenure law as amended in 1936 is the protection of teachers against political vengeance and reprisals Id 3 1241 The law v Louisiana s teacher tenure law and whether the school board quality and weight that reasonable and fair minded must in La 6 27 03 851 So 2d 1090 give great deference to the school board conducting such an 809 So 2d 932 La 2 26 02 or in an manner 2069 La 0265 La 3 24 95 evidence there is 651 So 2d 284 competent evidence Orleans 544 So 2d 351 360 a The word rs See Coliseum capriciously writ not considered arbitrary implies or Id Port of New Orleans 93 A conclusion is support it judgment should conclusion reached Bd of Com v s 01 1878 of abuse of discretion 646 So 2d 955 958 substantial evidence to substantiated The district court findings of fact and credibility showing of the proper weight thereof or no clear a See Burst App 1st Cir 10 7 94 1094 Bossier Parish v Orleans Parish Sch Bd v abuse of discretion results from arbitrary an Wise Thus the school board 941 not be reversed in the absence of Generally Arriola examination s in the exercise of men impartial judgment might reach different conclusions 02 1525 were Substantial evidence is evidence of such supported by substantial evidence School Bd findings s a 95 disregard of when capricious the conclusion is contrary Square Assoc City of New v to La 1989 ANALYSIS Ms Hunt does not any defect in the School Board statutory formalities under the teacher tenure law with the the allege tenure requirements hearing were and our review scrupulously met court is whether the School Board evidence or were an arriving on the Therefore findings record the were compliance in its conduct of shows that all the only issue before this supported by substantial abuse of discretion The record shows that Ms concerning tardiness s of or s Hunt From the very consistently violated a policy beginning of the school year she began Principal Robert W Webb Jr ten to fifteen minutes late school met with her Friday August 11 2006 to discuss her tardiness that day and the previous day and to emphasize the school s requirement that she 4 scan in by 6 50 a m every A written notice of this violation morning 17 2006 September 19 2006 August and on fourteen Because of the Labor that a Day holiday there was were on only late fifteen of warning about tardiness had been entered August 21 2006 and on in her September 21 2006 Mr Webb requested job action be taken concerning her performance Ms Hunt late Another written days record in late then and other occasions between twenty two school days between those two dates and she those Ms Hunt and Despite this verbal and written warning she again scanned Mr Webb on signed by was At the tenure hearing acknowledged that she knew the school policy and that she had been occasions but offered various on numerous She stated that she had never period but admitted there reasons been late for the to excuse beginning of her first class other duties that teachers were her conduct were expected to perform before classes began in the morning We note that Ms Hunt written persisted in arriving late after several verbal and Moreover warnings another school for the evidence that Ms identifiable school she had been disciplined the previous year at type of violation same We find there Hunt contravened a direct order policy on numerous occasions of her or an The other of in the classroom discipline at her Nigga please senior who had been in Ms Hunt first few class student to it these words s Hunt H up and and Jackass were never This not s arbitrary was the use problem of inappropriate language previous school where she admitted using with her students Ms periods Shut the Dammit was charge for which the School Board disciplined her had also resulted in expression an abuse of discretion profane language the principal and Therefore the School Board finding of willful neglect of duty concerning her tardiness capricious substantial was At the tenure hearing a geometry class at Belaire said that after the began using profanity in class telling one using words and expressions like Goddamn in every class directed at her 5 The student testified that she found Ms Hunt s although language offensive and mumble would under her breath at the students and would slam down bastards papers and say sophomore Algebra I student said Ms Hunt would A insulting To hell with ya II This get rowdy student s conference with Mr Webb in been that Dammit when the class testified that she requested a s behavior and language in class She stated during this conference with the principal Ms Hunt admitted using the Hell expression using it use totally unacceptable actions he of the word hell had asked her classroom behavior several of them at the tenure the word in class Mr Webb testified that hearing wrote that she was in the Bible Following this conference with Ms cursing parent and her daughter Mr Webb wrote stating that her s explaining that because the word Hell no not was concerned Hunt mother and early September to discuss what her daughter had her about Ms Hunt telling Damn you and curses as as a Hunt letter to Ms she had admitted was part of his investigation of Ms students for comments concerning her including the two girls who testified at the During her cuss us out own testimony use of calling the children bastards under her breath but denied using any of the other Hunt doing or hearing Ms Hunt reiterated the Biblical explanation for her Hell the curse words profanity that the students had or described Based on our review of the record we conclude that the School Board had substantial competent evidence of Ms Hunt her classroom a clear violation of s regular known school a of use profanity in Ms policy Hunt represented by counsel at the tenure all the witnesses who testified concerning her negative behavior She had opportunity to hearing and her attorney testify and present her side of the issue School Board who participated in the tenure credibility concerning Ms Hunt s of were full able to observe them and profanity in the classroom 6 a The members of the The record shows that the School Board use examined hearing also had the opportunity to question the witnesses including Ms Hunt and evaluate their cross was was s finding supported by substantial evidence and its decision to pay and benefits was not an suspend Ms Hunt for ten years without abuse of discretion CONCLUSION For the above and is affirmed foregoing All costs of this appeal reasons are the judgment of the district court assessed to Billie Hunt AFFIRMED 7 STATE OF LOUISIANA BILLIE HUNT COURT OF APPEAL VERSUS FIRST CIRCUIT EAST BATON ROUGE PARISH 2009 CA 0220 SCHOOL BOARD J tyJ A rfl McDONALD J CONCURRING vi Py@ I respectfully suspension penalty is concur in the result reached tantamount to I cannot say it is an a termination by the majority While this is abuse of discretion A ten year certainly a severe
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