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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Teachers move to principalships where the definite contract exists. The two are symbiotic.<br />

Without the indefinite contract, the foundation for the definite was removed.<br />

Next, Chambers argued that he was never made aware that his definite contract was being<br />

terminated. The court reasoned that any employee made aware of his/her possible indefinite<br />

contract termination would reasonably assume that their current job was at risk. Chambers<br />

further argued that he was never made aware of the charges against him. This point was true, but<br />

only because he did not request them as was required by IND. CODE 20-6.1-4-11(a)(2).<br />

Moreover, Chambers never appeared at any of the hearings he requested where he would have<br />

received written notice of the charges. In short, the board was not at fault for Chambers’ failures<br />

in following the protocol for redress.<br />

Finally, Chambers argued that the board mistakenly applied IND. CODE 20-6.1-4-11 in<br />

terminating his definite contract. The court quickly put this to rest as the written contract that<br />

Chambers signed for his definite contract specifically referenced IND. CODE 20-6.1-4-11 on<br />

numerous occasions in the contract.<br />

Tenn.).<br />

Disposition: The trial court’s decision was affirmed.<br />

Citation: Cooper v. Williamson County Board of Education, 746 S.W.2d 176, (1987<br />

Key Facts: Freeman Cooper was appointed principal of Fairview High School in 1984 by<br />

judgment of the Federal District Court for the Middle District of Tennessee. After 2 years,<br />

Cooper’s performance waned to the point where on February 7, 1986, Superintendent of Schools<br />

Kenneth L. Fleming brought charges before the board, which voted to dismiss Fleming.<br />

One month later, Cooper filed for judicial review. His review was heard on November 5,<br />

1986, in Chancery Court. The Chancellor stated that he intended to use the court transcripts as<br />

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