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The Tennessee Court of Appeals has ruled that Blount County Schools and Blount County Circuit Court erred in their handling of the firing of a Heritage High School teaching assistant in 2006.

Joseph "Joey" Bailey had been assigned to the Alternative In-School Suspension Program at Heritage High School before he was fired on Nov. 30, 2006, after two alleged incidents of inappropriate behavior.

He was suspended for 10 days without pay in March 2006 because of alleged sexually inappropriate remarks he made to a female student.

Bailey was later suspended with pay on Nov. 1, 2006, after a complaint of alleged sexual harassment and inappropriate behavior was filed against him by a fellow teacher. The complaint addressed an e-mail Bailey allegedly sent the teacher commenting on the way she and another teacher looked in jeans.

Following an investigation into the complaint, Dr. Jane Morton -- the school board's human rights officer and complaint manager -- sent Bailey a copy of an additional e-mail exchange that had allegedly transpired between Bailey and another teacher. These e-mails included comments by Bailey pertaining to sexual matters, and the school board deemed these comments inappropriate.

A Jan. 9, 2007, hearing concerning Bailey's termination was held before a personnel hearing officer. Bailey chose not to attend this hearing and his attorney, Kevin Shepherd, appeared on his behalf, cross-examined witnesses and argued in his favor. The personnel hearing officer advised Bailey in a Jan. 18, 2007. letter that his termination would be upheld.

On Jan. 31, 2007, Shepherd sent a letter to Blount County Director of Schools Alvin Hord notifying him that Bailey would be appealing the personnel officer's termination decision to the school board. Shepherd, however, notified school board attorney Rob Goddard in a Feb. 26, 2007, letter that his client was withdrawing his request for an appeal.

Bailey and his wife, Pamela Bailey, then filed a lawsuit in the Blount County Circuit Court on March 9, 2007, against the Blount County Board of Education and Hord.

Blount County Circuit Court Judge W. Dale Young granted a motion for summary judgment on May 4, 2007. The case was then dismissed on the grounds that Bailey had failed to exhaust all his administrative remedies before filing a lawsuit. The Baileys were also ordered on July 20, 2007, to pay the defendants' attorney's fees of nearly $2,056 upon a finding that the lawsuit "amounted to a frivolous complaint."

The Tennessee Court of Appeals ruled on Aug. 27 that Bailey was entitled to a hearing before his dismissal. "By dismissing Mr. Bailey from employment before affording him the right to a hearing, the Board acted in clear and blatant derogation of the plain language of the statute," said the ruling, written by Judge Sharon G. Lee.

His termination was "somewhat like calling 'timber' after the tree has already hit the ground," the opinion said.

As a result of Bailey's failure to receive proper due process, his termination is not legally binding. The appeals court also reversed the July 20, 2007 ruling that Bailey's lawsuit was frivolous.

"We're very pleased with the decision. It's very clear to the status of (Bailey's) employment and the (legal) procedure," said Shepherd. "I hope everyone will comply with this decision. We're making an offer to the other side to bring Bailey's pay-status (up-to-date) and let us know where his job stands in the system."

School officials are still consulting their future legal options, said Hord.