Legal Opinion

BD. OF EDUC. OF ST. CHARLES v. Adelman

Appellate Court of Illinois

Decided June 19, 1981No. 80-760PublishedCited by 9 opinions

1Opinion of the CourtJustice Nash

In this appeal we consider whether proof by clear and convincing evidence is required before a tenured school teacher may be dismissed for conduct which might also constitute a criminal offense or whether proof by a preponderance of the evidence is sufficient.

Defendant, Daniel Kroll, a tenured teacher employed by plaintiff, Board of Education of St. Charles Community Unit School District No. 303, was ordered dismissed by the school board. The reasons for his dismissal, as set forth in a bill of particulars served upon him, included that Kroll had engaged in “lewd, immoral and illegal conduct…

2Cases cited24 opinions

  1. United States v. Daniel FaticoCourt of Appeals for the Second Circuit · 1979
  2. The Barr Rubber Products Company, Plaintiff-Appellee-Cross v. The Sun Rubber Company, Defendant-Appellant-Cross and Wonder Products CompanyCourt of Appeals for the Second Circuit · 1970
  3. Drezner v. Civil Service CommissionIllinois Supreme Court · 1947
  4. United States v. FaticoDistrict Court, E.D. New York · 1978
  5. Rost v. F. H. Noble & Co.Illinois Supreme Court · 1925

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3Cited by9 opinions

  1. Board of Education v. State Board of EducationIllinois Supreme Court · 1986
  2. Feliciano v. Illinois Racing BoardAppellate Court of Illinois · 1982
  3. Chicago Board of Education v. PayneAppellate Court of Illinois · 1981
  4. Carrigan v. Board of Fire & Police CommissionersAppellate Court of Illinois · 1984
  5. Board of Education of St. Charles Community Unit School District v. AdelmanAppellate Court of Illinois · 1985

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