Shuck v. Board of Education

Citations

• 92 Ohio St. (N.S.) 55

Syllabus

<p>Board of education — Dismissal of teacher — Written charges — Immorality and improper conduct — Section 7701, General Code— Damages — Section 7708, General Code — Frivolous or insufficient reason for dismissal — Question for jury, when.</p> <p>1. The amendment to Section. 7701, General Code (97 O, L., 334), providing that a teacher shall not he dismissed by a board of education unless the charges are first reduced to writing and an opportunity given him for defense, does not enlarge or extend the provisions of Section 7708 which confer upon a teacher, who is dismissed for a frivolous or insufficient reason, the right to bring suit against the school district, nor does the amendment give to the teacher an additional ground upon which to base his action.</p> <p>2. Under Section 7708, in an action by a teacher who has been dismissed upon the charge of immorality and improper conduct, it is for the jury to determine from all the facts and circumstances in the case whether or not the conduct of the'teacher was such as to constitute a good and sufficient reason for his dismissal by the board of education.</p>