Monday, April 04, 2011

No Oral Argument in Hurley-Richards Appeal

A quick check on the Hurley-Richards case shows that a "non-oral notice" was filed in mid February. This means that oral arguments will not be taken in the case. This is actually fairly typical. Most appellate reviews, a court administrator tells KSN&C, are conducted through legal briefs.

Rosalind Hurley-Richards, a second grade teacher at Liberty Elementary, was disciplined by FCPS for conduct unbecoming a teacher when she worked at Cardinal Valley Elementary, in February 2009, and an administrative tribunal upheld her suspension.

Hurley-Richards then filed a circuit court action in Fayette Circuit Court (09-CI-5311) appealing the tribunal's decision. The circuit court overturned the tribunal’s suspension of Richards.

Judge Ernesto Scorsone ruled that the conclusions of the tribunal were "without support of substantial evidence on the whole record" and provided "no evidentairy basis on which to support any suspension without pay." The court found Hurley-Richards' conduct reasonable, and the tribunal's conclusions incorrect. Scorsone reasoned that Hurley-Richards was maintaining order in the hallway following a student's attack on his sister and that Hurley-Richards had reason to believe the student posed a risk which would justify physical restraint.

Fayette County Schools Superintendent Stu Silberman and the district is now appealing that decision (2010-CA-000840-MR).

A decision is slated for this month.


Anonymous said...

These cases were bound to happen when FCPS chief Mr. Silberman cloaked himself with the mantra "It's about kids."

What Silberman did not reckon with was a teacher who would fight back. Naturally, Mr. Silberman does not like racial conflict (This explains his frequent visits to Bracktown Baptist, whose pastor is a member of the state Board of Education) I'm certain he was reluctant to suspend a black teacher, but probably felt she would go quietly.

As for Richards, a good teacher albeit a shameless self promoter, I applaud this strong African American woman who has stood up to Mr. Silberman although I am perplexed that this case has received no media coverage. (I do wonder if Merlene Davis knows about the case.)

On the same topic, (adults who use force against FCPS kids who are misbehaving), a similar situation almost occurred at Dunbar. Mr. Silberman was about to recommend the dismissal of the security officer who dealt with a rebellious high schooler there, but then Silberman backed down realizing he would face loss of faith with FCPS police officers.

For anyone to think that these cases are not the primary reason for Silberman's departure, I urge that person to speak with FCPS school teachers. Mr. Silberman did not reckon with teachers who would fight for their jobs.

Thank you, Dr. Day, for keeping the public informed. I look forward to justice for Mrs. Hurley Richards.

Anonymous said...

Another legacy of Stu's... Ask teachers if they are more afraid to discipline now. Ask the teachers "are you better off now than you were under Walton, Flynn, Fankouser?"

Anonymous said...

I was watching the FCPS Board of Education regular March meeting on Channel 13 and discovered something interesting: a 4 to 1 vote on something that was not related to an issue regarding legal counsel! Dissent on the Fayette County school board! Unbelievable! I never thought I'd ever see a board member unafraid to speak his mind on an issue recommended by "staff."

Anonymous said...

Stu tried to squash dissent when he put Rick Queen up to running against Amanda Ferguson. Thank Jesus Queen did not win, or Stu would have been assured carte blanche to do as he pleased. And am I pleased to hear the viewer's post from April 5, 2011 at 8.38. Until this blog was discovered by so many, it simply appeared that Stu was without his critics.

My how the worm begins to turn, when will Stu Silberman ever learn?