Appeal from the Order of the Secretary of Education in case of George Shearer v. Elizabeth Forward School District, Teacher Tenure Appeal No. 40-77.
Ronald N. Watzman, Watzman & Elovitz, for petitioner.
Dayne Shaw, for respondent, Elizabeth Forward School District.
Judges Craig, Williams, Jr. and Palladino, sitting as a panel of three. Opinion by Judge Craig.
[ 57 Pa. Commw. Page 267]
George Shearer petitions this Court for review of the back pay allowance provisions of an order of the Secretary of Education which has reinstated him as a teacher with Elizabeth Forward School District. The
[ 57 Pa. Commw. Page 268]
Secretary ordered back pay covering the period following the now-overturned discharge of the petitioner, but not for the suspension period which preceded it.
Petitioner, a professional employee, had been arrested on August 2, 1977, and charged with possession of marijuana and contributing to the delinquency of a minor. Despite receiving notice of the arrest, the school board took no immediate action. However, by letter, an assistant superintendent then notified petitioner that he was suspended without salary or benefits effective August 24.
After two hearings, the board discharged petitioner on October 6 for immorality and intemperance. On appeal, the Secretary of Education reversed petitioner's dismissal for lack of substantial evidence to support the charges.
We perceive three issues:
1. Is petitioner entitled to back pay for the period of suspension before ...