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9th District remands Lorain Schools’ wrongful termination case
TRACEY BLAIR
Legal News Reporter
Published: November 21, 2017
A Lorain City School District employee who engaged in inappropriate verbal and physical aggression toward a student should not have been terminated, the 9th District Court of Appeals recently ruled.
Case summary shows that Aliceson B. Humphries was hired by the district in 1996. She was fired in 2016 while serving as the director of Lorain Digital Academy after a May 2015 incident on school property at George Daniel Field.
Humphries was at a track meet and senior athlete recognition ceremony with her sister, Natalie.
Natalie’s daughter was a Lorain student who was being recognized. Natalie and her mother began arguing after Humphries’ niece refused to participate in the ceremony.
Eventually, Humphries became involved, and the three females began “brawling.” Then, as her niece was being escorted to the parking lot by security officers, Humphries struck the girl on the head.
Humphries, who had a two-year administrative limited contract and a continuing teaching contract, was put on administrative leave and ordered to stay off school property pending the investigation.
Before starting termination proceedings, the Board of Education also considered Humphries’ conduct in a 2009 unrelated incident when she was disciplined for using profanities and physically confronted another student.
In August 2015, the Board issued a notice of intention to consider termination and suspended her contract without pay or benefits.
After a four-day hearing, a referee concluded Humphries’ decision to physically involve herself in the brawl rather than involve security, and in “bopping” her niece while the girl was being escorted by security was “just cause” for discipline. However, the referee also found that “termination of this high performing administrator is excessive.”
In February 2016, the Board voted 4-1 to reject the referee’s recommendation and terminated Humphries’ contract effective Feb. 5, 2016.
Humphries appealed the Board’s decision to Lorain County Common Pleas Court, which affirmed the Board’s decision.
In her appeal to the appellate court, Humphries argued the lower court committed reversible error in dismissing the complaint because the court and Board failed to apply due deference to the referee’s factual findings.
She also said the lower court committed reversible error because the dismissal was against the manifest weight of the evidence in her favor.
The appellate panel agreed in a 3-0 opinion written by Judge Julie A. Schafer.
“… The court acknowledged that the Board was required to accept the referee’s findings of fact unless they are against the greater weight of the evidence. However, the court went on to find that the Board did not reject the factual findings of the referee – a patently incorrect determination. Although the Board expressed its independent determination that its version of the facts was consistent with the weight of the evidence, it is apparent that the lower court, based on its mistaken conclusion, never engaged in the analysis to determine whether the Board properly rejected and altered the referee’s findings of fact.
“… Because the court failed to recognize the Board’s numerous rejections of the referee’s findings of fact, the court also abused its discretion in affirming the Board’s decision without first considering whether the Board afforded the referee’s factual findings and recommendation due deference.”
The matter was remanded, with appellate judges Thomas Teodosio and Lynne Callahan concurring.
The case is cited Humphries v. Lorain City School Dist. Bd. of Edn., 2017-Ohio-8429.