No Determination Made On Gebhart’s Future With School District

Athletics Director Remains on paid administrative leave for now

Barry Gebhart, Fayetteville High School athletic director, sits in the back of a Benton County Sheriff's vehicle Wednesday, Oct. 23, 2013, after his bond hearing at the Benton County Courthouse Annex in Bentonville. Gebhart's bond was set at $75,000 while his arraignment hearing was scheduled for Dec. 2.

Barry Gebhart, Fayetteville High School athletic director, sits in the back of a Benton County Sheriff's vehicle Wednesday, Oct. 23, 2013, after his bond hearing at the Benton County Courthouse Annex in Bentonville. Gebhart's bond was set at $75,000 while his arraignment hearing was scheduled for Dec. 2.

Friday, October 25, 2013

FAYETTEVILLE — A teacher or administrator can be dismissed for several reasons under the Arkansas Teacher Fair Dismissal Law.

It isn’t clear if Barry Gebhart, high school athletic director, will be fired following his arrest Wednesday.

Gebhart, 50, was arrested in connection with Internet stalking of a child after an undercover investigation by the Benton County Sheriff’s Office’s Cyber Crime Unit. He was released from from the Benton County Jail on a $75,000 bond Wednesday.

Chris Lawson, who represents the School District and is a lawyer with the Friday, Eldredge and Clark firm, said a teacher or administrator can be fired for incompetence; conduct that interferes with the performance of duties; negligence; or other just causes following an investigation.

There’s no provision in the law that specifically covers criminal charges, Lawson said. Criminal charges could be covered under the just causes provision.

Lawson said Superintendent Vicki Thomas is working “very hard” to resolve the situation but he declined to discuss specifics.

The law applies to any certified person in a school district, teachers or administrators, said Greg Mones, the district’s human resources director.

The process to terminate the employee starts with written recommendation from the superintendent, Mones said. The letter of recommendation must be hand-delivered or sent by registered or certified mail and must spell out reasons for the recommendation.

The letter outlines the right to an appeal before the school board. The employee has 30 days from receipt of the letter to request a hearing before the board. The board then must schedule a hearing not less than five days and no more than 20 days once the hearing request is made, Mones said. The board has the final say on hiring or firing.

A section in the law covers a suspension that prohibits the teacher from being on school property, Mones added.

Thomas placed Gebhart on paid administrative leave Tuesday. His duties as athletic director are temporarily being handled by Steve Jacoby, Fayetteville High School principal, at the request of Thomas.

Mones said Gebhart didn’t teach any classes in his role as athletic director. His salary is $101,917.

According to his job description, the goal of his job is to develop and maintain an excellent athletic program. Specifically the athletics director is to supervise the assistant director and coaches; coordinator athletic events; ensure student eligibility requirements are met according to the Arkansas Activities Association; and build community support for athletics.