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ORVILLE HARRIS v. COMMONWEALTH PENNSYLVANIA (04/25/77)

decided: April 25, 1977.

ORVILLE HARRIS, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, SECRETARY OF EDUCATION, APPELLEE; SCHOOL DISTRICT OF PHILADELPHIA, INTERVENING APPELLEE



Appeal from the Order of the Department of Education in case of Appeal of Orville Harris, a Professional Employe, from a Decision of the Board of Education of the Philadelphia City School District, Philadelphia County, Pennsylvania, No. 219.

COUNSEL

Robert M. Rowlands, with him Daniel P. Carter, for appellant.

Edward A. Miller, Assistant Attorney General, for appellee.

Robert T. Lear, for intervening appellee.

Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 29 Pa. Commw. Page 626]

Orville Harris (Appellant) appeals from a decision of the Secretary of Education which affirmed his dismissal as a professional employee of the School District of Philadelphia (Philadelphia) by its Board of Public Education (Board).

Appellant instituted this appeal pursuant to Section 1132 of the Public School Code of 1949 (Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 11-1132. Appeal was taken prior to the amendment of Section 1132 which now places appeals under the Administrative Agency Law.*fn1 Pursuant to the Code then in effect, Appellant had the right to request a trial de novo before this Court and, upon his request, the trial was held on October 20, 1975.

Although the record of the proceedings before the Board and Secretary of Education was received into

[ 29 Pa. Commw. Page 627]

    evidence by this Court, the following findings of fact are based solely upon the testimony, evidence and documents presented to this Court on October 20, 1975.*fn2 Based on the foregoing, we enter the following findings of fact and conclusions of law.

Findings of Fact

1. At all times relevant hereto Appellant was a tenured professional employee of Philadelphia within the meaning of Section 1101 et seq. of the Code, 24 P.S. § 11-1101 et seq.

2. At all times relevant hereto, Philadelphia had a valid regulation forbidding teachers to administer corporal punishment to students.

3. Appellant had actual knowledge of the regulations of Philadelphia forbidding teachers' use of corporal punishment.

4. In September of 1970, while teaching at the M. H. Stanton School, Appellant administered corporal punishment to one Gregory Davis, a fourth grader.

5. In October of 1970, Appellant administered corporal punishment to one Derek Burnside, a sixth grader, a student at the M. H. Stanton School.

6. As a direct result of these incidents, Appellant was transferred to the McKinley School. At a conference with supervisory personnel prior to transfer, Appellant was specifically warned that any further ...


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