Lewis v. East Feliciana Parish School Bd.

• Decision Date: 29 May 1979
• Docket Number: No. 12652,12652
• Citation: 372 So.2d 649
• Parties: Prince LEWIS v. EAST FELICIANA PARISH SCHOOL BOARD.
• Court: Court of Appeal of Louisiana — District of US

Page 649

372 So.2d 649

Prince LEWIS v. EAST FELICIANA PARISH SCHOOL BOARD.

No. 12652.

Court of Appeal of Louisiana, First Circuit.

May 29, 1979.

Rehearing Denied July 16, 1979.

George R. Covert, Baton Rouge, for plaintiff-appellant.

John F. Ward, Jr., Baton Rouge, for defendant-appellee.

Before ELLIS, LOTTINGER and BAILES, JJ.

ELLIS, Judge:

Plaintiff, Prince Lewis, was dismissed from his position as a tenured teacher by the East Feliciana Parish School Board on September 20, 1976, following a full hearing. He appealed his dismissal to the 20th Judicial District Court, alleging that he was refused the right to investigate the charges against him; that he was prevented from presenting evidence at the hearing; and that the findings of the School Board were clearly erroneous. Mr. Lewis prayed that a full hearing be held in the district court, and that he be reinstated.

In its answer, the School Board suggested that the trial court decide the matter on the record of the hearing held before it. Mr. Lewis then moved for a trial De novo before the district court.

The trial judge found that plaintiff was not entitled to a trial De novo, and based his judgment on his review of the record of the hearing before the School Board. He further found that all constitutional safeguards had been observed, and that the action of the School Board was neither arbitrary nor an abuse of its discretion.

Plaintiff has appealed, alleging that the trial court abused its discretion in not permitting him to present additional evidence at the hearing before it, and that he was denied his right to due process of law in the hearing before the School Board.

The alleged denial of due process has three bases. First, plaintiff contends that he was not given proper notice of the charges against him. Second, he complains that he was not permitted to take the depositions of the complaining witnesses against him. Third, he alleges that he was refused a continuance during the hearing.

R.S. 17:443 provides as follows:

"A. A permanent teacher shall not be removed from office except upon written and signed charges of wilful neglect of duty, or incompetency or dishonesty, or of being a member of or of contributing to any group, organization, movement or corporation that is by law or injunction prohibited from operating in the State of Louisiana, and then only if found guilty after a hearing by the school board of the parish or city, as the case may be, which hearing may be private or public, at the option of the teacher. At least fifteen days in advance of the date of the hearing, the school board shall furnish the teacher with a copy of the written charges. The teacher shall have the right to appear before the board with witnesses in his behalf and with counsel of his selection, all of whom shall be heard by the board at the said hearing. Nothing herein contained shall impair the right of appeal to a court of competent jurisdiction.

"B. If a permanent teacher is found guilty by a school board, after due and legal hearing as provided herein, on charges of wilful neglect of duty, or of incompetency, or dishonesty, or of being a member of or of contributing to any group, organization, movement or corporation that is by law or injunction prohibited from operating in the State of Louisiana, and ordered removed from office, or disciplined by the board, the teacher may, not more than one year from the date of the said finding, petition a court of competent jurisdiction for a full hearing to review the action of the school board, and the court shall have jurisdiction to affirm or reverse the action of the school board in the matter. If the finding of the school board is reversed by the court and the teacher is ordered reinstated and restored to duty, the teacher shall be entitled to full pay for any loss of time or salary he or she may have sustained by reason of the action of the said school board."

In disposing of the above contentions relative to due process, the trial judge said:

"It is apparent from the record that the procedural safeguards contained in the statute were observed. Mr. Lewis was notified, in writing, of the charges against him and of the names of the complainants on August 12, 1976. The hearing, originally scheduled for August 31, 1976, was continued at the request of Mr. Lewis' counsel, until September 28. Teachers who were requested as witnesses were made available. Therefore, the fifteen (15) day notice requirement contained in the statute was certainly met, and Mr. Lewis' witnesses were able to be present at approximately 10 hour hearing. Furthermore, Mr. Lewis was represented at the hearing by counsel and was allowed to cross examine the witnesses in his behalf. Furthermore, as previously mentioned, the board granted Mr. Lewis a continuance of thirty (30) days, so that...