By Gerald CardP247-251

ERB v. Iowa State Board of Public Education

Supreme Court of Iowa, 1974

216 N.W. 2d 339

Richard Erb was a fine arts teacher of 9 years and was caught having an affair with the home economics teacher

He tried to resign but the school board of education turned it down.

The Board refused to allow Erb’s Lawyer to cross examine witnesses

They voted to revoke his certificate without any findings of fact or conclusion of law

Richard Erb had his teaching certificate revoked

Was adultery reason enough to revoke a teachers certificate

Limitations at the hearing. In the appeal Erb objected to not being able to cross examine. This objection should have been made during the hearing and because it was not it cannot be an issue at the appeal.

Failure to make findings. The Board did act illegally by revoking the certificate without stating the findings of facts of the case.

Sufficiency of the evidence. Without the Findings of facts an appeal court cannot see the reasoning of the Boards actions.

The Board Contended that adultery automatically makes a person unfit to teach

The appeals court disagrees. This belief gives the Board the power to revoke any teachers certificate that opposes their approval

Morrison v. State Board of Education

461 p.2d 375, 394 (cal.1969)

68 AM Jur. 2d Schools § 134 at 465

“Conduct must adversely affect the teacher-student relationship”