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• W118021708 abstract "RICHARD Douglas was an assistant principal for the Cincinnati Board of Education. He had earned tenure as an English teacher in 1974 and had received his administrative appointment in 1977. During the 1985-86 and 1986-87 school years, he worked at Schwab Middle School. His responsibilities included maintaining discipline and handling students. During his second year at the school, a few of these difficult students, all female and all previously disciplined by Douglas, told a guidance counselor that he had engaged in inappropriate behavior toward them. After conducting an investigation in which the number of accusing students grew to seven, the school board notified Douglas that it had scheduled a meeting to consider whether to move to terminate him for immorality and other just cause, based on the students' allegations. On 29 March 1989 Douglas and his attorney attended the board meeting and had an opportunity to respond to the charges. The next day, the board notified him of its intent to go ahead with termination proceedings. Douglas requested a hearing on the proposed termination. During six nonconsecutive days in May, June, and July of 1989, a jointly selected referee, attorney Richard Holzer, conducted the hearing. Douglas and the district were each represented by counsel. The guidance counselor and the principal testified that they had observed Douglas touching and hugging students in a physically intimate manner and that parents had registered complaints about his conduct. Six of the giris testified that he had given them boyfriend-type hugs. Co-workers and character witnesses said they had never seen him engage in such actions. On 22 August 1989 the referee submitted a termination recommendation to the board, basing his decision on findings that Douglas had committed various inappropriate acts with female students, including: * touching, holding, and hugging in a physically intimate manner; * using and/or permitting the use of alcohol or marijuana on school premises; * swearing and making lewd remarks; * kissing students or being kissed by them; * closeting and/or being closeted with a female student; and * intercourse with one student. While acknowledging the accusing students' reputation for lack of veracity, Holzer concluded that the corroborative testimony and other circumstantial evidence were sufficient to meet not only the applicable standard of preponderant proof but also the higher standard of proof beyond a reasonable doubt. On 28 August 1989 the board voted to terminate Douglas' contracts of employment as a teacher and as an assistant principal. Douglas appealed the board's decision to the county court of common pleas, seeking 1) reinstatement without loss of pay, seniority, and other benefits and 2) compensatory and punitive damages for severe emotional distress. In the exercise of its discretion under the applicable statute, the trial court permitted Douglas to supplement the transcript of the referee's hearing with the testimony of four witnesses: the Cincinnati police resource officer for Schwab Middle School, the principal of the school during the relevant period, a visiting teacher who worked closely with at-risk students, and Douglas himself. On 5 February 1991 the trial court ruled that the board's termination action was against the manifest weight of the evidence and ordered the board to reinstate Douglas to a substantially equivalent position. The board sought review by the Ohio Court of Appeals, which is the intermediate level between the state trial and supreme courts, claiming that the lower court had improperly substituted its findings for those of the referee. Douglas cross-appealed, claiming that the trial court had denied him an opportunity to litigate his claim of emotional damage against the board. On 20 May 1992 the three-judge court of appeals unanimously affirmed the lower court's decision. …" @default.
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• W118021708 date "1993-12-01" @default.
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• W118021708 title "Abuse of Students or by Students" @default.
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