ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

without him, but the court supported the board fully on the grounds that the safety of children
outweighed Daury’s right to privacy because it related to his school ordered visits to psychiatric
help in order to maintain his job.
Hudson was found by another teacher straddling and choking a student who was known
to be a particular problem student. In Hudson v. Wellston School District (1990 Mo. App.), the
school board deemed that Hudson had violated the school’s corporal punishment policy and
terminated his employment immediately. Hudson won the instant case, but the school eventually
won on an error by the circuit court and Hudson’s claims of tenure were proven incorrect.
Clearly, physical contact with students leads to employment actions. However, as was
evidenced by Pryor, litigation can favor the administrator in such cases if the circumstances can
be reasonably understood. However, the type of contact exhibited by Daury and Hudson was
inexcusable and damning for their cases.
Outlandish behaviors--sexual harassment and malfeasance. The largest vein of cases, 8
of the 18 that were assimilated under outlandish behaviors, all dealt with sexual impropriety of
some sort. Three cases were categorized as sexual malfeasance.
Table 39
Outlandish Behaviors--Sexual Malfeasance
Case Year State Action PP
Rabon v. Bryan County Bd. of Educ. 1985 GA T S
Castillo v. Hobbs Municipal School Bd. 2009 NM NR S
Herbert v. City of New York 2010 NY D SPLIT
355