Summary
In Jenkyns v. Board of Education, 111 U.S.App.D.C. 64, 294 F.2d 260 (1961), it was held that a school principal could be dismissed for conduct against morality, even though he had been tried for such offense and found not guilty. There the Court said that the plaintiff must show that the board acted capriciously in the dismissal.
Summary of this case from James v. West Virginia Board of RegentsOpinion
No. 16219.
Argued June 9, 1961.
Decided July 6, 1961.
Mr. Henry Lincoln Johnson, Jr., Washington, D.C., for appellant.
Mr. John R. Hess, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corporation Counsel, Milton D. Korman, Principal Asst. Corporation Counsel, and Hubert B. Pair, Asst. Corporation Counsel, were on the brief, for appellees.
Before BAZELON, FAHY and BURGER, Circuit Judges.
Appellant was employed as a principal at a junior high school in the District of Columbia. He was dismissed by the Board of Education, after hearing on charges of conduct against "morality and good order," pursuant to Chapter X, § 1 of the Rules for the Public Schools of the District of Columbia. He sued to set aside the Board's order. The District Court granted summary judgment for the Board, and this appeal followed.
It is not shown that any procedural requirements were violated. And we cannot say that the Board's action was arbitrary and capricious even though we might have reached a different result. Although the conduct involved herein was earlier made the subject of a criminal proceeding wherein the District Court directed a verdict of not guilty, that determination does not bar or control the result of the instant administrative action. Silver v. McCamey, 1955, 95 U.S.App.D.C. 318, 221 F.2d 873. It follows that the order of the District Court must be
Affirmed.