The district court overturns the termination of a Dubuque teacher accused of using racial slurs in a social media video

DUBUQUE, Iowa (KCRG) – A district court has overturned the decision to terminate the contract of a Dubuque Hempstead teacher who was fired after a video of him using a racial slur was shared on social media.

Roger Poling, a Dubuque Hempstead High School employee, was racially abused in a short video in front of a black student in May 2023.

However, according to a district court ruling, the school board’s decision to terminate Poling’s contract ignores the context at the time Poling uttered the slur.

The ruling states that Poling repeated that word to the student to explain the student’s misconduct.

The court said that while the repetition of the word was abhorrent, the Board’s decision to ignore the context in which the exchange occurred diminished the Board’s finding of just cause.

Poling testified that when he tried to get students to return to their respective classrooms, one student gave him a “smart” answer, another pretended he didn’t speak English, and a third student said to Poling : “What the hell if you n(-word).”

When Poling spoke to the student, he asked, “What did I do” or “What did I say?”

To which Poling initially responded: “You know what you said.”

After further questions from the student, Poling said, “They said, ‘What’s the point of looking at n(-word)?'”

Students can then be heard screaming in response to what Poling said in the short video that went viral. However, the court said surveillance video, which shows more of the context, also shows the student running away laughing or smiling.

In its ruling, the court called the Dubuque Community School Board’s decision “reactive rather than proactive” regarding the way it addressed the issue.

It also said that the panel’s decision was not based on substantial evidence and that it was “irrational and arbitrary” “by weighing the entire approximately five-minute encounter against Poling’s previous performance and relying on improperly admitted evidence.”

The court said the school board also missed a teachable moment when it could have educated students and teachers about the mutual respect needed in a school to promote a safe and inclusive environment.

After his termination was reversed, Poling was reinstated.

The Dubuque Community School District responded that it is “obviously disappointed with the Iowa District Court’s decision and we believe the board acted appropriately in this matter.” We are working with the district’s legal counsel to approve the decision in its entirety review and determine next steps, including discussing possible options for appealing the decision.”

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