Appeal from the Appellate Court for the Fifth District; heard
in that court on appeal from the Circuit Court of Jackson County,
the Hon. Peyton H. Kunce, Judge, presiding.
MR. CHIEF JUSTICE WARD DELIVERED THE OPINION OF THE COURT:
The plaintiff, Roy Aulwurm, a tenured teacher, was dismissed from his position by the board of education of Murphysboro Community Unit School District No. 186 (hereafter the Board) following a public hearing. Aulwurm filed a complaint for administrative review in the circuit court of Jackson County (Ill. Rev. Stat. 1973, ch. 110, par. 267), and the court affirmed the Board's decision. The appellate court, with one judge dissenting, affirmed (43 Ill. App.3d 963), and we allowed the plaintiff's petition for leave to appeal (58 Ill.2d R. 315).
On January 16, 1975, the Board sent a "Notice of Charges and Dismissal" to the plaintiff which set forth eight claimed grounds for dismissal:
"1. Your insubordination and failure to follow instructions of your supervisors;
2. Your failure to cooperate with your supervisors;
3. Your lack of preparation for your teaching duties and assignments;
4. Your lack of care for the physical school facilities of the District;
5. Your failure to comply with stated policies of the Board of Education;
6. Your failure to perform teaching duties assigned to you;
7. Your failure to carry out tasks assigned to you by your supervisors;
8. In the opinion of the Board of Education, the best interest of the school require your dismissal."
The plaintiff moved for and was given a bill of particulars by the Board which detailed the charges. The bill set out that the plaintiff failed to submit lesson plans, attendance forms, student recognition reports and failed to conduct a student musical in the spring of 1974. In addition he was cited for failing to perform adequately his duties as an assistant football coach. He was also cited for not submitting reports dealing with voluntary duty scheduling and for submitting to and engaging in "intimate physical contact with female students while traveling in a school bus." No evidence was produced at the hearing to support these last two charges.
Evidence was introduced to prove that the plaintiff failed to amend course syllabi as directed and that he failed to perform adequately his duties as assistant wrestling coach. Neither of these charges appeared in the list of charges sent to the plaintiff on January 16, 1975, or in the bill of particulars ...