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DES MOINES, Iowa – The Iowa Court of Appeals on Tuesday reversed a lower court’s decision and reinstated the termination of a Dubuque high school teacher who was fired after using a racial slur while speaking to a student, ruling that a preponderance of evidence supported the school board’s finding of “just cause.”

In a unanimous opinion authored by Chief Judge Mary Tabor, the court found that Roger Poling’s conduct, regardless of his intent, had significantly impaired his ability to serve as an effective educator and role model at Hempstead High School.

The case stems from an incident near the end of the 2023 school year. According to court records, Poling, a multimedia teacher, stepped into a hallway to investigate a disturbance. He encountered a student, identified as K.C., whom he told to return to class. Poling alleged the student responded with a profane question that included the N-word. When Poling later attempted to escort the student to the assistant principal’s office, the student demanded to know why. Poling replied, “Because you said to me ‘What you looking at, N?’” repeating the full racial slur in the presence of other students and staff.

The incident was captured on cell phone video, with one clip going viral on TikTok and garnering over eight million views. The Dubuque Community School District placed Poling on administrative leave that same day, and Superintendent Amy Hawkins subsequently recommended his termination.

The Board of Directors for the district held a hearing in July 2023, after which it found just cause to terminate Poling’s teaching contract. The board cited two primary reasons from the termination notice: that Poling made an “inappropriate and racially derogatory statement directed toward a student” and that the incident resulted in a “loss of trust and confidence” in his ability to serve as a role model and maintain effective relationships.

A district court later reversed the board’s decision, finding insufficient evidence to support the just-cause finding. The judge in that case had focused on the fact that Poling was repeating the student’s statement, concluding that the slur was not “directed toward” the student. The judge also questioned the board’s reliance on hearsay evidence about the incident’s impact and suggested the termination was driven by the ensuing “social media onslaught.”

The Court of Appeals rejected that analysis, pointing to a different standard of review under Iowa Code section 279.18. The court noted that while they are not bound by the board’s decision, they are to give it weight, especially on matters of credibility.

“The board properly considered hearsay evidence corroborated by direct testimony,” Chief Judge Tabor wrote. The court highlighted testimony from school counselor Rebecca Fellenzer and Assistant Principal Karla Schwaegler, who detailed the immediate fallout within the school—students feeling unsafe, teachers expressing shame and anger, and some families open-enrolling their children to other schools.

A student who witnessed the incident, T.H., also testified that she would not take another class with Poling if he returned.

The appeals court found the district court’s focus on whether Poling was “repeating” the student’s statement was a misdirection. “It is immaterial for the just-cause analysis whether the student used the slur first. We care about the teacher’s conduct,” the opinion stated. The court further noted that Poling himself had testified that no context, even quoting a student, makes the use of a racial slur appropriate.

The court also dismissed the argument that social media pressure, rather than the incident itself, motivated the firing. “The evidence before the board focused on the fallout within Hempstead’s community and not the agitation outside the schoolhouse gate,” Judge Tabor wrote, citing testimony about the loss of trust among students and staff, and the “intolerable state of affairs” the board was tasked with resolving.

“A preponderance of competent evidence supports the board’s determination of just cause,” the opinion concluded. The Court of Appeals reversed the district court’s order and reinstated the board’s decision to terminate Poling’s contract.

Jason M. Craig of Ahlers & Cooney, P.C., who represented the school board, stated that the decision affirms the board’s authority to maintain a safe and effective learning environment. Charles Gribble of the Gribble Law Firm, representing Poling, did not immediately respond to a request for comment. The ruling is final with respect to the Court of Appeals.

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