Smith v. Columbus City Schools Bd. of Edn.
2017 Ohio 2870
| Ohio Ct. App. | 2017Background
- Pamela J. Smith, an elementary teacher in Columbus City Schools since 2000, was involved in a lobby disturbance between two second-grade students at Fairmoor Elementary on April 23, 2015.
- Two instructional assistants (Kulewicz and Hornsburger) were engaged in separating the students and testified they had the situation under control and were not in danger.
- Smith entered, believed a student (Student A) had struck an assistant, and intervened; witnesses testified she picked up the student, pushed him to the ground, and put a knee on his chest; Smith denied touching the student.
- The Board adopted a resolution terminating Smith for good and just cause based on the incident and prior disciplinary history; Smith requested a referee hearing, which recommended termination.
- The Franklin County Court of Common Pleas affirmed the Board’s termination; Smith appealed to the Tenth District Court of Appeals.
- The appellate court reviewed whether the factual findings and the Board’s conclusion (that Smith’s unilateral, unnecessary intervention warranted termination and that R.C. 3319.41(C) did not justify her force) were against the weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court gave proper weight to Smith's belief that an assistant was being hit, justifying intervention | Smith: she reasonably believed Kulewicz was struck and intervened to protect her | Board: other staff had situation controlled; Smith's intervention was unilateral and escalated the incident | Held: Trial court did not err; evidence supports conclusion that intervention was unnecessary and inflamed the situation |
| Whether R.C. 3319.41(C) (permitting reasonable force to quell disturbances/protect others) justified Smith's use of force | Smith: force was reasonable and necessary to protect the assistant | Board: testimony showed no threat of physical injury to staff; statute inapplicable | Held: Statute did not apply because evidence showed no threat to others; court affirmed refusal to apply statute |
Key Cases Cited
- Aldridge v. Huntington Local School Dist. Bd. of Edn., 38 Ohio St.3d 154 (Ohio 1988) (distinguishes referee factfinding from board's responsibility to interpret facts and recommend discipline)
- Freshwater v. Mt. Vernon City School Dist. Bd. of Edn., 137 Ohio St.3d 469 (Ohio 2013) (appellate review of common pleas decision is narrowly limited to abuse of discretion)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (judgment supported by some competent, credible evidence will not be reversed as against manifest weight)