Justice Alexander Hunter Jr.
Tenured teacher Gumbs sought a declaration that her unsatisfactory rating (U-rating) and termination was arbitrary and violated respondent Board of Education's established policies. Respondents cross-moved for dismissal. Gumbs accepted an appointment to a probationary guidance counselor position. She received official complaints and emails from parents notifying her of various issues. Gumbs met with the principal to discuss allegations of parental complaints, and received four letters formally laying out each area of the allegations. The superintendent affirmed Gumbs' discontinuance of probationary service. The court found Gumbs' U-rating was based on the disciplinary letters and her rights were not violated by any deviation from the guidelines in the Handbook. It stated Gumbs was afforded due process, noting she did not dispute the circumstances detailed in the letters. The court found the U-rating was rational as it was not made in violation of lawful procedure or a substantial right. Also, it ruled, contrary to Gumbs' contention, she did not acquire tenure by estoppel as a guidance counselor by previously being a tenured teacher. The court also found discontinuance of Gumbs' probationary service was not in bad faith, denying the petition.
