Supreme Court Rules Memphis School Board Owes Teacher Back Pay For Improper Termination

Friday, December 21, 2012

In a unanimous opinion, the Tennessee Supreme Court reversed the Court of Appeals and reinstated the trial court’s judgment awarding a Memphis teacher back pay and damages after the board failed to comply with the Teacher Tenure Act when it dismissed her.

Saundra Thompson, a tenured teacher in the Memphis City Schools, was terminated by the school board in April 2007 for failing to return to work after taking extended sick time. The board did not provide written charges or an opportunity for a hearing prior to the termination.

Ms. Thompson filed suit alleging violation of the Tenure Act and right to due process guaranteed by the Fourteenth Amendment to the United State Constitution. She was granted summary judgment and awarded reinstatement, back pay, damages and legal fees of $325,419. On appeal by the school board, the Court of Appeals remanded the case after it determined a factual dispute existed as to whether Ms. Thompson requested more sick leave prior to her termination, or whether she forfeited her tenure by making no such request.

The Supreme Court, in its holding Friday, reverses the Court of Appeals decision and affirms the trial court’s summary judgment, determining that, although a tenured teacher’s failure to return from sick leave may constitute cause for termination, there is no statute authorizing a board of education to deem it a constructive resignation or a forfeiture of tenure. The Court notes that by dismissing Ms. Thompson without providing her with written charges or an opportunity for a hearing, the defendant board of education violated her rights under the Tennessee Teacher Tenure Act and her constitutional right to due process of law.

To read the Saundra Thompson v. Memphis City Schools Board of Education opinion, authored by Justice Cornelia A. Clark, visit the opinions sections of TNCourts.gov.


Cleveland City Schools Present This Week's Calendar

Yates Primary School celebrates  Dr. Seuss Week . In honor of Dr. Seuss' birthday, classes will invite reading guests and each day will have special activities. For more information  click here .    Monday  - I Am Not Going to Get Up Today! Tuesday  - The Cat in the Hat Wednesday  - Wacky  Wednesday ... (click for more)

First Deep Space Images Received From Dalton State's New Observatory

A pproximately 1,300 light years away from earth is a bright star-forming region. The cloud of gas is a hub of activity that astronomers study to learn more about how stars form. Found in the Orion constellation and visible to the naked eye, the Orion Nebula is one of the brightest nebulas in the night sky. Dalton State has begun collecting images of this nebula through ... (click for more)

Car Crosses Center Line And Grazes Bradley School Bus; 3 Students Taken To Hospital For Observation

A car came across the center line and grazed the right side bumper of a school bus in Bradley County on Monday afternoon. Three students were taken to the hospital for observation. School officials said Bradley County School bus #48 was involved in the accident on Old Chattanooga Pike and Black Fox Road. Students were assessed and three were taken to the hospital ... (click for more)

NASA Employee Gets 10-Year Federal Prison Term After Being Caught In Child Sex Sting In Chattanooga; De Matties Placed Ad Looking For "Petite Young Teenage Slut"

Thomas de Matteis, 54, of Hazel Green, Ala., was sentenced on Monday by Federal Judge Sandy Mattice to serve 10 years in federal prison for coercing or enticing a minor to engage in sexual activity. Matteis entered a guilty plea to the charge in November 2016.   At the time of his offenses, Matteis was employed by NASA in Alabama.  An investigation started by ... (click for more)

Embrace America - And Response (2)

Okay, Hollywierd we get it. The world of entertainment and cinema arts do not support President Trump. But for all their derisive and divisive speech, truth remains. People who support conservative values do not hate children, we do not hate immigrants, we do not hate other races and ethnicities although that is all you trumpet at every opportunity.  What we do support ... (click for more)

Roy Exum: Way 'Over The Line'

Every day last week a Chattanooga woman sent me a press release for a “Recess Week of Action,” which was the greatest example of “an exercise in futility” that I can recall in recent years. I absolutely refuse to attend, write, or publicize such a group of admittedly-questionable political agitators. Please, I have never seen anything like this! Sometime soon, I suspect, the truth ... (click for more)