15.08.2013 Views

ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

would have expressly done so. To infer that the statute allows such an exemption is contrary to<br />

the court’s view. The statute must be read and understood at its most explicit definition.<br />

Furthermore, Hinckley’s argument that the district should have realigned based on her<br />

administrative certification was foolish. Basic tenure requirements mandate the district realign<br />

positions during reductions in force not recodify the requirements of each position. Therefore,<br />

without K-12 principal certification, Hinckley was not entitled to bumping privileges of either<br />

administrator.<br />

Ga. App.).<br />

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

Citation: Oliver v. Lee County School District, 270 Ga. App. 61; 606 S.E.2d 88, (2004<br />

Key Facts: Gregory Oliver was assigned to be the principal of Lee County High School<br />

in 2000. His contract was for 3 years. Shortly into his first year of service, Oliver was notified by<br />

the superintendent that he was recommending to the board that Oliver’s contract be terminated<br />

immediately for false representation on his resume´. The next board meeting was set for October<br />

17, 2000, but Oliver was granted a continuance until October 26, 2000.<br />

At the October 26 meeting, Oliver requested yet another continuance because his attorney<br />

was not able to be present for the meeting. The board denied the request and terminated his<br />

contract. Oliver appealed to the state board of education, which reversed the local board’s<br />

decision. On appeal, the Superior Court of Lee County affirmed the state board’s decision but<br />

remanded back to the local board to properly conduct the hearing so that Oliver’s attorney could<br />

be present. Oliver and the board never conducted that hearing; after agreeing to terms that<br />

nothing in their “stipulation” would be used in current or future litigation, Oliver resigned.<br />

199

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!