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CCCTA quiet about investigation

Tuesday, January 29, 2008

The administration and Clay Community Classroom Teachers Association are remaining quiet regarding the investigation into North Clay Middle School teacher Anita Miller.

After the Jan. 17 school board meeting, which gave the administrators permission to begin the investigation, Superintendent Dan Schroeder refused comment because it is a personnel issue.

CCCTA representative Russ True told The Brazil Times the association had no comment, and was leaving the situation up to Miller and her legal counsel.

Some citizens have been concerned as to why Miller was not released from her contract immediately and why she was placed on paid leave after being arrested Jan. 13, and charged with public intoxication and public nudity.

Some grounds for dismissal in the Indiana legal code are very specific, but most are vague and require consideration.

According to Indiana Code 20-28-7, a teacher can be dismissed for immorality, insubordination, which is considered "a willful refusal to obey the state school laws or reasonable rules prescribed for the government of the school corporation," neglect of duty, incompetence, a justifiable decrease in teaching positions, a felony conviction listed under revocation of a teaching license (IC 20-28-5.8), or an other good and just cause.

The Clay Community Schools Board of School Trustees has not established that Miller has participated in any conduct that would fall under those categories. The Jan. 17 meeting was called to give the administration the power to look into the charges against Miller and decide if they fall under IC 20-28-7.

If the administration proceeds with dismissal, the process for a school board to cancel a contract with a teacher is laid out within chapter 20 of the Indiana code (IC 20-28-7.3).

The first step is for the teacher in question to be notified in writing of the time, date and place where the school board will consider dismissal. Within five days of the notice, the teacher must receive a written reason as to why cancellation is being considered.

Then, the teacher may request a hearing, where the teacher in question can present evidence and testimony to refute the dismissal.

The superintendent will weigh-in with his or her recommendations, and the board would vote on the dismissal at a regular meeting.

When a cancellation is pending, a teacher may be suspended, and IC 20-28-7.4 says, "the governing body may not, while the teacher is suspended, withhold from the teacher any salary payments or other employment related benefits that before the suspension the teacher was entitle to receive."

The contract between the CCCTA and the school board does not include any language about teacher suspension or dismissal.

Indiana code says the laws in chapter 20 are not to limit what can be included in a collectively bargained contract dealing with contract cancellation.

Corporations can choose to not extend the grounds laid out in the code.

Indiana law gives the corporation direction if they decide to proceed. Any decisions will be made after results of the investigation are given to the board.

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How much more "Immoral" could one possible be? Maybe they should start a new class for her and call it "How to be drunk and stupid in public 101". Very good lessons for the allready troubled youth of our county to learn by.

-- Posted by fitch30437 on Tue, Jan 29, 2008, at 11:21 PM

I think it's time to home school our children if this is doesn't go through.

-- Posted by OntheRight08 on Wed, Jan 30, 2008, at 12:01 AM

Hmm, I will say that, in no way does this story, which involves the clay community school corporation, and obviously the parents and/or community in the area, in all honesty has any affect on me. I still do, however, want to ask? Why should it be such an issue for this, due to the fact, that yes, she is a teacher, when in all reality, such circumstances could happen to anyone who is not abiding by the laws in the right sense? Also, I think that those who are trying to downsize this teacher, or the teachers involved in this situation should perhaps reflect upon their own selves and stop worrying so much about what others do in their own time. I honestly think that a dui or dwi or whatever may happen to one's self, could happen to anyone who is in the wrong place at the wrong time. In other words, I think it's not right to judge a teacher just because she is a superior to others when in all reality she is no different to those who drop their students off in the mornings in which they are still drunk from the night before.

-- Posted by benburnbrekley on Wed, Jan 30, 2008, at 12:15 AM

i wastold here a few years ago, that a child could be removed from the school system if they broke the law, at any time while they are enrolled in school, and he told me that it didnt matter if school was in session or not. Meaning after school hours and summer vacations. so if they can remove a student, why not the teacher she was playing on the wrong side of the laws that night.

-- Posted by pepsilady on Wed, Jan 30, 2008, at 2:40 AM

If you break the laws and are found guilty, then you pay the price. I think we need to see how it plays out in court before we cast the first stone.


-- Posted by madmom61 on Wed, Jan 30, 2008, at 8:05 AM

"Ow," said the dead horse! How long are people going to beat a dead horse. The law is what it is. Teachers are under contract, and like other human beings, innocent until proven guilty. Why not just let the law run its course? After all, I think that's what you would want to happen if you made such a stupid mistake.

-- Posted by Bigpappy on Wed, Jan 30, 2008, at 4:15 PM

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