ROGELYNN EMORY v. MEMPHIS CITY SCHOOLS BOARD OF EDUCATION, NOW KNOWN AS SHELBY COUNTY BOARD OF EDUCATION - Articles

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Posted by: Tanja Trezise on Apr 30, 2015

Court: TN Court of Appeals

Attorneys 1:

Mark Antonio Allen, Memphis, Tennessee, for the appellant, Rogelynn Sue Emory.

Attorneys 2:

Sally Foster Barron and Jeff Weintraub, Memphis, Tennessee, for the appellee, Shelby County Board of Education.

Judge(s): GIBSON

This is an appeal by a tenured teacher seeking relief for the school board?s failure to comply with the procedures set forth in the Tennessee Teacher Tenure Act for her termination. After receiving notice of charges pending against her, the teacher demanded a hearing before the school board. Pursuant to the Tenure Act, the school board was required to conduct a hearing on the charges within thirty days of the teacher?s demand. The school board failed to do so. The trial court held that because the delay did not affect the outcome of the hearing, the school board?s failure to comply with the Tenure Act was harmless and the teacher was not entitled to relief. On appeal, we conclude that Ms. Emory is entitled to an award of back pay for the number of days over thirty that she was suspended without pay and without a hearing following her demand for a hearing. We therefore reverse the judgment of the trial court and remand the case for a calculation of the proper amount of damages to which the teacher is entitled.

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