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I I I I I I I I I I I I I I I I I I I I I I I I I I I
UNEMPLOYMENT INSURANCE APPEALS
!NDJANA DEPARTMENT OF WORKFORCE DEVELOPMENT
100 N SENATE AVE
ROOM N-800
INDIANAPOLIS !N 46204-2277
APHDD9D11
CONFIDENTIAL RECORD PURSUANT TO lC 22-4-19-6, IC 4-1-6

IN THE MATTER OF: DECISION

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713575541APH009011 Set:2305 of 2805

CLAIMANT
KEVIN PACK Case Number: 63590

Claimant SSN: XXX-XX- XXXX

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EMPLOYER Local Office: 000 INTERSTATE
MIDDLEBURY COMMUNITY SCHOOLS
56853 NORTHRIDGE DR
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BYE: 04/11/2015
MIDDLEBURY !N 46540
Appel!ant: Employer

Appeal Date: June 26, 2014

Date Mailed: August 11, 2014

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ISSUE: Whether the employer discharged the claimant for just cause. IC 22-4-15-1 (d}(1-9).

This decision will become final unless the party receiving the adverse Decision appeals to the Review Board with fifteen
(15) calendar days after the mailing date of this decision. The appeal must be in writing and signed by the appealing
party. The appeal must contain the case number, the Claimant's social security number, and an explanation of the reason
for appeal. If the appealing party has additional information or documents that were not available at the time of the ALJ
hearing, a request to submit the additional evidence and the documents should be included with the letter of appeal to the
Review Board. The appeal should be mailed to: ATTN: Review Board. Department of Workforce Development UI
Review Board. 10 N Senate Ave .• Rm SE001. Indianapolis. IN 46204-2201. or by fax at /3171233-3348.

SUMMARY OF CASE:
On Thursday, June 26, 2014, the Employer filed an appeal to the deputy's determination, mailed or otherwise delivered on
Thursday, June 19, 2014. Administrative Law Judge JOHN POTOCKY conducted a hearing by telephone at 10:27 AM on
Friday, August 8, 2014.
The claimant appeared by phone. The c�aimant was reprasented by James Ayers, Attor:10y. The emp!oy:er appeared by
Jane Allen, Superintendent, and was represented Tim Shelly, Attorney, by phone.

Decision - Affirmed

FINDINGS OF FACT:
The claimant worked for the employer from August 6, 2013 until April 2, 2014 as a German teacher in a high school.
The claimant was discharged due to various issues with his performance and behavior_ There were allegations that two
different movies were shown that contained sexually suggestive material. The employer provided no copies of these
movies or images of what they contain. The claimant admitted that one movie did have sexually suggestive material, but
he did not show that portion to the class. In regards to the other movie, it allegedly contains a "showgirl". The claimant
admits that there was a character who worked in a cabaret and this took place in the 1930's. It was alleged that the movies

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