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Case Citation: Erb V. Iowa State Board Of Public Instruction

587 Words3 Pages

Legal Brief- Lane, Josephine Citation: Erb v. Iowa State Board of Public Instruction. Supreme Court of Iowa, 216 N.W.2d 339 (1974). Facts: In the spring of 1970, Richard Arlan Erb and Margaret Johnson, both teachers at Nishna Valley School, engaged in an extramarital affair. Robert Johnson got suspicious and hid in the trunk of his wife’s car. While hiding in the car, Robert discovered that it was indeed true. After approaching his lawyer, Robert Johnson was informed that he would need additional witnesses. One evening in June, Robert and others were able to obtain proof. Robert Johnson then filed a complaint against Richard Arlan Erb asking for Erb to be removed from the school. Richard Erb tried to tender his resignation to the school, however, it wasn’t accepted. The school board was unanimous in its decision of refusing Erb’s resignation. Erb was offered a position for the following school year. A notice of the hearing for revocation of Richard Erb’s teaching certificate was due to “moral turpitude” The State Board of Examiners voted five to four to revoke Richard Erb’s certificate. Trial court then upheld the revocation of the certificate. …show more content…

Ruling: The Trial court upheld the State Board of Examiner’s ruling that Erb’s certificate should be revoked due to the admittance of an adulterous affair (La Morte, 2012). The Supreme Court of Iowa reversed the decision. Rationale: There were three points that Erb argued. They

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