Goral v. Illinois State Board of Education

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 130752
Decision Date: 
December 18, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
MASON
Holding: 
Affirmed.
Circuit court affirmed board of Education’s termination of tenured teacher. Hearing officer found that teacher’s postnotice communications with supervisors and Board, and his refusal to attend a fitness-for-duty exam with psychiatrist, were blatant violations of notice to remedy. Mental Health Confidentiality t does not apply to fitness-for-duty exams in which employee’s mental health is evaluated by evaluator retained by District, as evaluator and employee are not in therapeutic relationship within ambit of Act. Teacher was fairly apprised of deficiencies warranting his termination, and cannot claim surprise that his emails sent after receipt of notice of remedy were addressed at administrative hearing. Refusal to attend fitness-for-duty exam was insubordination and was alone sufficient for termination. (HYMAN and NEVILLE, concurring.) GORAL