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Dicaprio v. Redmond

OPINION FILED MAY 25, 1976.

JANICE DI CAPRIO, PLAINTIFF-APPELLEE,

v.

JAMES F. REDMOND ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. EDWARD F. HEALY, Judge, presiding.

MR. PRESIDING JUSTICE STAMOS DELIVERED THE OPINION OF THE COURT:

This is an appeal by the Chicago Board of Education from a judgment of the circuit court of Cook County reversing the action of the Board wherein plaintiff was ordered, after proceedings in conformance with the School Code (Ill. Rev. Stat. 1973, ch. 122, par. 34-85), dismissed from her teaching position.

In this court the parties posit the issue regarding the manifest weight of the evidence.

Plaintiff was charged with conduct unbecoming a teacher and with failure to discharge her duties as a teacher in the Chicago Public Schools. The specifications were as follows:

"SPECIFICATIONS

1. During the period from May 16 through October 17, 1972, JANICE DICAPRIO failed and refused to supervise children on her assigned duty post during recess at the VON HUMBOLDT ELEMENTARY SCHOOL.

2. During the period of May 19 to October 13, 1972, JANICE DICAPRIO failed and refused to attend faculty in-service meetings.

3. On or about September 22, 1972, JANICE DICAPRIO brought her second grade class to the office of the principal and left them there without supervision.

4. From September, 1972 through December 12, 1972, JANICE DICAPRIO failed and refused to designate or allow second grade children with language defects to participate in the TESL program and failed and refused to permit second grade children to participate in speech correction programs.

5. On May 16, 1972 JANICE DICAPRIO was served with an E-1 warning notice that her conduct as a teacher was unsatisfactory for the reasons stated therein.

6. Between May 16, 1972 and October 16, 1972, the principal of the VON HUMBOLDT elementary school and the District Superintendent gave numerous instructions, suggestions and recommendations to JANICE DICAPRIO for the improvement of performance as a teacher. She repeatedly failed to follow the directions of the principal and the District Superintendent. October 16, 1972 she was served with an E-2 notice that her efficiency rating was unsatisfactory.

7. During the period from June 15, 1972 through November, 1972, JANICE DICAPRIO used insulting and derogatory language when addressing the principal and other members of the faculty at the VON HUMBOLDT school.

8. On February 2, 1973, JANICE DICAPRIO disrupted a faculty in-service meeting by making statements racially defamatory to the PUERTO RICAN people. [By stipulation of parties, this specification was stricken.]

9. On February 22, 1973, JANICE DICAPRIO was suspended from her duties pending trial on charges of conduct unbecoming a teacher and failure to discharge her duties ...


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