Former H.E. McCracken principal goes to court to appeal his termination

Almost a year after a public hearing in which the Beaufort County Board of Education upheld the firing of Phillip Shaw, the former H.E. McCracken Middle School principal is now contesting his dismissal in court.

Shaw and superintendent Jeff Moss, whose decision to fire Shaw was upheld by the school board Nov. 4, met Oct. 7 before Judge Marvin Dukes III in the Beaufort County Court of Common Pleas.

The judge will consider testimony from that hearing and transcripts from last year's November school board hearing before deciding whether to uphold or overturn the board's decision.

A decision is expected in November, according to Moss' attorney, Vernie Williams of Columbia-based Childs & Halligan.

In his appeal, filed one month after the school board's decision, Shaw claims the board "improperly found" sufficient reasons to discharge him, "improperly considered" that he did not testify during the hearing and "improperly allowed" evidence to be admitted.

Attempts this week to reach Shaw and his attorney, Fatima Zeidan of the Law Office of Clifford Bush III, were unsuccessful. Zeidan and Bush represented Shaw during the school board hearing.

"We specifically disagree with the grounds that they raised; we felt the board gave him a fair hearing and was fair to both sides," said Williams, who represented the district during last year's hearing.

During the school board hearing, district administrators said Shaw was often absent from the building and a weak leader when he was present. Officials also said 10 financial-policy and procedural violations occurred during Shaw's tenure.

Shaw's attorneys called three witnesses but not Shaw himself.

Williams said the decision not to testify can be considered in employment and civil matters. At the conclusion of the school board hearing, Williams argued Shaw's lack of testimony was indicative of the weak leadership that prompted Moss' recommendation.

If the judge upholds the board's decision, Shaw and his attorneys can appeal to the S.C. Court of Appeals. If the judge overturns the board's ruling -- which would reinstate Shaw as an employee of the district, Williams said -- the district can also appeal that decision.

Williams said he does not know if schools officials would appeal such a ruling and has not discussed that possibility with them yet.

Follow reporter Sarah Bowman on Twitter at twitter.com/IPBG_Sarah.

Related content:School board upholds firing of ex-Bluffton principal, November 4, 2013School district completes first day of Shaw public personnel hearing: Ex-principal "insubordinate" district says, November 1, 2013

This story was originally published October 20, 2014 at 10:55 AM with the headline "Former H.E. McCracken principal goes to court to appeal his termination."