Lewis v. East Feliciana Parish School Bd.

• Decision Date: 26 June 1984
• Docket Number: No. 83,83
• Parties: Prince LEWIS v. EAST FELICIANA PARISH SCHOOL BOARD. CA 0949. 452 So.2d 1275, 18 Ed. Law Rep. 1086
• Court: Court of Appeal of Louisiana — District of US

Page 1275

452 So.2d 1275

Prince LEWIS v. EAST FELICIANA PARISH SCHOOL BOARD.

No. 83 CA 0949.

452 So.2d 1275, 18 Ed. Law Rep. 1086

Court of Appeal of Louisiana First Circuit.

June 26, 1984.

J. Arthur Smith, III, Baton Rouge, for plaintiff-appellant.

John F. Ward, Jr. and Robert L. Hammonds, Baton Rouge, for defendant-appellee.

Before COVINGTON, COLE and SAVOIE, JJ.

COVINGTON, Judge.

This matter comes before this Court on a second appeal from the judgment of the trial court in favor of the defendant, East Feliciana Parish School Board, upholding the decision, after hearing, of the School Board to dismiss plaintiff, Prince Lewis, from his position as a tenured teacher.

When this matter first came before this Court, ¹ we upheld the trial court's refusal to give the plaintiff a trial de novo on his appeal to the district court from the adverse decision of the school board, but we found the trial court in error in its refusal to permit the plaintiff to present additional evidence. Accordingly, this Court set aside the judgment and remanded the case to the trial court so that the plaintiff might introduce such additional evidence as he wanted to introduce, with the school board being given an opportunity to negate or rebut the additional evidence presented by the plaintiff. We cautioned that the plaintiff's right to offer additional evidence was not unrestricted, and that the plaintiff was not permitted to duplicate the testimony which had already been heard by the school board. We instructed the trial judge that, after hearing the "additional evidence," he should then decide the case using the standard of review set forth in Howell v. Winn Parish School Board, 332 So.2d 822, 824 (La.1976), as follows:

Despite this provision for a full hearing before the district court, the standard of judicial review of a school board's action is still whether there is a rational basis for the board's determination supported by substantial evidence insofar as factually required. In such cases, the reviewing court must neither substitute its judgment for the judgment of the school board nor interfere with the board's bona fide exercise of discretion. Lewing v. De Soto Parish School Board, supra [238 La. 43, 113 So.2d 462]; State ex rel. Rathe v. Jefferson Parish School Board, 206 La. 317, 19 So.2d 153 (1944); Simon v. Jefferson Davis Parish School Board, 289 So.2d 511 (La.App. 3d Cir.), writ denied 293 So.2d 178 (La.1974); Jennings v. Caddo Parish School Board, 276 So.2d 386 (La.App. 2d Cir.1973). Thus in the instant case, this Court will limit its inquiry to a determination of whether the action of the school board was (1) in accordance with the authority and formalities of the Louisiana Teachers Tenure Act, and (2) supported by substantial evidence, or conversely, an arbitrary decision and thus an abuse of discretion. Lewing v. De Soto Parish School Board, supra; Celestine v. Lafayette Parish School Board, 284 So.2d 650 (La.App. 3d Cir.173); Moffett v. Calcasieu Parish School Board, 179 So.2d 537 (La.App. 3d Cir.1965).

After the matter was remanded to the trial court, the plaintiff moved to remand the case to the school board for it to hear additional evidence on his behalf. This motion was properly denied. The matter was then taken up by the trial court. The additional evidence presented by the plaintiff consisted of the testimony and evidence of a polygraph examination and two psychologists. The former attorney for the plaintiff testified in proffer, and the defendant presented a polygraph expert.

The trial court, after considering the totality of the evidence, concluded that the decision of the school board to dismiss this tenured teacher was supported by substantial evidence. The court found that the board's decision was neither capricious or arbitrary nor an abuse of discretion. Mr. Lewis was given a "full hearing" to review the action of the school board.

In our previous decision, we ruled that the action of the school board was in accordance with the authority and formalities of the Louisiana Teachers Tenure Act, LSA-R.S. 17:443; that Mr. Lewis was accorded the procedural safeguards contained in the statute and that he was not denied due process of law in his hearing before the school board. 372 So.2d at 652. We will not reconsider that ruling.

We now address the basic issue presented in this appeal, whether the trial court erred in its conclusion that the decision of the school board was supported by substantial evidence, and the decision was not arbitrary, capricious or abuse of discretion.

The record of the hearing before the school board, and the transcript of the testimony and evidence presented to the trial court, including the "additional evidence," reveal the following:

Prince Lewis, the appellant herein, was a fifth grade teacher at Clinton Lower Elementary School. On February 20, 1976, one of his students, who is named in the proceedings but will not be named in this opinion, needed to take a make-up test. Mr. Lewis had her sit in the hall outside the presence of the other students to take the test. While taking the test, the student (who was 11 years old) was approached by her teacher. It was later revealed that Mr. Lewis placed his hand extremely high up on the inner part of her upper thigh and made a rubbing movement. The child, very upset, ran to the school office and reported the incident. Her condition was described as tearful, almost hysterical.

An investigation into the matter was promptly made. During the course of the investigation, James Soileau, the school superintendent, received complaints from the parents of other young female students, in the 10 and 11 year age group, who were in the fifth grade class taught by Mr. Lewis. In each complaint, Mr. Lewis was accused of having placed his hands on or very near the private parts of the body of the particular child.

The investigation led to a tenure hearing to determine the truth or falsity of the charges made against the teacher. At the hearing, each of the young female students testified specifically as to exactly where and when the plaintiff committed the particular act of misconduct with which he was charged. Counsel for the plaintiff cross examined the children about the incidents. In addition, the mother of each child testified that her daughter had related the misconduct of Mr. Lewis, either on the day of the occurrence of the incident or shortly thereafter. The testimony indicated that the little girls were ashamed, embarrassed or scared, at first, to tell their mothers of the acts of the plaintiff.

Superintendent Soileau also testified at the tenure hearing, to the charges having been made against the teacher, Prince Lewis, and of having made an investigation into the matter. Wendell H. Hall, Superintendent of Schools for West Feliciana for many years, qualified as an expert in the field of education and school system administration, and testified that the misconduct of a male teacher toward young female students, such as that alleged to have been committed by Mr. Lewis, would, if true and established, constitute wilful neglect of duty as a teacher and adversely affect the teacher's competency in the classroom.

At the tenure hearing, Mr. Lewis denied the charges made. He also offered several character witnesses in his behalf. Plaintiff's offer to present the testimony by deposition of a child psychologist (which had not then been taken) was not allowed. The record shows that near the end of the lengthy hearing, counsel for plaintiff requested a continuance for the stated purpose of allowing him to retain and depose a child psychologist. The continuance was refused. At the conclusion of the evidence, the school board found Mr. Lewis guilty of the charges made, and ordered his dismissal from his position as a tenured...