On March 12, Clay County Civil Court Judge Joseph Trout filed a judicial review in the matter of Anita M. Miller Vs. Clay Community School Corporation.
According to officials, the judicial review process was not to determine Miller's guilt of criminal activity or evaluate the evidence. It was only to review and justify the procedures used to terminate her teaching contract per state statue (Indiana Code 20-28-7-2 and IC 20-28-7-3 through 5) and to determine if her conduct (the reason/incident for her dismissal) offended "the morals of the community and is a bad example to the youth whose ideals a teacher is supposed to foster and to elevate."
On April 3, 2008, Miller filed the case after the school board canceled her permanent teaching contract due to allegations stemming from an altercation with members of the Clay County Sheriff's Department. Taking place at the intersection of County Road 700 North (Staunton Road) and CR 200 W. (Waterworks Road), the incident culminated in her arrest the evening of Jan. 13, 2008.
According to court documents, Miller, a teacher/coach at Northview High School at the time of the incident, was formally charged with class B misdemeanor public intoxication and class C misdemeanor public nudity charges in Clay Superior Court.
On Jan. 28, 2008, Miller was served with legal notice for the consideration by the school board to cancel her contract at a meeting on March 5, 2008. The letter contained state statues and the descriptive reasons for her dismissal.
Miller's attorney, Darrell Felling, notified Superintendent Dan Schroeder of her request for a hearing. At the hearing, which took place during an executive session, witnesses, including Miller, provided testimony.
Afterward, the members of the school board met in a public session and voted unanimously to cancel Miller's teaching contract.
Trout's formal judicial review upheld the school board's termination process of Miller's contract, thus ending the civil case.
"There are no winners in this situation," Clay Community School Board President Brian Atkinson said in an e-mail provided to The Brazil Times. "I am pleased that the judicial review has agreed with the decision of the Clay Community School Board and the administration in this case."
Although Miller could file an appeal in the case within 30 days of the filed judicial review, no appeal was apparently filed in the matter as of April 15. The Brazil Times was unable to contact Clay Community School Corporation Attorney Wayne Uhl for comment.
In Miller's ongoing criminal case, a continuance was recently granted and the matter was reset for jury trial at 1:30 p.m., Sept. 28. However, Clay Superior Court will not grant any more continuances without good cause.
Times Staff Reporter Kimberly Gleason contributed to this report.