School Board terminated tenured teacher who coached girls' track team, after members of team alleged that he made sexual and other inappropriate comments to them and touched them on their buttocks, and caused them emotional distress. Plaintiff engaged in a variety of inappropriate verbal and physical conduct over 2 years that constituted sexual harassment under Board policy sufficient to form basis of a finding of immoral conduct warranting dismissal for cause under the School Code. Board correctly determined that his behavior causing harm to students, faculty, and school could not have been corrected with a warning. Board approved a motion which contained sufficiently specific charges against Plaintiff as to his inappropriate verbal and physical contact of a sexual nature. Section 24-12 of School Code does not require strict compliance as to the 5-day rule for delivery of a bill of particulars. There was only a 1-day delay in mailing, and there was no prejudice to Plaintiff, where he subsequently had a hearing before hearing officer and was represented by counsel. (HUTCHINSON and SCHOSTOK, concurring.)
Illinois Appellate Court
Civil Court
School Code