ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Key Facts: James F. Crossland was terminated from the principal position at Cecilia
Snyder Middle School on the grounds of incompetency and persistent negligence. Crossland was
cited by the board for failure to submit teaching schedules, purchase orders, book orders, and
other time-sensitive materials in proper fashion.
Issues: (1) Was Crossland incompetent to serve as principal? (2) Did Crossland’s
behaviors constitute persistent negligence? (3) Was the evaluation instrument used to rate
Crossland approved by the state? (4) Did Crossland receive a full and unbiased hearing?
Holding: The court held that the Secretary of Education properly reviewed and
considered all evidence and at no time violated Crossland’s constitutional rights.
Reasoning: Over 11 days of hearings, the school board was presented with no less than
24 infractions or derelictions of duty that ranged from failure to comply to gross tardiness in
assignment completion. However, as the court noted, persistence can be maintained after 1
month of behaviors. Crossland’s behaviors carried over years, despite numerous warnings and
his failures to correct the issues could only lead to his incompetence being the barrier in
resolving the matter. Next, Crossland argued that he was evaluated on a form that was not
approved by the state of Pennsylvania according to Public School Code of 1949, 24 P.S. § 11-
1123. However, the form that Crossland suggested was inappropriate was deemed valid in
Gabriel v. Trinity Area School District (22 Pa. Commonwealth Ct. 620, 350 A.2d 203).
Finally, Crossland argued that the evidence was not given impartial and/or unbiased
consideration because the board deliberated for just longer than one hour. The court found this
assertion ill-founded when one considers that the board spent 11 days reviewing the evidence.
Disposition: The Secretary of Education’s ruling was affirmed.
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