Elliott’s attorney, Virgina McCoy, confirmed today the appeal will be taken to the full county school board. Other than announcing plans for the appeal, McCoy said she did not wish to comment further at this time.
The board previously voted that if the charges for dismissal were true, then the charges were legitimate grounds to dismiss the tenured teacher.
Bradley County Director of Schools Johnny McDaniel presented the charges for dismissal during the Oct. 4, 2012, school board meeting.
“I recommend dismissal based on Ms. Elliott ’s incompetence, neglect of duty and unprofessional conduct,” McDaniel said during his recommendation for dismissal in October. “Ms. Elliott’s actions clearly fall under definitions found at Tennessee Code Annotated 49-5-501.”
School board members were asked not to discuss the case since the hearing might be called. The dismissal hearing took place Jan. 30-31 with impartial hearing officer Dale Conder Jr. making a decision on March 22.
According to TCA 49-5-512, written notice of the appeal will be submitted to the director of schools. The director will then provide board members with transcripts of the hearing and other documentation within 20 days.
“The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision,” TCA 49-5-512 states.
A decision is required within 10 days of the appeal hearing. The decision of the appeal hearing could then be further appealed in Bradley County Chancery Court.