MATTHEW HAWN v. SULLIVAN COUNTY BOARD OF EDUCATION, ET AL.

I concur with the majority’s conclusion that Mr. Hawn was not shown to have
engaged in unprofessional conduct. I also concur with the majority’s conclusion that Mr.
Hawn was shown to have committed an act of insubordination and that the trial court’s
judgment should be modified to reflect that this statutory ground for a tenured teacher’s
dismissal was proven pursuant to the Teacher Tenure Act. See Tenn. Code Ann. 49-5-
511(a)(2). I respectfully dissent, however, from the majority’s conclusion that the Board’s
dismissal of Mr. Hawn “over one isolated act of insubordination was excessive.” In
support of this conclusion, the majority refers to the trial court’s findings regarding Mr.
Hawn’s service record and other factors in determining that the consequence of dismissal
was excessive.