The opinion
PREWITT, Presiding Judge,
dissenting.
I respectfully dissent.
Before Appellant State Board of Education made a decision, Appellant Springfield R-12 School District and Respondent entered into a stipulation, including the following:
11. District and Howard recognize that the State Board of Education has the authority, pursuant to § 168.071, R.S.Mo., to revoke or suspend Howard’s certificate of license to teach. District would not oppose the imposition of a suspension of Howard’s certificate of license to teach for a period of not less than six (6) months. The decision as to the length of the suspension beyond that point, and the conditions for the lifting of such suspension, shall be in the discretion of the State Board of Education.
12. If a hearing were to take place, Howard would present evidence in her defense tending to support the following:
a. That on August 6, 1990, and for at least eight months preceding August 6, 1990, Howard was under the care, treatment, and advice of Dr. James E. Bright, 1965 South Fremont Avenue, Suite 2100, Springfield, Missouri (“Bright”), a psychiatrist at all times relevant to this stipulation to practice psychiatry in the State of Missouri, for depression and mania;
b. That during the course of her treatment by Bright, and in the above described period, she was prescribed the following medications to control her condition: Aventyl, Artane, Stelazine, Prolixin, Wellbutrin, Anafranil, Limbitrol, and Hal-dol;
c. That her general physician, Dr. Don Menchetti, had prescribed, among other medications, Prozac to treat her depressive symptoms in December, 1989;
d. That Howard experienced undesirable side effects associated with one or more of these medications, and that the undesirable side effects either:
(1) Caused aberrant behavior in Howard, or
(2) Caused Howard to avoid taking one or more of these medications thereby resulting in aberrant behavior related to her mania and/or depressive disorder;
e. Any aberrant behavior exhibited by Howard was a result of her mental disorder or its treatment, and not attributable to a lack of morality or intent to commit immoral acts;
f. That since September 12,1990, Howard has been under the care, treatment, and advice for her mental condition of Dr. Laird E. Jones, 1740 South Glenstone Avenue, Suit IJ, Springfield, Missouri (“Jones”), a psychiatrist at all times relevant to the stipulation herein licensed to practice psychiatry in the State of Missouri;
g. That during the course of her treatment by Jones, and in the period subse *894 quent to September 12, 1990 and continuing to the date of this stipulation, Howard has been treated with Lithium, among other medications, to regulate her condition and symptoms, and that Howard has demonstrated improvement with respect to her mental disorder;
h. That Jones expects Howard’s condition to continue to improve, and that he believes that Howard will continue to show improvement with respect to her condition, allowing her to resume normal duties and responsibilities in a classroom setting, and preventing a reoccurrence of any aberrant behavior patterns; and
i. That Jones believes that Howard will continue to take her prescribed medication, and has no reason to believe that Howard will willfully or negligently fail to take her prescribed medication.
13. Howard and the District agree that a suspension as described above would be in the best interests of Howard, District, DESE [Department of Elementary and Secondary Education], and the students and children of the State of Missouri, and that Howard will be afforded a full opportunity to have the suspension lifted by the State Board of Education upon presentation by Howard, her treating physicians, and others of competent evidence demonstrating that she is capable of resuming full classroom duties and responsibilities as reasonably required by the State Board of Education.
Respondent’s conduct was so outlandish as to indicate irrational and unintended acts on her part. Appellants do not contend otherwise. Whether from these facts intent could be found or inferred is not raised by Appellants and thus not before this Court. Nor does either Appellant contend that the acts with which Howard was charged were done with conscious intent or conscious disregard of established moral standards.
As the majority opinion stated, there are apparently no cases in Missouri defining “immorality” in Section 168.071.1. There are eases having to do with the termination of tenured teachers for “immoral conduct” under Section 168.114.1(2) RSMo 1994. Many of those cases are extensively, and I believe correctly, discussed in Youngman v. Doer-hoff, 890 S.W.2d 330 (Mo.App.1994). The Court in Youngman concluded that: “Just as one can never be accidentally or unwittingly dishonest, immoral conduct requires at least an inference of conscious intent.” Id. at 342 .
Both Appellants assert that to follow Youngman would ignore how Howard’s conduct affected the students, and potential harm to future students, which might be the same regardless of her intent. However true that argument might be under certain circumstances, here we are limited to what the legislature has required and the Board acted upon, that is, conduct constituting “immorality.”
Neither Appellant has satisfactorily explained to me how you can be immoral without any intent to do so. Youngman is correct and its logic and analysis should apply here. I believe the trial judge correctly ruled and would affirm.