Harris v. Canton Separate Public School Bd. of Educ., s. 90-CC-01288-SC

• Decision Date: 11 May 1995
• Docket Number: Nos. 90-CC-01288-SC,90-CC-01294-SCT,s. 90-CC-01288-SC
• Citation: 655 So.2d 898
• Parties: 100 Ed. Law Rep. 1251 George C. HARRIS, Sr. v. CANTON SEPARATE PUBLIC SCHOOL BOARD OF EDUCATION.
• Court: Mississippi Supreme Court

Page 898

655 So.2d 898

100 Ed. Law Rep. 1251

George C. HARRIS, Sr. v. CANTON SEPARATE PUBLIC SCHOOL BOARD OF EDUCATION.

Nos. 90-CC-01288-SCT, 90-CC-01294-SCT.

Supreme Court of Mississippi.

May 11, 1995.

Bruce C. Harris, Jackson, Walter E. Wood, Ridgeland, for appellant.

John W. Christopher, Ridgeland, for appellee.

ON PETITION FOR REHEARING

EN BANC.

JAMES L. ROBERTS, Jr., Justice, for the Court:

The original opinions are withdrawn and these opinions are substituted therefor.

In February of 1989, George C. Harris, Sr. was fired as principal of the Nichols Middle School in Canton, Mississippi, by Canton School District Superintendent Joe Galloway. In March, Galloway recommended that Harris' employment contract not be renewed. The Canton School Board voted to uphold Galloway's decisions, and the Madison County Chancery Court affirmed. For reasons below, we affirm in toto.

I. FACTS AND PROCEDURAL HISTORY

Termination

On February 3, 1989, George Harris, principal for twenty-three years of the Nichols Middle School in Canton, Mississippi, was hand-delivered a letter advising Harris he was dismissed as a certified employee of the Canton Public School District, effective at 5:00 o'clock P.M. on Friday, February 3, 1989. The termination was because of a reported physical assault upon Mrs. Annie Houston, on Wednesday, January 25, 1989, in the City of Jackson and by further threatening to kill Mrs. Annie Houston on Monday, January 30, 1989, while she was at the McNeal Elementary School in her assigned task as a teacher of the second grade.

This letter executed a decision made by Superintendent Galloway earlier that day after a confidential hearing that morning attended by Houston, School Board Attorney John Christopher, and Galloway. At this hearing, Christopher questioned Mrs. Houston about the allegations she made against George Harris to Galloway several days prior.

Pursuant to Miss.Code Ann. Sec. 37-9-59 (Supp.1991), a public hearing was held on February 28, 1989, before the Canton School Board. Mrs. Annie Houston, a second grade teacher at McNeal Elementary School for fourteen years, and teacher in the Canton School system for nineteen years, testified about two incidents she alleged took place between her and Harris.

The first incident occurred on Wednesday, January 25, 1989. Upon returning to her home in Jackson, Houston testified, she saw Harris outside her house. ¹ She asked him not to park behind her car, because she would not be staying long. He asked her how long she would be. When she replied that it "wasn't his business," Harris grabbed her, and threw her against the car, causing bruises.

According to Houston, the second incident occurred on the following Monday, January 30, 1989, when she encountered Harris on her way to work in Canton. Upon returning home at approximately 6:30 a.m. from her mother's house in Charleston, she saw a car she thought belonged to Harris parked in the street near her house; someone was in the car, but she could not see who it was. She did not go into her home. Harris then followed her from Highway 22 to the McNeal school, and as she was walking from her parked car to the school building, he said (from his car) that "he was going to kill (her) before the night was up." When asked if Harris had any reason to threaten her, Houston responded, "none that I know of." Houston said that she then went into the building, and spoke with Mrs. Scott, the principal at McNeil. She told Mrs. Scott she had been threatened, but did not say by whom. Mrs. Scott then asked if it was George Harris, and Houston said that it was. Houston said that she did not want to go see Superintendent Galloway, but that Mrs. Scott insisted. Houston then went to Galloway's office, told him that Harris had threatened her life, and asked for a leave of absence. Shortly after she spoke with Galloway, Harris called her at the school, and said "I need to talk to you."

Alice Scott, the principal of McNeil Elementary, testified in support of Houston's testimony. Dr. Galloway, superintendent of the Canton Public Schools for a year and a half at the time of the hearing, also testified about the events in Houston's testimony as told to him by her and other witnesses. George C. Harris, Sr. testified that he had not seen Houston on January 25, 1989, in Jackson, nor had he assaulted her then, or ever. He denied that he had threatened Houston's life on January 30, 1989, or at any time.

Harris testified that at 6:30 a.m., January 30, 1989, he had been at home with his wife, a Media Specialist in the Canton schools. They drove to work, and after dropping his wife off at Canton Elementary, Harris conferenced with students and parents at his office until about 8:00 a.m. ² He then received a call that some of his students were at the laundromat at the trailer park. He went to investigate, and found the students. He then decided to visit the Stop 'n Go at the intersection of Fulton and Highway 22 for some cough drops. It was then, Harris testified, that he saw Houston.

Harris testified that he saw Houston drive by as he was leaving the Stop 'n Go and noticed a lot of smoke coming from her car. He then followed her to try and stop her to inform her of the potential car problems. According to Harris, his following her and what was said was just a major misunderstanding. He said that he was trying to help and she said that he said that he was going to kill her. On cross-examination, Harris was asked if he had ever been romantically involved with Houston. He refused to answer the question.

The Board voted to uphold Galloway's recommendation to dismiss Harris. In a letter dated March 1, 1989, the chairman of the School Board stated that "the more credible evidence proved" that he had assaulted Houston on January 25, 1989, and that on January 30, 1989, he had threatened Houston on school property during their hours of employment.

On March 20, 1989, Harris filed an appeal in the Madison County Chancery Court pursuant to Miss.Code Ann. Sec. 37-9-113. The Chancellor found that the evidence supported Harris' dismissal, and affirmed the Board's termination.

Non-Renewal

In a letter dated February 16, 1989, Galloway advised Harris that he had not been recommended for reemployment for the 1989-1990 school year. A letter to Harris' counsel dated March 10, 1989, from Board Attorney John Christopher stated six specific reasons for nonreemployment ranging from those involving Houston to lack of managerial control. At a hearing held March 21, 1989, Galloway and other witnesses were questioned concerning these allegations.

A letter dated March 27, 1989, informed Harris that the Board had voted to affirm the superintendent's non-renewal of his contract. The letter stated that the Board felt that the allegations of the attacks on Houston were sufficient cause for non-renewal, given the Board's previous termination for cause. Even disregarding the above, the Board felt the other allegations were substantiated in whole, or in part, and taken apart from the attacks substantiated the non-renewal.

Harris appealed the Board's decision of nonrenewal on April 17, 1989. On October 11, 1990, the Chancellor affirmed the board's decision. The judgments against Harris in his appeals of the termination and non-renewal were rendered final on November 9, 1990.

II. The Law of Termination

Dismissal of certificated school employees is governed by Miss Code Ann. Sec. 37-9-59 (Supp.1992), which provides good cause reasons for dismissal as well as the right to a public hearing. See Hoffman v. Board of Trustees, 567 So.2d 838, 842 (Miss.1990); Merchant v. Pearl Municipal Separate School District, 492 So.2d 959, 963 (Miss.1986). Section 37-9-59 further provides that the hearing procedures for such dismissals are those set out in Miss.Code Ann. Sec. 37-9-111. See Sec. 37-9-59; Merchant, 492 So.2d 959, 961 (Miss.1986).

Miss.Code Ann. Sec. 37-9-111(4) provides for a hearing before the school board (or a hearing officer), at which the employee may "present matters relevant to the reasons given" for the board's decision, present witnesses and other evidence on his own behalf, and cross-examine the witnesses against him. The statute further provides that the school board can base its decision solely on the matters presented before it and notify the employee in writing of its final decision.

Under Miss.Code Ann. Sec. 37-9-113, an employee aggrieved by a final decision of the board may appeal to the chancery court. This statute mandates the chancellor's standard of review as follows:

The scope of review of the chancery court in such cases shall be limited to a review of the record made before the school board ... to determine if the action of the school board is unlawful for the reason that it was:

(a) Not supported by any substantial evidence;

(b) Arbitrary or capricious; or

(c) In violation of some statutory or constitutional right of the employee.

See Harrison County School Board v. Morreale, 538 So.2d 1196, 1201 (Miss.1989). On appeal of the Chancellor's decision, this Court applies the same standard of review. Spradlin v. Board of Trustees of Pascagoula Municipal Separate School District, 515 So.2d 893, 898 (Miss.1987).

We proceed to Harris' first assignment of error:

I. THE CHANCELLOR ERRED IN MAKING A FINDING THAT THERE WAS SUBSTANTIAL AND CREDIBLE EVIDENCE ESTABLISHED IN THE RECORD TO SUPPORT APPELLANT'S DISMISSAL BY THE CANTON SEPARATE MUNICIPAL SCHOOL BOARD.

Houston and Harris gave directly conflicting testimony regarding the alleged assaults. At a board hearing on termination, the burden rests on the superintendent to prove by a preponderance of the evidence adequate grounds for dismissal. Merchant, 492 So.2d 959, 961 (Miss.1986). If there is substantial, credible evidence undergirding the school board's finding of fact, those findings may not be disturbed on appeal. Noxubee County Board of Education v. Givens, 481 So.2d 816, 819 (Miss.198...