Appeals; costs and damages.

Checkout our iOS App for a better way to browser and research.

(A) The decision of the district board of trustees is final, unless within thirty days afterward an appeal is made to the court of common pleas of any county in which the major portion of such district lies.

(B) Notice of the appeal and the grounds thereof shall be filed with the district board of trustees. The district board shall, within thirty days thereafter, file a certified copy of the transcript record with the clerk of such court. An appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules. If the decision of the board is reversed on appeal, on a motion of either party the trial court shall order reinstatement and shall determine the amount for which the board shall be liable for actual damages and court costs. In no event shall any liability extend beyond two years from the effective date of dismissal. Amounts earned or amounts earnable with reasonable diligence by the person wrongfully suspended shall be deducted from any back pay.

HISTORY: 1962 Code Section 21-368; 1974 (58) 2343; 1999 Act No. 55, Section 54; 2016 Act No. 221 (H.3560), Section 5, eff June 3, 2016.

Effect of Amendment

2016 Act No. 221, Section 5, inserted the paragraph designators, and corrected archaic language.


Download our app to see the most-to-date content.