Devito v. Board of Education

This is an appeal from a final judgment of the Circuit Court of Marion County which affirmed an order of the Board of Education of Marion County dismissing Teresa M. DeVito from her employment as a teacher on the grounds of willful neglect of duty. DeVito contends that the Board’s action was arbitrary and capricious. Because a finding of fact as to DeVito’s intent in committing the offense complained of was not made and is essential to determining the reasonableness of the board’s action, we remand for a finding of fact as to whether DeVito’s action *54was intentional or merely inadvertent or…