Teacher 's termination upheld by Court of Appeals, after remand from Michigan Supreme Court
The Court of Appeals followed the Michigan Supreme Court's direction and reconsidered Howard Hubbard's successful appeal of his termination by the Detroit Public Schools. The Court of Appeals had ruled that Hubbard--as a probationary employee--was not required to file a Notice of Exceptions prior to his appeal of the administrator's holding regarding his termination: the Court had also held that Hubbard's supervisor had violated the law by not providing Hubbard the statutory 60 days notice of deficiency.
The Supreme Court sent the case back to the Court of Appeals to reconsider, and the second time around the Appellate Court bowed to the will of the Supreme Court and sustained Hubbard's firing. The Court conluded that Hubbard had not perfected his appeal by filing the proper notice of exceptions immediately after the original decision. So the School System breached the statute and it doesn't matter; Hubbard didn't comply with a notice provision that did not appear to apply to him--and it destroys his claim.