Tucker v. Board of Education
Tucker v. Board of Education
Opinion of the Court
The defendant board of education of the town of Norfolk has appealed to this court from the judgment of the Court of Common Pleas sustaining the plaintiff’s appeal from the action of the board terminating her contract of employment to teach in the town’s school system.
The trial court’s limited finding
Following her return, the plaintiff was notified that the termination of her contract of employment with the board of education was under consideration “because of insubordination.” The plaintiff requested a private hearing before an impartial hearing panel and in a unanimous decision dated February 9, 1976, the panel made a finding “that the conduct in question constituted insubordination and that nonetheless under the circumstances in this case the Board of Education is not justified in terminating her employment contract for reason of insubordination.” The hearing panel recommended that, instead of dismissing the plaintiff, the board of education give her a letter of reprimand and a five-day disciplinary suspension without pay “for defying its determination on her requested leave of absence.” Nevertheless, by letter dated February 26, 1976, the plaintiff was notified that the board, at a meeting, voted not “to renew” her contract for the 1976-1977 school year. The plaintiff’s appeal to the Court of Common Pleas was sustained and it is from that judgment that the defendant board has taken the present appeal to this court.
The trial court concluded that the board’s denial of the plaintiff’s request for a leave of absence was a decision and not a rule and could not be construed as an established standard or regulation. We agree. By definition, a rule is an “established standard, guide, or regulation; a principle or regulation set up by authority, prescribing or directing action or forbearance; as, the rules of a legislative body, of a company, court, public office, of the law, of ethics.” Black’s Law Dictionary, p. 1496. The term “imports
We next consider the defendant board’s assignment of error relating to the applicability of § 10-151 (b) (6) as a valid ground for termination of the plaintiff’s contract of employment. As a general rule, where statutes specifically enumerate the causes for which a teacher may be removed or dismissed, a teacher cannot be removed or dismissed for any other cause. Conley v. Board of Education, supra; see McQuaid v. State, 211 Ind. 595, 6 N.E.2d 547 (1937); Jameson v. Board of Education, 74 W. Va. 389, 81 S.E. 1126 (1914); State ex rel.
In interpreting teacher tenure statutes similar, and in some instances identical, to General Statutes § 10-151, other courts have held that, in addition to the specifically enumerated causes for dismissal, a tenured teacher’s contract may be terminated for “other good and just cause,” without specification of the reason. McQuaid v. State, supra; 68 Am. Jur. 2d, Schools § 183; see generally annots., 110 A.L.R. 791, 805; 113 A.L.R. 1495; 127 A.L.R. 1298, 1317. For example, in Rinaldo v. School Committee of Revere, 294 Mass. 167, 169, 1 N.E.2d 37 (1936), the court stated that “[g]ood cause includes any ground which is put forward by the [school] committee in good faith and which is not arbitrary, irrational, unreasonable, or irrelevant to the committee’s task of building up and maintaining an efficient school system.” See also Stiver v. State
Although we do not go so far as to hold that a teacher’s contract may be terminated for any reason under the “other due and sufficient cause” clause of General Statutes § 10-151 (b) (6), we hold that a teacher may be dismissed for conduct constituting insubordination under the “other due and sufficient cause” provision of that statute.
The plaintiff appears to argue that the “other due and sufficient cause” provision of § 10-151 (b) (6)
Since we decide that under the provisions of § 10-151 (b) (6) insubordination constitutes legal cause for termination of a tenured teacher’s contract
Having decided that insubordination is a ground for termination, and that the plaintiff was insubordinate, we now pass to the issue whether the hoard was justified in terminating the plaintiff’s contract of employment.
Although courts in other jurisdictions have decided that a single instance of misconduct or disobedience to a reasonable order of the school authorities may constitute grounds for dismissal of a tenured teacher; see Yuen v. Board of Education, 77 Ill. App. 2d 353, 222 N.E.2d 570 (1966); the majority of eases we have examined indicate that dismissal is warranted only upon a showing of a course of persistent misconduct or a series of varied acts of impropriety on the part of the teacher. See Crownover v. Alread School District No. 7, 211 Ark. 449, 200 S.W.2d 809 (1947); Midway School District v. Griffeath, 29 Cal. 2d 13, 172 P.2d 857 (1946); Board of Education v. Shockley, 52 Del. 237, 155 A.2d 323 (1959); Board of School Directors v. Snyder, 346 Pa. 103, 29 A.2d 34 (1942); Fresno City High School District v. DeCaristo, 33 Cal. App. 2d 666, 92 P.2d 668 (1939); cf. Marcato v. Board of Education, 40 App. Div. 2d 978, 338 N.Y.S.2d 209 (1972). In either case, the decision to terminate must he reached after a careful examination of all pertinent factors relating to the particular situation, with due consideration of the effect the teacher’s conduct will have on the school authorities as well as on the students. The hoard’s equating of a single
Our consideration of the board’s decision proceeds from the point that the impartial hearing panel, as indicated previously, unanimously found that, although the plaintiff had been insubordinate, her conduct did not merit the termination of her employment. In this connection, the statements and recommendation of the panel
In sum, we conclude that the action of the board in terminating the plaintiff’s contract of employment was not warranted and thus arbitrary and illegal.
The trial court concluded that the procedures required by statute concerning the termination of the plaintiff’s contract had not been followed, thereby nullifying the board’s action. We have concluded, however, that the board’s notice to the plaintiff was sufficient, and thus that the board had jurisdiction to take some action against the plaintiff, short of the termination of her contract. The trial court erred in holding the board’s action a nullity. The case must be returned to the board for the imposition of a penalty consistent with the views expressed in this opinion.
There is error, the judgment is set aside and the case is remanded with direction to return the case to the board for further proceedings consistent with the views expressed in this opinion.
The court heard no evidence but determined the case solely by a review of the record on appeal, and therefore filed a limited finding.
It should be noted that the collective bargaining agreement between the board of education and the Norfolk education association authorized two personal day absences per year without the necessity for presenting an exeuse. Thus, the plaintiff applied for only two additional days leave of absence which were permitted, but not automatically authorized, by the collective bargaining agreement.
“[General Statutes] See. 10-151. . . . (b) Beginning with and subsequent to the fourth year of continuous employment of a teaeher by a board of education, the eontraet of employment of a teaeher shall be renewed from year to year, except that it may be terminated, at any time for one or more of the following reasons: (1) Inefficiency or incompetence; (2) insubordination against reasonable rules of the board of education; (3) moral misconduct; (4) disability, as shown by competent medical evidence; (5) elimination of the position to which the teaeher was appointed, if no other position exists to which he may be appointed if qualified; or (6) other due and sufficient cause; provided, prior to terminating a contract, a board of education shall give the teacher concerned a written notice that termination of his contract is under consideration and, upon written request filed by sueh teacher with sueh board within five days after receipt of such notice, shall within the next succeeding five days give sueh teaeher a statement in writing of its reasons therefor. . . .”
In fact, the plaintiff testified, without contradiction, that other teachers had been given leaves of absence for trips, and that no request for leave had ever been refused.
The plaintiff also argues that our statements in Conley v. Board of Education, 143 Conn. 488, 123 A.2d 747 (1956), dictated that the board state “other due and sufficient cause” as the reason for the proposed termination of the plaintiff’s contract. We disagree. Although in Conley we stated (p. 496) that “[t]he decision of the board must be based upon the evidence directed to the specific [ground of termination] and upon no other,” the test of the action of the board is “whether the plaintiff had a reasonable opportunity to hear and to be heard upon the charges preferred against him and whether the proceedings were conducted in a fair and impartial manner.” Id., 493-94. The record before us demonstrates overwhelmingly that the plaintiff was apprised of the charge of insubordination and was heard in rebuttal to that charge. Neither can it be said that the plaintiff was not prepared to address that charge at the proceedings before the hearing panel. All of the evidence presented by the board was directed at the plaintiff’s “insubordination.” In view of this, the fact that the board proceeded under the “other due and sufficient cause” provision of § 10-151 (b) (6) does not violate our statements in Conley that the evidence presented against the teacher must be directed to the specific ground of termination.
In finding that § 10-151 (b) (6) was not constitutionally infirm, the court in diLeo v. Greenfield, 541 F.2d 949 (2d Cir. 1976), applied the principle of ejusdem generis, stating (p. 954) that “[w]here general terms in a statute follow enumeration of terms with specific meaning, the general terms can be expected to apply to matters similar to those specified.” See Griffin v. Fancher, 127 Conn. 686, 690, 20 A.2d 95 (1941). Under the principle of ejusdem generis, we construe the word “insubordination” as referring to the conduct of the plaintiff which is akin or equivalent to conduct specified in § 10-151 (b) (2), namely, insubordination against reasonable rules of the board.
“[Part of Finding of Impartial Hearing Panel] . . . We find that while she merited discipline for this insubordination, dismissal is too drastic a penalty. The statute does not require dismissal for incompetence, insubordination, etc., but simply permits it. Not all incompetence, insubordination, etc. calls for dismissal. In deciding on the appropriate penalty for an offense, such as this, one should consider not only the fact of insubordination but also a teacher’s prior record, whether this was a first offense, and the nature of and motivation for the insubordination.
“It was unrebutted that Mrs. Tucker is a competent, dedicated teacher in a difficult discipline and is of considerable value to the Norfolk school system. It is also undisputed that this was her first infraction, and that it was brought on by a conflict in what she felt were her responsibilities to her husband and to the Norfolk school system. While we do not condone her action, we think that her obligations to her employer would best be dealt with and the children of Norfolk best served, if the penalty in question is reduced to a letter of reprimand and a five-day disciplinary suspension without pay, and we so recommend.”
Dissenting Opinion
(dissenting). The majority holds that “the action of the board in terminating the plaintiff’s contract of employment was not warranted and thus arbitrary and illegal.” I cannot agree.
When acting to terminate a teacher’s employment contract, a board of education acts, as an administrative agency, in a quasi-judicial capacity. Mauriello v. Board of Education, 176 Conn. 466, 469, 408 A.2d 247; Miller v. Board of Education, 166 Conn. 189, 191, 348 A.2d 584. As such, it exercises discretion in weighing evidence, judging credibility of witnesses, finding faets and making conclusions. Light v. Board of Education, 170 Conn. 35, 40, 364 A.2d 229; Conley v. Board of Education, 143 Conn. 488, 492, 123 A.2d 747. On the other hand, the function of the court on appeal is to determine whether the board acted illegally; “and while we have frequently added the words ‘arbitrarily or in abuse of its discretion,’ this manner of expression merely points to certain aspects in which the illegality may subsist because the conduct of the board would be in violation of the powers granted to and duties imposed upon it.” Jaffe v. State Department of Health, 135 Conn. 339, 353, 64 A.2d 330; Conley v. Board of Education, supra, 492.
Since the termination of the plaintiff in the present case clearly cannot be said to be in violation of the board’s legal powers or duties, the majority’s conclusion that this “exceedingly excessive punishment . . . was not warranted” amounts to an improper substitution of this court’s judgment for that of the board. I would find error in the trial court’s judgment on that ground alone and remand the case with direction to dismiss the plaintiff’s appeal.
Reference
- Full Case Name
- Cynthia Tucker v. Board of Education of the Town of Norfolk
- Cited By
- 36 cases
- Status
- Published