An investigation later accused the school district of forging documents and engaging in "deliberate misconduct" in the appointments.
Moreover, they will say that the police investigation was inept and perhaps flawed by deliberate misconduct.
In attempting to define "exceptional," Circuit courts are split as to what objectively constitutes malicious, fraudulent, or deliberate misconduct.
"Nothing in our investigation has led us to believe there was any deliberate misconduct in this incident," she said Thursday.
The Times's report stirred memories of the last time a major paper had to deal with deliberate journalistic misconduct on such a scale.
Admiral Fargo said he had chosen not to proceed to a court-martial because he had found no evidence of "criminal intent or deliberate misconduct."
A court-appointed special examiner earlier found a failure to pursue leads but no deliberate misconduct.
An employee that damages the employer through deliberate misconduct or negligence may be sued by their employer for compensation.
The court recommended against court-martial for the officers involved because of an absence of any "criminal intent or deliberate misconduct."
During the trial, Judge Morse said the case, "no matter what the outcome, does not imply any deliberate misconduct" on the part of the company.