{ "id": 12169022, "name": "TIFFANY N. TOBE-WILLIAMS, Petitioner v. NEW HANOVER COUNTY BOARD OF EDUCATION; a/k/a NEW HANOVER COUNTY SCHOOLS, Respondent", "name_abbreviation": "Tobe-Williams v. New Hanover County Board of Education", "decision_date": "2014-06-17", "docket_number": "No. COA13-679", "first_page": "453", "last_page": "470", "citations": [ { "type": "official", "cite": "234 N.C. App. 453" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "615 S.E.2d 408", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633276 ], "year": 2005, "pin_cites": [ { "page": "413" } ], "opinion_index": 0, "case_paths": [ "/se2d/615/0408-01" ] }, { "cite": "649 S.E.2d 410", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12639189 ], "weight": 8, "year": 2007, "pin_cites": [ { "page": "415" }, { "page": "415" }, { "page": "415" }, { "parenthetical": "emphasis added" }, { "page": "415" }, { "page": "415" }, { "page": "418" } ], "opinion_index": 0, "case_paths": [ "/se2d/649/0410-01" ] }, { "cite": "632 S.E.2d 590", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12636332 ], "weight": 3, "year": 2006, "pin_cites": [ { "page": "594" }, { "page": "594" } ], "opinion_index": 0, "case_paths": [ "/se2d/632/0590-01" ] }, { "cite": "350 S.E.2d 880", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "pin_cites": [ { "page": "885", "parenthetical": "vacating Board's decision and remanding for new hearing where deficiencies in Board's findings and failure to resolve material conflicts in the evidence \"prevent[ed] [the Court] from discerning a substantive reason for the decision to terminate plaintiff'" } ], "opinion_index": 0 }, { "cite": "83 N.C. App. 461", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8358826 ], "year": 1986, "pin_cites": [ { "page": "469", "parenthetical": "vacating Board's decision and remanding for new hearing where deficiencies in Board's findings and failure to resolve material conflicts in the evidence \"prevent[ed] [the Court] from discerning a substantive reason for the decision to terminate plaintiff'" } ], "opinion_index": 0, "case_paths": [ "/nc-app/83/0461-01" ] }, { "cite": "N.C. Gen. Stat. \u00a7 287.1", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "pin_cites": [ { "page": "(d)" } ], "opinion_index": 0 }, { "cite": "321 S.E.2d 502", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "pin_cites": [ { "page": "506", "parenthetical": "holding that superintendent's recommendation for renewal of probationary teacher is only advisory and \"ultimate responsibility rests with the board\"" } ], "opinion_index": 0 }, { "cite": "71 N.C. App. 48", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8523740 ], "year": 1984, "pin_cites": [ { "page": "52", "parenthetical": "holding that superintendent's recommendation for renewal of probationary teacher is only advisory and \"ultimate responsibility rests with the board\"" } ], "opinion_index": 0, "case_paths": [ "/nc-app/71/0048-01" ] }, { "cite": "257 S.E.2d 71", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1979, "pin_cites": [ { "page": "74-75", "parenthetical": "\"While a Board of Education conducting a hearing . . . must provide all essential elements of due process, it is permitted to operate under a more relaxed set of rules than is a court of law[]\"" } ], "opinion_index": 0 }, { "cite": "42 N.C. App. 404", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8554596 ], "year": 1979, "pin_cites": [ { "page": "409", "parenthetical": "\"While a Board of Education conducting a hearing . . . must provide all essential elements of due process, it is permitted to operate under a more relaxed set of rules than is a court of law[]\"" } ], "opinion_index": 0, "case_paths": [ "/nc-app/42/0404-01" ] }, { "cite": "343 S.E.2d 225", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "pin_cites": [ { "page": "226" } ], "opinion_index": 0 }, { "cite": "80 N.C. App. 656", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8525387 ], "year": 1986, "pin_cites": [ { "page": "658" } ], "opinion_index": 0, "case_paths": [ "/nc-app/80/0656-01" ] }, { "cite": "212 S.E.2d 381", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 1975, "pin_cites": [ { "page": "386" }, { "page": "386", "parenthetical": "internal quotation marks omitted" }, { "page": "386" } ], "opinion_index": 0 }, { "cite": "286 N.C. 488", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8568958 ], "weight": 3, "year": 1975, "pin_cites": [ { "page": "496" }, { "page": "496" }, { "page": "496" } ], "opinion_index": 0, "case_paths": [ "/nc/286/0488-01" ] }, { "cite": "316 S.E.2d 281", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 4, "year": 1984, "pin_cites": [ { "page": "290-91" }, { "page": "291" } ], "opinion_index": 0 }, { "cite": "311 N.C. 42", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4686137 ], "weight": 2, "year": 1984, "pin_cites": [ { "page": "58" }, { "page": "58" } ], "opinion_index": 0, "case_paths": [ "/nc/311/0042-01" ] }, { "cite": "380 S.E.2d 513", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1989, "pin_cites": [ { "page": "517", "parenthetical": "quoting Faulkner v. New Bern-Craven Cnty. Bd. of Educ., 311 N.C. 42, 58, 316 S.E.2d 281, 290-91 (1984)" }, { "page": "517-18" } ], "opinion_index": 0 }, { "cite": "324 N.C. 546", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2484791 ], "year": 1989, "pin_cites": [ { "page": "553", "parenthetical": "quoting Faulkner v. New Bern-Craven Cnty. Bd. of Educ., 311 N.C. 42, 58, 316 S.E.2d 281, 290-91 (1984)" } ], "opinion_index": 0, "case_paths": [ "/nc/324/0546-01" ] }, { "cite": "64 S.E.2d 848", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1951, "pin_cites": [ { "page": "855" }, { "page": "855-56", "parenthetical": "internal citations omitted" } ], "opinion_index": 0 }, { "cite": "233 N.C. 493", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8611773 ], "year": 1951, "pin_cites": [ { "page": "503" } ], "opinion_index": 0, "case_paths": [ "/nc/233/0493-01" ] }, { "cite": "171 N.C. App. 649", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8438969 ], "year": 2005, "pin_cites": [ { "page": "655" } ], "opinion_index": 0, "case_paths": [ "/nc-app/171/0649-01" ] }, { "cite": "459 S.E.2d 820", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1995, "pin_cites": [ { "page": "824" } ], "opinion_index": 0 }, { "cite": "119 N.C. App. 644", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11916933 ], "year": 1995, "pin_cites": [ { "page": "650" } ], "opinion_index": 0, "case_paths": [ "/nc-app/119/0644-01" ] }, { "cite": "593 S.E.2d 764", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2004, "pin_cites": [ { "page": "769" } ], "opinion_index": 0 }, { "cite": "358 N.C. 190", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2986024 ], "year": 2004, "pin_cites": [ { "page": "199" } ], "opinion_index": 0, "case_paths": [ "/nc/358/0190-01" ] }, { "cite": "231 S.E.2d 882", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1977, "pin_cites": [ { "page": "888" } ], "opinion_index": 0 }, { "cite": "292 N.C. 70", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8567415 ], "year": 1977, "pin_cites": [ { "page": "80" } ], "opinion_index": 0, "case_paths": [ "/nc/292/0070-01" ] }, { "cite": "186 N.C. App. 566", "category": "reporters:state", "reporter": "N.C. App.", "year": 2007, "pin_cites": [ { "page": "572" } ], "opinion_index": 0 }, { "cite": "178 N.C. App. 646", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8379413 ], "weight": 2, "year": 2006, "pin_cites": [ { "page": "651" }, { "page": "652" } ], "opinion_index": 0, "case_paths": [ "/nc-app/178/0646-01" ] } ], "analysis": { "cardinality": 1391, "char_count": 44658, "ocr_confidence": 0.721, "pagerank": { "raw": 5.12982294956584e-08, "percentile": 0.32401116821868764 }, "sha256": "dad94b1d480f5c4909871ba3cb2e28e4220a8bf9903df8cfc9f11aa586974cf3", "simhash": "1:e9445052742a4e7a", "word_count": 6996 }, "last_updated": "2023-07-14T22:30:06.319137+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges STEPHENS and ERVIN concur." ], "parties": [ "TIFFANY N. TOBE-WILLIAMS, Petitioner v. NEW HANOVER COUNTY BOARD OF EDUCATION; a/k/a NEW HANOVER COUNTY SCHOOLS, Respondent" ], "opinions": [ { "text": "GEER, Judge.\nRespondent New Hanover County Board of Education (\u201cthe Board\u201d) appeals from an order reversing the Board\u2019s decision not to renew the contract of petitioner Tiffany N. Tobe-Williams. We conclude that the process employed by the Board in reaching its decision violated Ms. Tobe-Williams\u2019 procedural rights under N.C. Gen. Stat. \u00a7 115C-287.1(d) (2013) and under N.C. Gen. Stat. \u00a7 115C-325(b) (2013) when it based its decision not to renew Ms. Tobe-Williams\u2019 contract on evidence not contained in her personnel file and without giving her notice of that evidence and an opportunity to respond to it. Accordingly, we affirm the trial court\u2019s conclusion that the Board\u2019s decision was made upon unlawful procedure.\nHowever, the grounds for nonrenewal asserted by the Board are not arbitrary, capricious, personal, or political, and the record contains evidence that would support the Board\u2019s decision even though some of the Board\u2019s specific findings of fact are unsupported. We, therefore, reverse the trial court\u2019s order of reinstatement and remand to the Board for reconsideration of its decision after giving Ms. Tobe-Williams notice of the information that the Board intends to consider in making its decision and an opportunity to respond to that evidence.\nFacts\nMs. Tobe-Williams was employed by the Board as an assistant principal in the New Hanover County School District under a four-year contract from July 2008 to 30 June 2012. During the 2008-2009 academic year, Ms. Tobe-Williams worked at Myrtle Grove Middle School. During the course of that academic year, Ms. Tobe-Williams\u2019 relationship with her immediate supervisor, principal Robin Meiers, deteriorated due, in large part, to Ms. Tobe-Williams\u2019 concerns about the financial practices of the school treasurer, which Ms. Tobe-Williams believed were not in compliance with Board policies. Although Ms. Tobe-Williams expressed her concerns to Ms. Meiers on several occasions, she did not feel that Ms. Meiers adequately addressed the problem. The Human Resources Department encouraged Ms. Tobe-Williams to work with Ms. Meiers to resolve the issues.\nOn 19 June 2009, Ms. Tobe-Williams attempted to file a grievance by emailing Dr. John A. Welmers, Jr., the assistant superintendent for Human Resources, and expressing her dissatisfaction with the lack of response or guidance from Human Resources regarding her allegations of unethical financial practices. In the email, Ms. Tobe-Williams stated that if the matter was not resolved by the following Tuesday, she would contact the Department of Public Instruction to request a full investigation. She indicated that \u201cresolved MINIMALLY mean[t],\u201d among other things, that she be transferred to another school.\nDr. Welmers responded that Ms. Tobe-Williams\u2019 allegations concerning the treasurer were being investigated and that an internal auditor and Ms. Meiers had taken \u201cpersonnel action concerning the improvement of the treasurer\u2019s performance and put in place steps to ensure that the treasurer meets all of the school system\u2019s guidelines and regulations .. . .\u201d Dr. Welmers notified Ms. Tobe-Williams that her email did not constitute a formal grievance and explained to Ms. Tobe-Williams the guidelines of the Board\u2019s formal grievance policy, concluding that \u201c [i]f you believe one of these conditions [for which a grievance may be filed] exists that has not already been addressed by the school system, you certainly have every right to begin the formal grievance procedure.\u201d\nOn 10 July 2009, Ms. Tobe-Williams filed a formal grievance against Ms. Meiers, Dr. Welmers, and Dr. Susan Hahn, the Director of Human Resources. On 19 August 2009, then-superintendent Dr. Alfred H. Lerch, Jr. granted Ms. Tobe-Williams a transfer to Wrightsville Beach Elementary School (\u201cWBES\u201d), and Ms. Tobe-Williams agreed to drop her grievance. Superintendent Lerch requested that Ms. Meiers not complete an evaluation for Ms. Tobe-Williams for the 2008-2009 academic year.\nDuring the 2009-2010 academic year, Ms. Tobe-Williams had a successful year as an assistant principal at WBES, working under Principal Pansy R. Rumley. During her second year at WBES, on 21 and 25 January 2011, Ms. Tobe-Williams suffered allergic reactions while participating in a school clean up. Ms. Tobe-Williams came to believe that these allergic reactions and her subsequent health issues were related to the uncleanliness of the school and the possibility of black mold growing in the building. On 1 February 2011, Ms. Tobe-Williams\u2019 doctor wrote her a note stating she \u201cneeds time off from school until dust and black (mold?) [sic] cleaned up.\u201d\nIn response to an incident report relating to Ms. Tobe-Williams, the New Hanover County Schools Maintenance Operations Department completed an indoor air quality (\u201cIAQ\u201d) observation report on 28 January 2011. The N.C. Department of Environmental and Natural Resources Division of Environmental Health also inspected the school on 16 February 2011, while the New Hanover County Health Department conducted an inspection and tested for mold, allergens, and other health issues on 22 February 2011. None of the reports from these inspections indicated that mold was present in the school.\nOn 23 February 2011, Ms. Tobe-Williams met with Dr. Welmers; Mr. Bill Hance, the assistant superintendent of maintenance; and Dr. Jim Markley, the new superintendent of New Hanover County Schools. At the meeting, Ms. Tobe-Williams expressed her concerns regarding the presence of mold, the lack of cleanliness of WBES, and her dissatisfaction with the administration\u2019s response to her concerns. She believed the administration had deceived her by failing to timely provide her with information concerning the mold investigation, by failing to return her emails, and by not sharing with her pictures of the school that Mr. Hance had taken. Ms. Tobe-Williams requested that an IAQ examination be done at the school.\nMr. Hance explained to Ms. Tobe-Williams that no mold or other significant health issues had been found at the school by the Health Department. Regarding the cleanliness of WBES, Dr. Markley acknowledged that WBES\u2019s previous inspection reports showed that WBES had received the lowest overall score in the school system, but he explained that WBES nevertheless met the school system\u2019s general guidelines for cleanliness.\nOn 25 February 2011, Dr. Markley temporarily transferred Ms. Tobe-Williams to Alderman Elementary School (\u201cAES\u201d), effective 28 February 2011, to fill the position of an assistant principal who was on maternity leave. His letter to Ms. Tobe-Williams indicated the transfer was \u201cas a precaution for your health and safety due to the fact that you have alleged that you have become sick at work and that you believe it is due to poor indoor air quality... at [WBES]....\u201d He told Ms. Tobe-Williams that they were having the IAQ at WBES tested and that he would reassess her assignment once he received the results.\nMs. Tobe-Williams did not report to work at AES. Instead, she filed a grievance against Dr. Markley and sent an email to the Board\u2019s attorney maintaining that the transfer was \u201cin violation of federal OSHA regulations which prohibit employers from transferring employees due to workplace hazard complaints.\u201d She informed Dr. Markley that she would be out the first week of her temporary transfer due to multiple doctor appointments.\nAdditional IAQ testing of WBES was completed by Phoenix EnviroCorp on 25 February 2011, 7 March 2011, and 11 March 2011. Mr. Hance notified Ms. Tobe-Williams when he received the testing reports from Phoenix EnviroCorp and made copies of the reports available to Ms. Tobe-Williams. The results revealed that there were elevated levels of mold in one classroom, mobile classroom seven (\u201cMC-7\u201d). Phoenix EnviroCorp also conducted carbon dioxide monitoring in all the classrooms on 11 March 2011. The report concluded that the readings indicated \u201cpossible ventilation issues,\u201d but noted that all the measurements were \u201cwell below\u201d the OSHA Permissible Exposure Limit and the NIOSH Recommended Exposure limit for carbon dioxide. On Saturday, 12 March 2011, custodians throughout the New Hanover County School District conducted a \u201cthorough cleaning\u201d of WBES from 7:00 a.m. until 4:00 p.m.\nOn 22 March 2011, Ms. Rumley sent a letter to the parents of the students assigned to MC-7 explaining why the students had been moved from MC-7 to the library. The letter explained that the school was replacing the HVAC unit and that \u201c[o]nce everything is operational and a final air quality inspection is approved, the students will return to MC-7.\u201d Chris Peterson, the director of maintenance operations, reviewed the letter prior to its being sent to the parents and concluded that the information in the letter was accurate.\nOn 24 March 2011, Dr. Markley informed Ms. Tobe-Williams that the maintenance department had completed a thorough cleaning of the school, and the air quality in the building was \u201cgood\u201d with respect to levels of carbon dioxide and mold. He noted that the most recent tests had indicated that elevated mold spore levels were only found in one location, MC-7, and were \u201cnot elevated to a significant degree.\u201d As a \u201cprecautionary measure,\u201d Dr. Markley requested that Ms. Tobe-Williams not work in that area until further testing had been completed. Dr. Markley requested that Ms. Tobe-Williams return to WBES on 28 March 2011 unless her doctor advised her not to. Additionally, he noted that \u201c[i]f your doctor states that you should not return to that specific building or upon your return you experience any difficulties with breathing, ana-phylaxis, or other health conditions, we will take that information into consideration for accommodating your condition which may involve making other arrangements for your work site.\u201d\nMs. Tobe-Williams returned to work, and continued to pursue her grievances against WBES regarding cleanliness and IAQ. On 10 May 2011, Ms. Tobe-Williams testified and presented evidence at a hearing before the Board. After considering all the evidence presented at the hearing, the Board adopted and sent Ms. Tobe-Williams a written resolution, which concluded that Ms. Tobe-Williams\u2019 concerns did not rise to the level of a valid grievance.\nAfter the hearing, Ms. Tobe-Williams continued to raise complaints about the conditions at WBES, including a complaint on 25 May 2011 that a window in the media center had been screwed shut and posed a fire hazard. Ms. Tobe-Williams believed that the window was purposefully screwed shut as retaliation against her. The screws were removed promptly upon Ms. Tobe-Williams\u2019 request.\nThe following day, 26 May 2011, Ms. Tobe-Williams, appearing \u201cvisibly angry,\u201d confronted Ms. Rumley in her office and told Ms. Rumley that \u201cshe was the angriest that she had ever been, and it was up to [Ms. Rumley] whether the next ten days would be pleasant and amicable or not\u201d and that Ms. Tobe-Williams \u201ccould make life miserable by going to the news media regarding the issues with Mobile Classroom 7.\u201d Specifically, Ms. Tobe-Williams was upset about the window being screwed shut and about the letter that Ms. Rumley had sent to parents regarding MC-7. Ms. Tobe-Williams called Ms. Rumley a \u201cliar\u201d for stating in the letter that MC-7 had received \u201cA\u201d ratings on health department inspections.\nRegarding the window, Ms. Rumley informed Ms. Tobe-Williams that maintenance had screwed the window shut in an attempt to follow the energy policy of not opening windows when the air-conditioning was on. Ms. Rumley also produced for Ms. Tobe-Williams the inspection reports that she believed showed the \u201cA\u201d ratings for MC-7. Ms. Tobe-Williams explained that the \u201cA\u201d did not refer to the rating, but rather the \u201cstatus code.\u201d Following the meeting, Ms. Rumley notified Dr. Markley that she had misinterpreted the information on the inspection reports.\nDue to a reduction in funding, Ms. Tobe-Williams was transferred to Ogden Elementary School (\u201cOES\u201d) as an assistant principal for the 2011-2012 school year. Ms. Tobe-Williams completed the year under Principal Tammy Bruestle and received \u201cProficient\u201d and \u201cAccomplished\u201d ratings on her final evaluation. The evaluation noted, however, that Ms. Tobe-Williams could \u201cbe intimidating to staff members especially if they are under performing [sic].\u201d\nAt a Board meeting on 5 June 2012, Dr. Markley submitted to the Board a list of principals and assistant principals, including Ms. Tobe-Williams, with a recommendation that the Board renew their contracts. Prior to the Board\u2019s vote on the contracts, however, the Board requested additional time to review Ms. Tobe-Williams\u2019 personnel file and other records concerning Ms. Tobe-Williams\u2019 performance over the course of her four-year contract \u201cbecause [the Board] was aware of serious concerns about\u201d Ms. Tobe-Williams. As a result, the superintendent removed Ms. Tobe-Williams\u2019 name from consideration, and the Board did not vote on her contract at the 5 June 2012 meeting.\nAfter the 5 June 2012 meeting, the Board reviewed Ms. Tobe-Williams\u2019 personnel file, other information maintained by the New Hanover County Schools\u2019 Human Resources Department, and a memorandum submitted by Ms. Meiers regarding Ms. Tobe-Williams\u2019 performance during the 2008-2009 school year. Ms. Tobe-Williams was not contacted by the Board during this time. At the 10 July 2012 meeting, the superintendent again recommended that Ms. Tobe-Williams\u2019 contract be renewed. Nonetheless, the Board unanimously voted not to renew Ms. Tobe-Williams\u2019 contract and adopted a written resolution reflecting its decision.\nMs. Tobe-Williams appealed the nonrenewal decision to New Hanover County Superior Court on the grounds that the decision was arbitrary and capricious, not supported by substantial evidence, in excess of statutory authority, and affected by errors of law. The matter was heard on 17 December 2012 by the trial court. On 4 January 2013, the court entered an order reversing the Board\u2019s decision on the grounds that it was not supported by substantial evidence in the record, was arbitrary and capricious, and was based upon unlawful procedure in violation of N.C. Gen. Stat. \u00a7 115C-287.1. The Board timely appealed to this Court.\nDiscussion\n\u201cOn appeal of a decision of a school board, a trial court sits as an appellate court and reviews the evidence presented to the school board.\u201d Davis v. Macon Cnty. Bd. of Educ., 178 N.C. App. 646, 651, 632 S.E.2d 590, 594 (2006). The Board\u2019s decision not to renew an assistant principal\u2019s employment contract is subject to judicial review in accordance with Article 4 of the North Carolina Administrative Procedure Act (\u201cAPA\u201d). N.C. Gen. Stat. \u00a7 115C-287.1(d).\nUnder Article 4, N.C. Gen. Stat. \u00a7 150B-51(b) (2013), a trial court may reverse or modify the agency decision if it is:\n(1) In violation of constitutional provisions;\n(2) In excess of the statutory authority or jurisdiction of the agency or administrative law judge;\n(3) Made upon unlawful procedure;\n(4) Affected by other error of law;\n(5) Unsupported by substantial evidence admissible under G.S. 150B-29(a), 150B-30, or 150B-31 in view of the entire record as submitted; or\n(6) Arbitrary, capricious, or an abuse of discretion.\nErrors alleged under subsections (1) through (4) are reviewed de novo. N.C. Gen. Stat. \u00a7 150B-51(c). \u201cWhen conducting de novo review, the court considers the matter anew and may freely substitute its own judgment for the board\u2019s.\u201d Moore v. Charlotte-Mecklenburg Bd. of Educ., 186 N.C. App. 566, 572, 649 S.E.2d 410, 415 (2007).\nThe whole record test applies to claims that the Board\u2019s decision was unsupported by substantial evidence or was arbitrary, capricious, or an abuse of discretion. Davis, 178 N.C. App. at 652, 632 S.E.2d at 594. \u201cPursuant to the whole record test, the reviewing court examines all competent evidence to determine whether a school board\u2019s decision was based upon substantial evidence.\u201d Id. \u201cSubstantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.\u201d State ex rel. Comm\u2019r of Ins. v. N.C. Fire Ins. Rating Bureau, 292 N.C. 70, 80, 231 S.E.2d 882, 888 (1977).\n\u201cA court applying the whole record test may not substitute its judgment for the agency\u2019s as between two conflicting views, even though it could reasonably have reached a different result had it reviewed the matter de novo.\u201d Watkins v. N.C. State Bd. of Dental Exam\u2019rs, 358 N.C. 190, 199, 593 S.E.2d 764, 769 (2004). \u201cOnly when there is no substantial evidence supporting administrative action should the court reverse an agency\u2019s ruling.\u201d Mendenhall v. N.C. Dep\u2019t of Human Res., 119 N.C. App. 644, 650, 459 S.E.2d 820, 824 (1995).\nThis Court reviews the trial court\u2019s order for error of law. Moore, 185 N.C. App. at 572-73, 649 S.E.2d at 415. \u201cOur task is essentially twofold: \u2018(1) determining whether the trial court exercised the appropriate scope of review and, if appropriate, (2) deciding whether the court did so properly.\u2019 \u201d Id. at 573, 649 S.E.2d at 415 (quoting Alexander v. Cumberland Cnty. Bd. of Educ., 171 N.C. App. 649, 655, 615 S.E.2d 408, 413 (2005)).\nI\nThe Board first argues that the trial court erred in failing to dismiss the petition for lack of personal jurisdiction. The APA provides that \u201cthe person seeking review must file a petition within 30 days after the person is served with a written copy of the decision.\u201d N.C. Gen. Stat. \u00a7 150B-45(a) (2013). Additionally, \u201c[w]ithin 10 days after the petition is filed with the court, the party seeking the review shall serve copies of the petition by personal service or by certified mail upon all who were parties of record to the administrative proceedings.\u201d N.C. Gen. Stat. \u00a7 150B-46 (2013).\nHere, Ms. Tobe-Williams filed her petition on 9 August 2012, but the Board was not served by personal service or by certified mail until 5 September 2012, more than 10 days later. Service was, therefore, defective. In the Board\u2019s response to the petition, the Board asserted the defenses of insufficiency of process, insufficiency of service, and lack of personal jurisdiction pursuant to Rules 12(b)(4), (5), and (6) of the Rules of Civil Procedure, and moved to dismiss the petition.\nHowever, the issue of service and personal jurisdiction over the Board was not raised by either party at the 17 December 2012 hearing, and both parties presented arguments concerning the merits of the case. The Board did not request a ruling on its motion to dismiss, and the trial court proceeded to enter a decision on the merits.\n\u201cJurisdiction over the person of a defendant can be acquired only in two ways: (1) By service of process upon him, whereby he is brought into court against his will; and (2) by his voluntary appearance and submission.\u201d In re Blalock, 233 N.C. 493, 503, 64 S.E.2d 848, 855 (1951).\nAn appearance merely for the purpose of objecting to the lack of any service of process or to a defect in the process or in the service of it, is a special appearance. In such case the defendant does not submit his person to the jurisdiction of the court.\nOn the other hand, a general appearance is one whereby the defendant submits his person to the jurisdiction of the court by invoking the judgment of the court in any manner on any question other than that of the jurisdiction of the court over his person.\nA general appearance waives any defects in the jurisdiction of the court for want of valid summons or of proper service thereof.\nId. at 503-04, 64 S.E.2d at 855-56 (internal citations omitted).\nIn this case, by failing to raise the issue of jurisdiction at the hearing and by arguing the merits of the case, the Board submitted to the jurisdiction of the trial court and waived its personal jurisdiction defense. Accordingly, we hold that the trial court properly asserted jurisdiction over the Board, and we review the merits of this appeal.\nII\nThe Board next contends that the trial court erred in concluding that the Board\u2019s decision was made upon unlawful procedure. Because this question raises issues of law, we review it de novo.\nThe procedure for hiring school administrators, including assistant principals, is set out in N.C. Gen. Stat. \u00a7 115C-287.1. A school administrator is employed by the local board of education \u201cupon the recommendation of the superintendent\u201d for an initial contract term of up to four years \u201cending on June 30 of the final 12 months of the contract.\u201d N.C. Gen. Stat. \u00a7 115C-287.1(b). During the term of the contract, a school administrator may not be dismissed or demoted \u201cexcept for the grounds and by the procedure by which a career teacher may be dismissed or demoted as set forth in G.S. 115C-325.\u201d N.C. Gen. Stat. \u00a7 115C-287.1(c). This procedure includes the \u201cright to receive notice of an adverse recommendation by the superintendent, to be heard before a case manager and/or the board of education, to present evidence, and generally to defend against whatever the charges or allegations might be.\u201d Moore, 185 N.C. App. at 570, 649 S.E.2d at 413-14 (citing N.C. Gen. Stat. \u00a7 115C-325(h)-(j3) (2005)).\nHowever, the General Assembly has provided a different procedure for the decision whether to renew a school administrator\u2019s contract. If the superintendent intends to recommend that the school administrator\u2019s contract be renewed, the superintendent must \u201csubmit the recommendation to the local board for action,\u201d and the Board \u201cmay approve the superintendent\u2019s recommendation or decide not to offer the school administrator a new, renewed, or extended school administrator\u2019s contract.\u201d N.C. Gen. Stat. \u00a7 115C-287.1(d).\nOn the other hand,\n[i]f a superintendent decides not to recommend that the local board of education offer a new, renewed, or extended school administrator\u2019s contract to the school administrator, the superintendent shall give the school administrator written notice of his or her decision and the reasons for his or her decision no later than May 1 of the final year of the contract.- The superintendent\u2019s reasons may not be arbitrary, capricious, discriminatory, personal, or political. No action by the local board or further notice to the school administrator shall be necessary unless the school administrator flies with the superintendent a written request, within 10 days of receipt of the superintendent\u2019s decision, for a hearing before the local board. Failure to file a timely request for a hearing shall result in a waiver of the right to appeal the superintendent\u2019s decision. If a school administrator files a timely request for a hearing, the local board shall conduct a hearing pursuant to the provisions of G.S. 115C-45(c) and make a final decision on whether to offer the school administrator a new, renewed, or extended school administrator\u2019s contract.\nIf the local board decides not to offer the school administrator a new, renewed, or extended school administrator\u2019s contract, the local board shall notify the school administrator of its decision by June 1 of the final year of the contract. A decision not to offer the school administrator a new, renewed, or extended contract may be for any cause that is not arbitrary, capricious, discriminatory, personal, or political.\nId. (emphasis added).\nThus, when the superintendent recommends nonrenewal, the school administrator is entitled to notice of the grounds for the nonrenewal recommendation and, upon timely request, to a hearing before the Board. However, when the superintendent recommends renewal, the statute is silent as to the procedure by which the Board may accept or reject the recommendation and, more specifically, as to the school administrator\u2019s right to notice and a hearing.\nWe are not required to decide, in this case, whether a Board must conduct a full-blown hearing whenever a superintendent recommends renewal but the Board decides otherwise. It is apparent that the procedure that the Board used in this case is not one authorized by the statute and is not consistent with Chapter 115C when read as a whole.\nIn construing other provisions of Chapter 115C of the North Carolina General Statutes, our Supreme Court has emphasized:\n\u201cIn the exposition of a statute the intention of the lawmaker will prevail over the literal sense of the terms, and its reason and intention will prevail over the strict letter. When the words are not explicit, the intention is to be collected from the context, from the occasion and necessity of the law, from the mischief felt and the remedy in view, and the intention is to be taken or presumed according to what is consonant with reason and good discretion.\u201d\nTaborn v. Hammonds, 324 N.C. 546, 553, 380 S.E.2d 513, 517 (1989) (quoting Faulkner v. New Bern-Craven Cnty. Bd. of Educ., 311 N.C. 42, 58, 316 S.E.2d 281, 290-91 (1984)).\nThe Supreme Court further emphasized that when construing provisions in Chapter 115C, the following well-established principle of statutory construction applies: \u201c\u2018[A]ll statutes relating to the same subject matter shall be construed in pari materia and harmonized if this end can be attained by any reasonable interpretation.\u2019 \u201d Id. (quoting Faulkner, 311 N.C. at 58, 316 S.E.2d at 291)). Accordingly, in deriving the meaning of a particular provision of Chapter 115C, \u201cwe must examine it in the general context of North Carolina\u2019s public school laws . . . .\u201d Id., 380 S.E.2d at 517-18.\nIn Taylor v. Crisp, 286 N.C. 488, 496, 212 S.E.2d 381, 386 (1975), the Supreme Court held that \u201c[t]he manifest purpose\u201d of the statute then governing employment of teachers \u201cwas to provide teachers of proven ability for the children of this State by protecting such teachers from dismissal for political, personal, arbitrary or discriminatory reasons.\u201d It follows that the manifest purpose of N.C. Gen. Stat. \u00a7 115C-287.1(d) in prohibiting the nonrenewal of administrators\u2019 employment contracts for \u201carbitrary, capricious, discriminatory, personal, or political\u201d reasons is to ensure that North Carolina\u2019s schools are staffed with administrators of proven ability.\nThe procedural protections explicitly provided in N.C. Gen. Stat. \u00a7 115C-287.1(d) further this purpose. Specifically, the notice of an adverse recommendation by the superintendent alerts the school administrator that her future employment status is at risk and, more importantly, of the potential grounds for nonrenewal. The school administrator may then request a hearing before the school board in order to have an opportunity to contest the validity of the asserted grounds for nonrenewal and to specifically address the concerns of the superintendent and the school board.\nIn this case, however, the superintendent recommended the renewal of Ms. Tobe-Williams\u2019 contract and, therefore, the statute did not expressly require that she be given an opportunity to request a hearing. The Board urges that it was, under the plain language of N.C. Gen. Stat. \u00a7 115C-287.1, free, without conducting a hearing, to \u201cdecide[] not to offer the school administrator a new, renewed, or extended school administrator\u2019s contract.\u201d However, in this case, the Board did not simply reject the superintendent\u2019s recommendation.\nInstead, the Board determined that it needed more information. As its resolution regarding the nonrenewal of Ms. Tobe-Williams\u2019 contract stated, the Board, upon receipt of the superintendent\u2019s 5 June 2012 recommendation, \u201cchose not to renew Ms. Tobe-Williams\u2019 contract at that time because it was aware of serious concerns about Ms. Tobe-Williams. The Board asked for an opportunity to review documentation of Ms. Tobe-Williams\u2019 performance and conduct.\u201d The resolution indicated that the Board members \u201cthen reviewed extensive documentation concerning Ms. Tobe-Williams which was maintained by the Human Resources Department, including rebuttals and explanations provided by Ms. Tobe-Williams.\u201d At the 12 July 2012 Board meeting, \u201cBoard Members discussed Ms. Tobe-Williams\u2019 performance and conduct with the Superintendent and others and discussed the documentation they had reviewed.\u201d (Emphasis added.)\nNothing in the Board\u2019s resolution indicates that it limited its review to materials in Ms. Tobe-Williams\u2019 personnel file - materials of which Ms. Tobe-Williams would have had notice. See N.C. Gen. Stat. \u00a7 115C-325(b) (2013) (providing \u201c[t]he personnel file shall be open for the teacher\u2019s inspection at all reasonable times\u201d and requiring five days\u2019 notice to teachers before material is placed in personnel file). Indeed, even though, after a dispute arose between principal Robin Meiers and Ms. Tobe-Williams, a prior superintendent had expressly determined that Ms. Meiers should not prepare an evaluation for academic year 2008-2009, Ms. Meiers was asked to provide the Board with a memo describing, three years after the fact, what Ms. Tobe-Williams\u2019 ratings would have been had Ms. Meiers evaluated her formally. Moreover, our review of the administrative record suggests that additional documentation reviewed by the Board was likely not included in Ms. Tobe-Williams\u2019 personnel file prior to the superintendent\u2019s having recommended her renewal.\nReview of the Board\u2019s resolution also reveals that the Board in fact relied on documentation, including Ms. Meiers\u2019 memo, in makings its nonrenewal decision. The Board even found that \u201c[fjurther investigation by the Board has revealed that at least two teachers at Ogden Elementary School asked the Principal not to let Ms: Tobe-Williams evaluate them because Ms. Tobe-Williams had intimidated them and they did not believe they could be evaluated fairly by Ms. Tobe-Williams.\u201d (Emphasis added.) In short, the Board conducted, unbeknownst to Ms. Tobe-Williams, its own investigation and then, at a Board meeting, interviewed unspecified witnesses about her performance and discussed documentation related to that performance. In other words, the Board effectively conducted a hearing without notice to or participation by Ms. Tobe-Williams.\nThe procedure followed by the Board in this case - in which the Board conducted its own investigation, solicited the creation of documentation, reviewed documentation not contained in the personnel file, and interviewed witnesses -- is not specifically authorized by the statute and is not consistent with Chapter 115C when read as a whole. Moreover, our research has failed to uncover any decision by our courts suggesting that such a procedure is permissible.\nN.C. Gen. Stat. \u00a7 115C-325 \u201cgoverns the hiring, firing, tenure and resignations of public schoolteachers; and its definition of \u2018teacher\u2019 includes those who directly supervise teaching,\u201d such as principals and assistant principals. Warren v. Buncombe Cnty. Bd. of Educ., 80 N.C. App. 656, 658, 343 S.E.2d 225, 226 (1986). Before setting out the procedures for the hiring and firing of employees, the statute provides the following regarding personnel files:\nThe superintendent shall maintain in his office a personnel file for each teacher that contains any complaint, commendation, or suggestion for correction or improvement about the teacher\u2019s professional conduct, except that the superintendent may elect not to place in a teacher\u2019s file (i) a letter of complaint that contains invalid, irrelevant, outdated, or false information or (ii) a letter of complaint when there is no documentation of an attempt to resolve the issue. The complaint, commendation, or suggestion shall be signed by the person who makes it and shall be placed in the teacher\u2019s file only after five days\u2019 notice to the teacher. Any denial or explanation relating to such complaint, commendation, or suggestion that the teacher desires to make shall be placed in the file. Any teacher may petition the local board of education to-remove any information from his personnel file that he deems invalid, irrelevant, or outdated. The board may order the superintendent to remove said information if it finds the information is invalid, irrelevant, or outdated.\nN.C. Gen. Stat. \u00a7 115C~325(b) (emphasis added).\nThus, employees, including administrators, are expressly provided notice of the inclusion of any materials in their personnel files and receive an opportunity to address those materials. It is evident by the inclusion of this provision at the beginning of N.C. Gen. Stat. \u00a7 115C-325 - the section of Chapter 115C governing employment contracts - that the General Assembly intended to protect employees from the inclusion of unfair, untrue, incomplete, or outdated information in their personnel files that might adversely affect their employment status. This provision is also inconsistent with a construction of N.C. Gen. Stat. \u00a7 115C-287.1(d) that would allow a school board unfettered discretion regarding what it may consider when making an employment decision without a hearing.\nWhile we recognize that school boards have wide discretion to consider evidence introduced at a hearing, Baxter v. Poe, 42 N.C. App. 404, 409, 257 S.E.2d 71, 74-75 (1979) (\u201cWhile a Board of Education conducting a hearing . . . must provide all essential elements of due process, it is permitted to operate under a more relaxed set of rules than is a court of law[]\u201d), there was no hearing in this case. Therefore, the Board\u2019s decision was based, at least in part, upon information - including documentation and interviews - to which Ms. Tobe-Williams had never been given any opportunity to respond. We cannot conclude that the General Assembly intended such a result given the careful protections that the legislature has granted regarding the contents of an employee\u2019s personnel file.\nFurther, \u201c[i]t is fully established that the language of a statute will be interpreted so as to avoid an absurd consequence.... Where a literal reading of a statute will lead to absurd results, or contravene the manifest purpose of the Legislature, as otherwise expressed, the reason and purpose of the law shall control and the strict letter thereof shall be disregarded.\u201d Taylor, 286 N.C. at 496, 212 S.E.2d at 386 (internal quotation marks omitted).\nIn N.C. Gen. Stat. \u00a7 115C-287.1(d), the General Assembly has specifically provided for a hearing before the Board only if the superintendent has recommended nonrenewal, as the Board argues. Nevertheless, to allow the Board, when the superintendent has in fact recommended renewal, to conduct its own investigation, to consider documentation outside of the administrator\u2019s personnel file, and to question witnesses without notice to the administrator, would lead to an absurd consequence that is inconsistent with \u201c[t]he manifest purpose\u201d of the statute to provide administrators \u201cof proven ability for the children of this State by protecting such [administrators] from dismissal for political, personal, arbitrary or discriminatoiy reasons.\u201d Taylor, 286 N.C. at 496, 212 S.E.2d at 386.\nThe construction urged by the Board in this case would provide extensive procedural protections to an administrator whose performance was poor enough to merit a nonrenewal recommendation from the superintendent, but deny an administrator actually recommended for renewal by the superintendent of any opportunity to ensure simply that information considered by the Board was not \u201cinvalid, irrelevant, [or] outdated,\u201d N.C. Gen. Stat. \u00a7 115C-325(b), or \u201carbitrary, capricious, discriminatory, personal, or political,\u201d N.C. Gen. Stat. \u00a7 115C-287.1(d).\nFurthermore, the Board\u2019s construction would grant more procedural protection when the concerns originated with the superintendent, whose recommendation is only advisory, than when the concerns originated with those who have the ultimate decision making authority - the Board itself. See Abell v. Nash Cnty. Bd. of Educ., 71 N.C. App. 48, 52, 321 S.E.2d 502, 506 (1984) (holding that superintendent\u2019s recommendation for renewal of probationary teacher is only advisory and \u201cultimate responsibility rests with the board\u201d).\nWe recognize that in the context of a renewal of a probationary teacher\u2019s contract, this Court rejected the teacher\u2019s argument that she had a statutory right to a hearing where \u201cN.C. Gen. Stat. \u00a7 115C-325(m) (2) [(2005)] - the provision specifically setting forth the rights of probationary teachers - fails to expressly provide any right to a hearing before the Board.\u201d Moore, 185 N.C. App. at 573, 649 S.E.2d at 415.\nThis Court explained that, in contrast to the provision providing the rights of probationary teachers, the General Assembly expressly requires prior notice to school administrators and career teachers from the superintendent \u201cregarding a recommendation that may adversely affect the employee\u2019s future status.\u201d Id. at 574, 649 S.E.2d at 415. In reference to the provisions of N.C. Gen. Stat. \u00a7 287.1(d), the Court reasoned \u201c[t]he existence of language granting administrators the right to a hearing \u2018pursuant to the provisions of G.S. 115C-45(c)\u2019 confirms that when the General Assembly intended to afford notice and hearing rights, it did so in unambiguous terms.\u201d 185 N.C. App. at 577-78, 649 S.E.2d at 418.\nIn Moore, however, the contract renewal procedures in N.C. Gen. Stat. \u00a7 115C-325(m)(2) (2005) did not provide notice and hearing rights to probationary teachers under any circumstances, thus showing an intent on the part of the General Assembly to treat probationary teachers differently from school administrators and career teachers and provide them with less procedural protection. Here, in contrast to Moore, the question is not whether the General Assembly intended to afford school administrators, as a class of employee, with notice and hearing rights in the contract renewal process, but rather under what circumstances are such procedural protections triggered. To hold that when a superintendent recommends renewal, a Board may conduct its own investigation, and an administrator has no right to notice or an opportunity to be heard in any form regarding that investigation, would be an absurd result inconsistent with other provisions in Chapter 115C. We decline to adopt such a construction of N.C. Gen. Stat. \u00a7 115C-287.1(d).\nReading N.C. Gen. Stat. \u00a7 115C-287.1(d) in pari materia with other provisions in Chapter 115C and considering the overall purpose of N.C. Gen. Stat. \u00a7 115C-287.1(d), as directed by Taylor and Tabom, we hold that in deciding whether \u201cto offer the school administrator a new, renewed, or extended school administrator\u2019s contract,\u201d N.C. Gen. Stat. \u00a7 115C-287.1(d), if the superintendent recommends that an administrator\u2019s contract be renewed, the Board is limited to reviewing the administrator\u2019s personnel file as it exists at that time and the superintendent\u2019s recommendation. In the event the Board has concerns regarding renewal that cannot be resolved by review of the administrator\u2019s personnel file, we hold that the Board may not consider documentation outside the administrator\u2019s personnel file or question witnesses -- effectively holding a hearing - without providing (1) notice of the Board\u2019s concerns and of the information that the Board is considering and (2) an opportunity to the administrator to respond to that information.\nHere, the superintendent recommended that Ms. Tobe-Williams\u2019 contract be renewed at the 5 June 2012 board meeting. The Board asked the superintendent to remove Ms. Tobe-Williams from the list of assistant principals he recommended for renewal because \u201cit was aware of serious concerns\u201d about Ms. Tobe-Williams and needed more time to \u201creview documentation of Ms. Tobe-Williams\u2019 performance and conduct.\u201d The Board\u2019s removal of Ms. Tobe-Williams from the recommendation list had the same effect as a recommendation for nonrenewal: it placed Ms. Tobe-Williams\u2019 future employment status at risk based upon certain concerns about Ms. Tobe-Williams. Therefore, to carry out the intent of the General Assembly, the Board should have notified Ms. Tobe-Williams of her removal from the recommendation list and given her an opportunity to respond to any information that the Board was considering that was not included in her personnel file.\nAccordingly, we hold that the procedure employed by the Board in this case violated Ms. Tobe-Williams\u2019 procedural rights under N.C. Gen. Stat. \u00a7 115C-287.1(d) and N.C. Gen. Stat. \u00a7 115C-325(b). Those violations resulted in a record that does not include any information that Ms. Tobe-Williams might have submitted had she been given the opportunity to do so, and, to that extent, is insufficient for a determination whether the Board\u2019s non-renewal decision was \u201carbitrary, capricious, discriminatory, personal, or political.\u201d N.C. Gen. Stat. \u00a7 115C-287.1(d).\nThe trial court, however, concluded that the Board\u2019s decision was not supported by substantial evidence in the record and was arbitrary and capricious. Accordingly, it reversed the Board\u2019s decision and ordered Ms. Tobe-Williams\u2019 reinstatement. After carefully reviewing the record, we hold that, although some of the Board\u2019s specific factual findings axe not supported by evidence in the record, there is substantial evidence to support the Board\u2019s ultimate findings. Those findings articulate grounds for nonrenewal that are not arbitrary, capricious, discriminatory, personal, or political. Since the record reveals that there may be a non-prohibited basis for nonrenewal, we reverse the trial court\u2019s order of reinstatement.\nNevertheless, because Ms. Tobe-Williams has not yet had an opportunity to respond to the evidence gathered and considered by the Board, we reverse the Board\u2019s decision and remand for the Board to reach a new decision after properly allowing Ms. Tobe-Williams an opportunity to be heard regarding the information that the Board intends to consider that was not included in her personnel file at the time the superintendent recommended renewal of her contract. See Taborn v. Hammonds, 83 N.C. App. 461, 469, 350 S.E.2d 880, 885 (1986) (vacating Board\u2019s decision and remanding for new hearing where deficiencies in Board\u2019s findings and failure to resolve material conflicts in the evidence \u201cprevent[ed] [the Court] from discerning a substantive reason for the decision to terminate plaintiff\u2019). Because of our resolution of this appeal, we need not address the remainder of the Board\u2019s arguments.\nAffirmed in part; reversed in part; and remanded.\nJudges STEPHENS and ERVIN concur.\n. Significantly, as the formal evaluations in Ms. Tobe-Williams\u2019 personnel file indicate, if Ms. Meiers had prepared a formal evaluation, Ms. Tobe-Williams would have seen the evaluation and had an opportunity to comment in writing.\n. We note that Ms. Tobe-Williams learned only on 12 July 2012 that material had been added to her personnel file - two days after the Board had already decided not to renew her contract. She received a copy of her personnel file on 18 July 2012, more than a week after the decision.", "type": "majority", "author": "GEER, Judge." } ], "attorneys": [ "The Leon Law Firm, P.C., by Mary-Ann Leon; and The McGuinness Law Firm, by J. Michael McGuinness, for petitioner-appellee.", "Tharrington Smith, L.L.P., by Deborah R. Stagner, for respondent-appellant.", "N.C. School Boards Association, by Allison B. Schafer and Christine T. Scheef for Amicus Curiae North Carolina School Boards Association.", "N.C. Association of Educators, by Ann McColl and Carrie Bumgardner, for Amicus Curiae North Carolina Association of Educators." ], "corrections": "", "head_matter": "TIFFANY N. TOBE-WILLIAMS, Petitioner v. NEW HANOVER COUNTY BOARD OF EDUCATION; a/k/a NEW HANOVER COUNTY SCHOOLS, Respondent\nNo. COA13-679\nFiled 17 June 2014\n1. Appeal and Error\u2014preservation of issues\u2014jurisdiction \u2014waiver\nThe trial court properly asserted jurisdiction over a board of education, and the appeal was reviewed on the merits, where the board submitted to the jurisdiction of the trial court and waived its personal jurisdiction defense by failing to raise jurisdiction at the hearing and by arguing the merits of the case.\n2. Schools and Education\u2014assistant principal\u2014reinstatement\u2014notice and opportunity to be heard\nA trial court order requiring that an assistant principal be reinstated was remanded where the superintendent had recommended renewal but the Board of Education (Board) decided otherwise after conducting its own investigation and effectively conducting a hearing without notice or participation by petitioner. On remand, the Board is to reach a decision after properly allowing petitioner an opportunity to be heard regarding the information that the Board intends to consider that was not included in her personnel file at the time the superintendent recommended renewal of her contract.\nAppeal by respondent from order entered 4 January 2013 by Judge W. Allen Cobb, Jr. in New Hanover County Superior Court. Heard in the Court of Appeals 7 November 2013.\nThe Leon Law Firm, P.C., by Mary-Ann Leon; and The McGuinness Law Firm, by J. Michael McGuinness, for petitioner-appellee.\nTharrington Smith, L.L.P., by Deborah R. Stagner, for respondent-appellant.\nN.C. School Boards Association, by Allison B. Schafer and Christine T. Scheef for Amicus Curiae North Carolina School Boards Association.\nN.C. Association of Educators, by Ann McColl and Carrie Bumgardner, for Amicus Curiae North Carolina Association of Educators." }, "file_name": "0453-01", "first_page_order": 463, "last_page_order": 480 }