## Facts

- Artee Payne, Jr. was a tenured Chicago public school elementary teacher assigned to work with students who had low respect for authority.
- Payne was arrested and convicted (by guilty plea) of off-duty marijuana possession and received probation.
- The incident occurred off school grounds and outside school hours; there was no evidence students were involved or that drugs were brought to school.
- The Chicago Board of Education initiated dismissal proceedings under § 34-85, characterizing the conviction as “conduct unbecoming a teacher” and “immoral” conduct warranting immediate discharge.
- At the administrative hearing, the Board relied principally on the conviction and an administrator’s opinion that the conduct was incompatible with teaching.
- Payne offered evidence of satisfactory performance and a good professional reputation; the record contained no evidence of impaired classroom performance or disrupted student relationships.
- The hearing officer found the Board failed to show adverse impact on Payne’s fitness to teach and found the conduct remediable, requiring a prior written warning; the circuit court reversed; Payne appealed.

## Issues

1. Whether an off-duty marijuana possession conviction constitutes “irremediable” cause under § 34-85 permitting dismissal without prior written warning, or whether the Board had to satisfy the Gilliland test (substantial harm and futility of warning).
2. Whether the hearing officer’s findings that the misconduct was remediable and not shown to harm the school environment were against the manifest weight of the evidence.

## Decision

- The appellate court reversed the circuit court and reinstated the hearing officer’s decision in Payne’s favor.
- The court held the Board did not prove Payne’s off-duty conviction caused, or was likely to cause, substantial harm to students or the educational process.
- The court rejected the Board’s argument that “immoral” or criminal conduct is irremediable per se for teacher-dismissal purposes.
- Because irremediability was not established, § 34-85 required a prior written warning and an opportunity to correct; the Board could not bypass that requirement on this record.
- The hearing officer’s factual determinations were entitled to deference and were not against the manifest weight of the evidence.

## Legal Principles

- Under § 34-85, dismissal without prior written warning is permitted only for “irremediable” cause; remediable conduct requires written warning and an opportunity to correct.
- Under Gilliland, misconduct is “irremediable” only if (1) it caused significant damage (or substantial harm is reasonably foreseeable) to students, faculty, or the school, and (2) a warning would not correct the conduct.
- The Board bears the burden to prove irremediability and the nexus between alleged misconduct and harm (actual or likely) to the school environment or teaching effectiveness.
- A hearing officer’s factual findings in teacher-dismissal administrative proceedings are treated as prima facie correct and may be set aside only if against the manifest weight of the evidence; courts may not reweigh credibility.

## Conclusion

The court held that an off-duty marijuana possession conviction, without evidence of substantial harm or likely harm to students or school operations and without proof that a warning would be futile, was not irremediable cause for immediate dismissal of a tenured teacher; the hearing officer’s decision favoring the teacher therefore controlled.


Chi. Bd. of Educ. v. Payne, 430 N.E.2d 310 (Ill. App. Ct. 1st Dist. 1981)