Bauer v. Beaufort County School District

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

John Alden Bauer, III, Appellant,

v.

Beaufort County School District, Respondent.

Appellate Case No. 2016-000955

Appeal From Beaufort County
Marvin H. Dukes, III, Master-in-Equity and Special
Circuit Court Judge

Unpublished Opinion No. 2018-UP-329
Submitted June 1, 2018 – Filed July 18, 2018

AFFIRMED

John Alden Bauer, III, pro se.

David T. Duff and David Nelson Lyon, of Duff & Childs,
LLC, of Columbia; and Drew Henderson Davis, of
Beaufort County School District, of Beaufort, all for
Respondent.

PER CURIAM: John Alden Bauer, III, appeals the circuit court order affirming
the decision of the Beaufort County School District Board of Education (the
Board) to terminate his employment. On appeal, Bauer argues the circuit court
erred in affirming his termination because (1) the Board terminated him without a
hearing; (2) the Board failed to hold a timely hearing; (3) false documents were
admitted into evidence; (4) the Board improperly weighed his decision not to
testify, seventeen documents went missing, and the Board's counsel improperly
influenced the Board; and (5) the Board committed "[a]dditional [v]iolations,"
including never issuing any charges against him and providing no evidence he was
unfit to teach. We affirm1 pursuant to Rule 220(b), SCACR, and the following
authorities:

1. As to Bauer's arguments that the Board never issued any charges against him
and provided no evidence he was unfit: Felder v. Charleston Cty. Sch. Dist., 327
S.C. 21, 25, 489 S.E.2d 191, 193 (1997) ("Judicial review of a school board
decision terminating a teacher is limited to a determination whether it is supported
by substantial evidence. The court cannot substitute its judgment for that of the
school board."); Laws v. Richland Cty. Sch. Dist. No. 1, 270 S.C. 492, 495-96, 243
S.E.2d 192, 193 (1978) ("[]Substantial evidence[] is not a mere scintilla of
evidence nor the evidence viewed blindly from one side of the case, but is evidence
which, considering the record as a whole, would allow reasonable minds to reach
the conclusion that the administrative agency reached or must have reached in
order to justify its action.").

2. As to Bauer's remaining arguments: Lee Cty. Sch. Dist. Bd. of Trs. v. MLD
Charter Sch. Acad. Planning Comm., 371 S.C. 561, 566, 641 S.E.2d 24, 27 (2007)
(holding that issues "not raised to and ruled on by the administrative agency" are
not preserved for appellate review).

AFFIRMED.

SHORT, THOMAS, and HILL, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.