Can A Tenured Teacher Be Fired For Lack of Supervision in Alabama?
Full Question:
If a teacher is caught not in his classroom but in his office which has no view of the classroom, and is not overseeing his students, and said students sexually assaulted 2 girls and as result police charge 4 boys in the matter. Plus, in a second class the same teacher is in his office not classroom and is aware that a strip card game is going on in the unattended classroom but only cares that the students involved are clothed. Can said teacher be fired per Alabama state tenure law?
Why, if so, is the teacher protected. Children were sexually attacked as a result of his neglect to supervise his class. I would also like to know what rights a student has against bullying by teachers and fellow students.
07/01/2009 |
Category: Education |
State: Alabama |
#17290
Answer:
Yes, it is possible for a teacher in Alabama to be terminated for failure to supervise students as a neglect of duty. Alabama doesn't have a statute addressing bullying. Bullying would be a matter of the code of conduct of each school. I suggest contacting the local board of education for a copy of the school's code of conduct.
Please see the following AL statutes to determine applicability:
§ 16-24-8. Cancellation of contracts — Grounds.
Cancellation of an employment contract with a teacher on
continuing service status may be made for incompetency,
insubordination, neglect of duty, immorality, failure to perform
duties in a satisfactory manner, justifiable decrease in the
number of teaching positions or other good and just cause, but
cancellation may not be made for political or personal reasons.
§ 16-24-9. Cancellation of contracts — Procedure;
notice.
(a) An employment contract with a teacher on continuing
service status may be cancelled only in the following
manner: The superintendent shall give written notice to the
employing board and the teacher of the superintendent's
intention to recommend a cancellation as provided in
Section 16-24-8. Such notice shall state the reasons for the
proposed cancellation, shall contain a short and plain
statement of the facts showing that the cancellation is
taken for one or more of the reasons listed in
Section 16-24-8, and shall state the time and place for the
board's meeting on the proposed cancellation, which meeting
shall be held no less than 20 days and no more than 30 days
after the receipt of such notice by the teacher. The notice
shall inform the teacher that in order to request a
conference with the board, the teacher shall file a written
request with the superintendent within 15 days after the
receipt of such notice. At such conference, which shall be
public or private at the discretion of the teacher, the
teacher, or his or her representative, shall be afforded the
opportunity to speak to the board on matters relevant to
such cancellation. The teacher shall have the right to
counsel and to have a court reporter record his or her
statement, both at the expense of the teacher. Thereafter,
the board shall determine whether such cancellation shall be
effectuated.
(b) Regardless of whether or not the employee elects to have
a conference with the employing board, if the board votes to
cancel the teacher's contract, the superintendent shall give
notice to the teacher of the board's action by providing
notice by personal service, by United States Postal Service
registered or certified mail with postage paid thereon to
the teacher's last known address, or by private mail carrier
for overnight delivery, signature required, with postage
paid thereon to the teacher's last known address within
10 days of the board's action. Such notice shall be in writing
and shall inform the teacher of the right to contest the
board's decision by filing with the superintendent a written
notice of contest of the action within 15 days of the
receipt of the notice. Such contest shall be taken by filing
a written notice of contest with the superintendent
within 15 days after receipt of the notice of the decision
of the employing board. If the contest is not timely taken,
the board's decision shall be final. No cancellation shall
be effected until the time for filing notice of contest has
expired and, if notice of contest is filed, not until the
hearing officer has issued an opinion.
§ 16-24-10. Cancellation of contracts — Hearing
officer; hearing; appeal.
(a) If notice of contest is filed pursuant to
Section 16-24-9, the hearing officer shall be selected as
provided in subsection (b) of Section 16-24-20. Upon
selection, the hearing officer shall immediately cause
notice to be given to the parties of the date and time for a
hearing, which date shall be no less than 30 days and no
more than 60 days following the appointment of the hearing
officer. The parties shall agree as to the location of the
hearing and, if the parties are unable to agree, the hearing
officer shall determine the location within the jurisdiction
of the employing board. No less than 30 days before such
date, the parties shall submit to the hearing officer, with
a copy to the opposing party, documents supportive of, or in
contravention to, the action, as well as a list of witnesses
to be called at such hearing. The witness list and
documentary submissions may be amended at any time prior to
five days before such hearing. The State Department of
Education shall bear the expense of having a court reporter
present at such hearing. The hearing officer shall have
power to administer oaths, and issue subpoenas to compel the
attendance of witnesses and production of papers necessary
as evidence and/or information in connection with the
dispute or claim. If requested, the hearing officer shall
issue subpoenas for witnesses to testify at the hearing,
under oath, either in support of the charges or on behalf of
the teacher. In case a person refuses to obey such subpoena,
the board, or its authorized representative, may invoke the
aid of the circuit court in order that the testimony,
evidence, or information be produced. Upon proper showing,
such court shall issue a subpoena or order requiring such
person to appear before the board or its representative and
produce evidence and/or information and give testimony
relating to the matter at issue. The hearing officer shall
conduct a de novo hearing and shall render a decision based
on the evidence and/or information submitted to the hearing
officer. The hearing officer shall determine which of the
following actions should be taken relative to the employee:
Cancellation of the employment contract, a suspension of the
employee, with or without pay, a reprimand, other
disciplinary action, or no action against the employee. The
hearing officer shall render a written decision, with
findings of fact and conclusions of law, within 30 days
after its hearing. Expenses of the hearing officer shall be
paid by the State Department of Education.
(b) All appeals of a final decision of the hearing officer
shall lie with the Alabama Court of Civil Appeals. An appeal
by either party shall be perfected by filing a written
notice of appeal with the Clerk of the Court of Civil
Appeals within 21 days after the receipt of the final
written decision of the hearing officer. Failure to file a
timely notice of appeal shall render the decision of the
hearing officer final, in which case the employing board
shall take possession of the record of the hearing and shall
maintain such record for a period of three years. The Court
of Civil Appeals shall have discretion to refuse to hear
appeals of final decisions of a hearing officer pursuant to
this article. Review by the Court of Civil Appeals pursuant
to this article is not a matter of right, but of judicial
discretion, and an appeal may be granted only when the court
determines there are special and important reasons for
granting the appeal. Within 30 days after an appeal is
granted, the hearing officer shall transmit the record to
the clerk, with the appealing party bearing the costs
associated with the preparation and transmission of the
record and transcript of the hearing. The decision of the
hearing officer shall be affirmed on appeal unless the Court
of Civil Appeals finds the decision arbitrary and
capricious, in which case the court may order that the
parties conduct another hearing consistent with the
procedures of this article.
