Gladys Talley v. Bowen Construction

Robert Ross, after public hearing pursuant to section 168.118, RSMo 1978, was found by the Board of Education of the Moberly, Missouri, Public School District No.81 to have engaged in "immoral conduct," section 168.114.1(2), and was dismissed from his position as a tenured teacher. The circuit court reversed the decision of the Board and ordered Ross reinstated on the ground that the procedures under which Ross was tried violated his constitutional right to a fair trial. The Court of Appeals, Western District, transferred the case after opinion, holding that it lacked jurisdiction to assess petitioners allegation of constitutional informity of section 168.114, RSMo 1978. Ross v. Robb, 651 S.W.2d 680 (Mo. App. 1983). The judgment is reversed for reinstatement of the decision of the Board of Education.