LOUISVILLE, Ky. (WDRB) -- A former Louisville Male High School principal fired over a cheating scandal is trying to get his job back.

David Mike was fired in October 2014 for "conduct unbecoming of a teacher."

He received his termination letter nearly a year after testing improprieties involving the ACT Compass Test were first alleged at Male High.

The letter said Mike did not create a proper testing environment and that he told a teacher to destroy documents that could have proven there was cheating happening.

Mike was fired and a tribunal later upheld that decision.

But Mike appealed his termination and now the case is back in court.

"They were totally wrong and a grave injustice occurred,” said Will Walsh, Mike’s attorney.

Walsh argued there wasn't enough evidence to prove the former principal knew about any cheating during the ACT tests.

"The tribunal says that because my client was a hands on principal that he would have known,” said Walsh.

Walsh called the tribunal process unfair.

"There's simply no evidence, no conclusive evidence that my client was ever put on notice what was going on,” Walsh said in court Thursday.

"The tribunal voted unanimously that Mr. Mike had done something very very wrong,” said Byron Leet, JCPS attorney.

Leet said the tribunal did find enough evidence that showed Mike allowed the ACT cheating to take place.

"The tribunal, the statutory jury selected to hear this case, heard evidence from 17 witnesses over the course of 3 days and reviewed two three-ring binders full of exhibits,” said Leet.

Leet says Mike may have even encouraged it.

"The allegation that a high school principal condoned, was aware of, allowed and or encouraged testing improprieties in this building and then engaged in some effort to cover it up by coaching witnesses on their way to be interviewed by investigators, that's not as a matter of law conduct unbecoming of a teacher? It most certainly is,” he said.

Judge James Shake says he'll make a decision in the next two weeks.
If he rules in favor of Mike, he can get his job back.

However, it would likely not be at Male, since that job has since been filled. 


Copyright 2015 WDRB News. All Rights Reserved.