603 N.W.2d 639
No. 111251.Supreme Court of Michigan.
October 26, 1999.
On order of the Court, the application for leave to appeal is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Teacher Tenure Commission in order to (1) determine if the dismissal of plaintiff by the school board was sought for the actual conduct at issue or in retaliation for plaintiff’s decision to pursue his right to an administrative hearing, seeBordenkircher v Hayes, 434 U.S. 357, 363 (1978), (2) reconsider the propriety of plaintiff’s one semester suspension, and (3) grant any appropriate relief. The Teacher Tenure Commission is further directed to remand the case to the Administrative Law Judge in order to cure any factual deficiencies in the record. In all other respects, the application for leave to appeal is DENIED.
We do not retain jurisdiction.
Young, Jr., and Markman, JJ., not participating.
Court of Appeals No. 200109.