Congratulations to the Lewis Thomason appellate team of Janet Hayes and Chris McCarty on another win before the Tennessee Court of Appeals. In this matter, a tenured teacher appealed his dismissal for unprofessional conduct and insubordination, contending the decision of the local Board of Education lacked sufficient evidentiary support, was arbitrary and capricious, and was in violation of his constitutional and statutory rights. The teacher initially appealed his dismissal to the trial court, which affirmed the Board of Education’s decision. The Court of Appeals found the teacher received pre-termination notice of the charges and the evidence against him, and that the Board of Education complied with the procedural framework found within the Tenure Act (Tenn. Code Ann. § 49-5-501, et seq.). The Court of Appeals further concluded the teacher failed to establish that the Board’s decision was arbitrary or in violation of statutory or constitutional rights.
