Appeal from the Order of the Secretary of Education in case of Barton W. Howe, III v. Board of School Directors of the Riverside Beaver County School District, Beaver County, Pennsylvania, No. 296.
Terry C. Cavanaugh, with him John Alan Conte, and Conte, Courtney & Tarasi, for petitioners.
John R. DeAngelis, with him Watzman, DeAngelis & Elovitz, for respondent.
Judges Crumlish, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge DiSalle.
[ 37 Pa. Commw. Page 242]
The Board of School Directors of Riverside Beaver County School District (Board) filed this petition for review from an order of the Secretary of Education (Secretary) dated February 8, 1977. The order sustained in part an appeal filed by Barton W. Howe, III (Howe), from his dismissal as a teacher in the Beaver County School District for reasons of immorality, incompetence and persistent negligence. The Secretary ruled that Howe had not been afforded a hearing which met with applicable due process standards. He reversed the Board's decision dismissing Howe on grounds of immorality and incompetence,
[ 37 Pa. Commw. Page 243]
and remanded to permit the Board to consider only the remaining charge of persistent negligence. The Board thereafter appealed that part of the Secretary's order which proscribed consideration of the charge of immorality.*fn1
The facts of this case, as supported by the record, were fully set forth in the opinion of the Secretary:
1. The Appellant is a professional employee. He has been an employee of the Riverside Beaver County School District for eight (8) years, serving as a fourth grade teacher at the district's Locust Grove School. In the past year, Appellant served as Head Teacher at Locust Grove School.
2. Appellant, while employed by the Riverside Beaver County School District, applied on November 8, 1975 for evening part-time work at Gimbel's Department Store. Appellant at that time stated his availability for evening employment, as well as work during the Christmas vacation.
3. On Tuesday, November 11, 1975, Appellant was notified by Gimbel's Department Store that he was accepted for part-time employment at the store, during the holiday season. Appellant was informed later that day that he was required to attend a two day training seminar at Gimbel's in order to prepare for the work at the store.
4. Appellant on November 17, 1975 was present at Gimbel's Department Store from 9:00 a.m. to 2:00 p.m. as a participant in the training seminar. On the following day, November
[ 37 Pa. Commw. Page 24418]
, 1975, Appellant was again present at the Gimbel's Department Store from 12:30 p.m. to 4:30 p.m. as a ...