No. 420 C.D. (Pa. Comwlth.2001)

Facts of the Case

Nancy J. Zelno, a tenured professional employee, pled guilty on May 5, 1999 to DUI and driving while her license was suspended. This was her third DUI offense and her second offense for driving while her license was suspended. She was sentenced to incarceration on weekends during the school year and was to remain incarcerated through the summer until her sentence was completed (August).

Employed by Lincoln Intermediate Unit No.12, Zelno had been assigned to teach in an alternative education program where the students were a part of a drug and alcohol rehabilitation program. When her employer became aware of her convictions and incarcerations, the board of directors initiated dismissal procedures. Witnesses presented evidence to the board that her conduct violated Section 1122 of the Public School Code of 1949 regarding immorality and intemperance. She did not contest her convictions, but she appealed to the Secretary of Education who affirmed the board's findings to terminate her employment.

She appealed the Secretary’s decision alleging that even if her conduct was immoral, the witnesses could not prove that she corrupted any student’s morals or that her teaching ability had been hindered in any way.

Decision of the Court

The Commonwealth Court of Pennsylvania on November 8, 2001 affirmed the decision by the Secretary of Education, and upheld Zelno’s termination on the grounds of immoral conduct under Section 1122 of the School Code, 24 P.S.

Basis for the Decision

In 24 P.S. § 1122 immorality is not defined. The section only states that a tenured professional employee’s immoral conduct is cause for termination. The courts have defined immorality as “a course of conduct that offends the morals of the community and is a bad example to the youth whose ideals a teacher is supposed to foster and elevate.” Horosko v. Mt. Pleasant Township School District, 6 A.2d 866 (Pa. 1939). There was sufficient evidence that her conduct met this definition in terms of offending the morals of the community. There was also proof that conduct made her a bad role model for the youth that she was teaching. Section 3731 (e) of the Vehicle Code 75 Pa. C.S. §3731 provides that more than one DUI violation increases the seriousness of associated penalties in following offenses. Section 3731 (e) thus provides justification that her continued offenses were immoral conduct.

Prepared by Phyllis Haskins July 9, 2002