Schwartz, Steinsapir, Dohrmann & Sommers

SSDS Wins Immediate Reversal of Suspensions in Two Teacher Dismissal Cases

On August 16, 2016, SSDS won two separate motions before the Office of Administrative Hearings to reverse the unpaid suspensions of permanent teachers. In one case, the Glendora Unified School District accused a teacher of committing testing and grading irregularities. In the second case, the Compton Unified School District accused a teacher of excessive absenteeism.

In both cases, SSDS successfully argued that in order to justify an unpaid suspension pending the teacher’s dismissal hearing, the school district had to allege specific facts which, if proven, would demonstrate willful insubordination by the teacher, rather than mere negligence or incompetence. SSDS also argued that the OAH should disregard the school districts’ conclusory allegations and consider only well-pleaded facts in determining whether the school districts had met the requirements for suspending the teachers without pay.