Education

Judge reverses former HE McCracken principal's dismissal

By SARAH BOWMAN - sbowman@beaufortgazette.com
Phillip Shaw
Phillip Shaw Staff illustration

Two Novembers ago, Phillip Shaw was placed on administrative leave from his job as H.E. McCracken Middle School principal.

Last November, he was dismissed from the Beaufort County School District after a public hearing before the school board.

This November, a judge reversed the school board's decision, ruling that Shaw was improperly dismissed from his position.

"We are not surprised by the judge's decision," Fatima Zeidan, Shaw's attorney, said Wednesday about the Monday ruling. "Before you can fire an administrator or teacher for conduct, you must present evidence that shows they were unfit in fulfilling the duties of their job, and that just was not the case here."

Attempts Wednesday to reach Shaw were unsuccessful.

BOARD PLANS APPEAL

Shaw filed his legal appeal last December -- a month after the board upheld superintendent Jeff Moss' recommendation for his dismissal -- with the Beaufort County Court of Common Pleas.

Shaw claimed the board "improperly found" sufficient reasons to discharge him. And after an Oct. 7 hearing to present evidence, Judge Marvin Dukes III agreed.

The legal battle likely is not over yet, however.

The district has 10 days to ask Dukes to reconsider his decision, which it will do, according to school board Chairman Bill Evans. If the decision stands, the district will then appeal Dukes' ruling to the S.C. Court of Appeals, Evans said.

"We are disappointed with the judge's decision," Evans said Wednesday, "so the board has given superintendent Moss the authorization to appeal this case to the next level, as we think that is the right decision for us."

It is unclear what this means for Shaw's employment in the meantime, said Zeidan, of the law offices of Clifford Bush III.

She has filed a motion for reinstatement and damages -- the judge would determine the amount -- but doesn't know when the motion will be ruled on. She said she also doesn't know whether Shaw could be reinstated while the district's appeal is ongoing.

"But he is eager to get back to what he does best, which is be in the school," she said. "We respect the school board, but in this matter the law truly did not back their decision."

THE BOARD'S ACTION

In his written order, released Monday evening, Dukes ruled the district "provided no substantial evidence" to show that the allegations against Shaw proved he was unfit for his position, as required by law.

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

But the district failed to prove that Shaw defied district orders or had any involvement in the financial-policy violations, among other allegations, according to Dukes. Shaw had been given a positive evaluation just three months before his leave, Dukes pointed out.

"As such," he said in his order, "the Board could not have reasonably found that good and sufficient reasons existed to warrant his immediate termination."

Instead, Dukes said, the district should have presented its concerns to Shaw, made a reasonable effort to assist him in correcting the issues and given him reasonable time to do so.

Follow reporter Sarah Bowman at twitter.com/IPBG_Sarah.

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This story was originally published November 19, 2014 at 7:08 PM with the headline "Judge reverses former HE McCracken principal's dismissal."

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