Legal Opinion

Davis v. River Rouge Board of Education

Michigan Supreme Court

Decided July 12, 1979No. Docket 59395PublishedCited by 14 opinions

1Per curiam

The issue to be resolved in this case is whether a tenured teacher, discharged following a hearing before a school board, is entitled to automatic reinstatement when the board has failed to furnish the teacher with a copy of the hearing transcript within ten days of the hearing, as required by MCL 38.104(e); MSA 15.2004(e). We hold that the proper remedy is not reinstatement, but rather a tolling of the period for an appeal.

Plaintiff Davis, a tenured teacher, was suspended from his duties on October 15, 1973, pending the outcome of a hearing on charges of unprofessional conduct. On November…

2Cases cited7 opinions

  1. Magreta v. Ambassador Steel Co.Michigan Supreme Court · 1968
  2. Shiffer v. Board of Education of Gibraltar School DistrictMichigan Supreme Court · 1974
  3. Rehberg v. BOARD OF EDUCATION OF MELVINDALE, ECORSE SCH. DIST. NO. 11Michigan Supreme Court · 1951
  4. Goodwin v. Board of Education of School DistrictMichigan Court of Appeals · 1978
  5. Montiy v. Civil Service BoardMichigan Court of Appeals · 1974

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Western Michigan University Board of Control v. StateMichigan Supreme Court · 1997
  2. MacEnas v. Village of MichianaMichigan Supreme Court · 1989
  3. Ferrario v. Escanaba Board of EducationMichigan Supreme Court · 1986
  4. Ludka v. Department of TreasuryMichigan Court of Appeals · 1986
  5. Detroit Board of Education v. ParksMichigan Court of Appeals · 1980

9 more not listed; retrieve them via the Exa API.

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