dissenting:
I respectfully dissent. The majority concludes that Hall’s insubordination cannot constitute “an evident unfitness for teaching” as contemplated by S.C.Code Ann. § 59-25-430 (1990), thereby causing the Board’s decision to be controlled by an error of law. The majority, however, overlooks the evidence before the Board concerning Hall’s gross unprofessional conduct and insubordination. I believe that Hall’s insubordination, standing alone, constituted “an evident unfitness for teaching” and, given our scope of review, would reverse the trial court.
The General Assembly specifically empowered local school boards to “[ejmploy and discharge teachers.” S.C.Code Ann. § 59-19-90(2) (1990). Section 59-25-430 states that teachers may be dismissed at any time for “an evident unfitness for teaching.” In addition, section 59-25-430 provides a nonexclusive list of examples of unfitness for teaching, which, as the majority notes, includes: “persistent neglect of duty, willful violation of rules and regulations of district board of trustees, drunkenness, conviction of a violation of the law of this State or the United States, gross immorality, dishonesty, illegal use, sale or possession of drugs or narcotics.”
I agree with the majority that insubordination fits within the statutory framework of section 59-25-430. See Felder v. Charleston County Sch. Dist., 327 S.C. 21, 489 S.E.2d 191 (1997). Our common law reflects the general public policy that insubordination should not go unpunished. The supreme court defined insubordination as “a wilful or intentional disregard of the lawful and reasonable instructions of the employer.” Porter v. Pepsi-Cola Bottling Co., 247 S.C. 370, 374, 147 S.E.2d 620, 622 (1966). In Porter v. Pepsi-Cola Bottling Company, the court explored the policy behind permitting a termination of an employment contract for insubordination, stating:
Among the fundamental duties of the employees is the obligation to yield obedience to all reasonable rales, orders, and instructions of the employer, and wilful or intentional disobedience thereof, as a general rale, justifies a rescission of the contract of service and the peremptory dismissal of the employee, whether the disobedience consists in a disre*412gard of the express provisions of the contract, general rules or instructions, or particular commands. This rule is not restricted to employees in subordinate positions, but applies to those employed in executive or supervisory capacities, although with respect to the latter it is recognized that they are not bound to such strict adherence to directions as is one whose employment involves the exercise of less degree of responsibility and discretion. The fact that an employee holds a position of authority over others, involving the exercise of executory and supervisory powers, does not relieve him from the duty of obedience to orders of the superiors.
Id. at 375, 147 S.E.2d at 622. The supreme court revisited the insubordination issue again in Young v. McKelvey, 286 S.C. 119, 333 S.E.2d 566 (1985), where Justice Ness, in a concurring opinion, added, “In all employment contracts, the employee has an obligation to obey all reasonable rules, orders and instructions of his employer. As a general rule, willful disobedience will justify a recission of the employment contract and peremptory dismissal of the employee.” Id. at 124, 333 S.E.2d at 568 (citing Freeman v. King Pontiac Company, 236 S.C. 335, 114 S.E.2d 478 (1960)). Accordingly, insubordination can constitute such an egregious offense against the employer that it can be an evident unfitness for teaching. Each case must be judged by how material the insubordination was to the overall duties and responsibilities of the teacher.
I believe that the majority erroneously concludes that “the Board produced insufficient evidence that Hall’s alleged insubordination demonstrated evident unfitness for teaching.”1 While some instances of insubordination by a teacher may not affect fitness, this case is not one of them. According to the principal’s May 3, 1996, report, the principal first instructed Hall not to discuss the events of the field trip with other staff members because of other teachers’ attempts to mislead her concerning the facts of the field trip. Given the principal’s desire to uncover the truth about a situation that ultimately could have led to the termination of not only Hall but other teachers on the field trip, the principal’s instructions were *413eminently reasonable. After receiving the principal’s report, which conveyed the principal’s concerns that there was a concerted effort by some of the teachers to deceive her, the superintendent also ordered Hall not to discuss the case with other members of the staff. Likewise, the superintendent was acting reasonably by addressing the concerns of the parents and to protect the integrity of the school district. Hall's insubordination revolved around the grave subject of the unprofessional conduct of a number of teachers. The result of Hall’s decision to discuss the events of the field trip with other members of the staff was that she impeded the fact-finding mission of both her principal and her superintendent by forever tainting the results of their investigation. Thus, I think that the majority incorrectly ruled as a matter of law that Hall’s insubordination was not actionable as an evident unfitness for teaching under section 59-25-480.2
Whether Hall’s insubordination was material enough to affect her fitness as a teacher was a determination that the school board was particularly qualified to make. After hearing the evidence, the Board decided that Hall’s insubordination was egregious enough to warrant dismissal under section 59-25-430. We must affirm the Board’s decision if it is supported by substantial evidence. Kizer v. Dorchester County Vocational Educ. Bd. of Trustees, 287 S.C. 545, 548, 340 S.E.2d 144, 146 (1986) (‘“Substantial evidence’ is evidence which, considering the record as a whole, would allow reasonable minds to reach the conclusion that the Board reached or must have reached in order to justify its action.”). I believe that the majority opinion amounts to an improper substitution of their interpretation of the facts. In my view, there is substantial evidence to support the Board’s decision.
*414I,therefore, would reverse the trial court and reinstate the Board’s decision to terminate Hall under section 59-25-430.
. Obviously, a teacher's function encompasses more than that of' an instructor and a judgment on fitness to teach should be based on much more than just classroom performance.
. Any assertion by the majority that the Board should have proceeded under S.C.Code Ann. § 59-25-440 (1990) is misplaced. Section 59-25-440 requires the supervisor to first admonish a teacher for conduct which could lead to dismissal and then allow a reasonable time for improvement. Notice and a reasonable time for improvement cannot cure the damage cause by Hall’s insubordination. The damage caused by Hall’s insubordination was complete at the time of her insubordination. Assuming that Hall does not repeat her insubordination, section 59-25-440 would leave the board without recourse to punish Hall for her insubordination.