Ken Ault v. Roy Lohr

Susan Forehand, a fifth grade school teacher employed under a continuing contract by the Gulf County School Board, appeals the Boards final order approving, in part, the superintendents findings of misconduct, and implementing his recommendation that Forehand be suspended from her position for ten days without pay. Raising four points on appeal, Forehand complains that (1) the manner in which the Board conducted the hearing deprived her of due process and a fair hearing; (2) the findings of misconduct are not supported by competent, substantial evidence; (3) the Board exceeded its statutory authority set forth in chapters 230 and 231 by imposing a fine; and (4) she is entitled to an award of attorneys fees and costs for all proceedings in this cause pursuant to section 120.57(1)(b)10, Florida Statutes (1989), because the Boards gross abuse of discretion precipitated this appeal. Although we find no merit in several of her contentions, we agree that certain of the charges are not supported by competent, substantial evidence, and agree that a procedural error impaired the fairness of the hearing. Accordingly, we vacate the order and remand for a new evidentiary hearing.