Rogelynn Emory v. Memphis City Schools Board of Education, Now Known As Shelby County Board Of Education, W2014-01293-SC-R11-CV

Background

Rogelynn Emory, a tenured Memphis teacher, was charged with "inefficiency" based on long‑term poor classroom management and performance after returning from medical leave; Superintendent sought termination under the Teachers' Tenure Act.
Emory requested a board hearing within 30 days; the board hearing occurred roughly a year later and spanned three days with counsel, witnesses, and exhibits.
The Board unanimously upheld dismissal; Emory sought judicial review in chancery court asserting (inter alia) the board failed to hold the hearing within the 30‑day statutory period.
The chancery court affirmed the Board, finding the record contained ample evidence to support termination and that Emory had not been prejudiced by the scheduling delay.
The Court of Appeals held the 30‑day requirement was directory (not mandatory) but nonetheless awarded partial back pay for the extra unpaid suspension days, concluding some sanction was needed.
The Tennessee Supreme Court reversed the Court of Appeals: it rejected the back‑pay remedy as unsupported by the Tenure Act and held Emory waived the timeliness challenge by not objecting at the administrative hearing, so the timeliness issue was not properly before the courts.

Issues

Issue	Emory's Argument	Board's Argument	Held
Whether board must hold hearing within 30 days under Tenn. Code Ann. §49‑5‑512(a)(2)	30‑day requirement is mandatory; failure divests board of jurisdiction and mandates reinstatement and back pay	Statutory timetable is not jurisdictional; no prejudice shown and substantial participation occurred	Court declined to decide mandatory v. directory due to waiver; issue not preserved because Emory did not object at the board hearing
Whether Court of Appeals could award partial back pay for delayed hearing	Emory sought full reinstatement and full back pay under the Tenure Act	Board argued no basis in the Tenure Act for judicially created back pay remedy	Court held the appellate court had no authority to craft back‑pay remedy not provided by the statute and reversed that award
Standard/scope of judicial review under Tenure Act	Emory argued procedural violation justified reversal	Board argued review is limited to record and relief requires showing of arbitrary/capricious action or prejudice	Court reaffirmed certiorari‑style review: limited to the board record; additional evidence allowed only to show arbitrary/capricious or statutory/constitutional violations
Whether failing to object administratively forfeits procedural challenges	Emory argued she could raise statutory timing issue in chancery de novo	Board argued failure to timely object at the board hearing waived the issue	Court held administrative waiver rule applies; litigants must raise procedural objections at first opportunity before the administrative body or forfeit them

Key Cases Cited

Thompson v. Memphis City Sch. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012) (explains Tenure Act purposes and protections for tenured teachers)
Cooper v. Williamson Cnty. Bd. of Educ., 746 S.W.2d 176 (Tenn. 1987) (discusses de novo vs. certiorari review under Tenure Act pre‑amendment)
Davison v. Carr, 659 S.W.2d 361 (Tenn. 1983) (describes common law certiorari scope of review)
McClellan v. Bd. of Regents of State Univ., 921 S.W.2d 684 (Tenn. 1996) (requires timely administrative objections to preserve procedural claims)
Bailey v. Blount Cnty. Bd. of Educ., 303 S.W.3d 216 (Tenn. 2010) (applies waiver to administrative procedural challenges in school dismissal context)
Myers v. AMISUB (SFH), Inc., 382 S.W.3d 300 (Tenn. 2012) (framework for determining whether statutory "shall" is mandatory or directory)
L. A. Tucker Truck Lines, Inc. v. United States, 344 U.S. 33 (U.S. 1952) (favors refusing to permit afterthought procedural objections when no prejudice shown)