Virginia's Judicial System


Appeals Granted


Case

JULIETTE PAYNE v. FAIRFAX COUNTY SCHOOL BOARD
(Record Number 140145)

From

The Circuit Court of Fairfax County; J. Tran, Judge.

Counsel

Thomas M. O'Connell and James J. Faughnan (Faughnan Mendicino PLLC) for appellant.

Sona Rewari and Thomas J. Cawley (Hunton & Williams LLP) for appellee.

Assignments of Error

  1. The Circuit Court erred in holding that Va. Code 22.1-315(A) applies only to suspensions based on (1) threats to the safety or welfare of the students or school division and (2) charges for a criminal offense.
  2. The Circuit Court erred in holding that Va. Code 22.1-315(A) does not require a school board to provide a school board hearing prior to suspending a teacher or other school employee without pay for less than five days.
  3. In the alternative, the Circuit Court erred in holding that a school division may suspend a teacher or other school employee when (1) there is no threat to the safety or welfare of the students or school division and (2) when that teacher or other school employee has not been charged with a criminal offense.

Date Granted

  04-04-2014