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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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The first incident occurred in a classroom where a fire broke out. The fire was not<br />

extensive and quickly contained. No injuries were incurred. The next incident arose when the<br />

teacher whose room had caught fire and the State Department members were walking across<br />

campus. The teacher and State Department members were shot with either a pellet or BB gun.<br />

They could not determine where the shots originated. The final incident occurred at the Black<br />

History Month program, a fight broke out among students. At the conclusion of the school day,<br />

Simpson left on personal leave to be with his brother in Kentucky during a surgical procedure.<br />

Each of the identified incidents was not reported to the district superintendent until the following<br />

week nor were the proper authorities contacted (police, etc.).<br />

On March 2, Simpson spoke with Holmes County Superintendent, Stephen Bailey, about<br />

the incidents for the first time. On March 3, Simpson was terminated from his contract for failure<br />

to maintain order; ensure safety for faculty, staff, and students; maintain instructional integrity;<br />

and failure to comply with board policy and law that requires the expeditious reporting of<br />

incidents of this nature. Simpson was provided a hearing with a hearing officer on April 19. The<br />

District determined that that Simpson’s termination was proper and not adversarial. Simpson<br />

appealed to the Chancery Court where it affirmed the district’s determination. This appeal<br />

followed.<br />

Issues: (1) Was there substantial evidence to warrant Simpson’s termination? (2) Did the<br />

district violate Simpson’s constitutional right to due process?<br />

Holding: The court held that the district presented sufficient evidence to support<br />

Simpson’s termination and that all measures of due process were met.<br />

Reasoning: The court reasoned, like the district, that there was sufficient evidence in<br />

regard to each incident to establish that Simpson’s termination was warranted. As to the fire,<br />

234

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