Jarvis Smith v. The School Board of Hillsborough County

Summary

The Florida Second District Court of Appeal reversed the termination of a teacher because the School Board relied almost entirely on hearsay reports and did not present witnesses with personal knowledge of the alleged child abuse. The court held that the School Board had to prove the underlying allegations by a preponderance of the evidence and that the procedure denied the teacher an opportunity to confront and cross-examine witnesses. The case was remanded for another hearing with appropriate due process safeguards.

Holdings

1. The School Board was required to prove by a preponderance of the evidence not only that the allegations against Smith were made, but that the underlying allegations were true.
2. Hearsay evidence could not, by itself, support the School Board's findings and termination decision because the reports were offered for the truth of the matters asserted and were not shown to be admissible over objection in a civil action.
3. The School Board denied Smith procedural due process by terminating his employment without presenting witnesses with personal knowledge whom Smith could confront and cross-examine.

Questions Presented

1. Whether the School Board was required to prove by a preponderance of the evidence that the underlying allegations against Smith were true, rather than merely prove that the allegations had been made.
2. Whether hearsay evidence contained in investigative reports could, standing alone, support the School Board's termination decision.
3. Whether terminating Smith without presenting witnesses with personal knowledge of the incident violated his due process right to confront and cross-examine the witnesses against him.

Disposition

reversed_and_remanded