§ 122A.40

Cruz-Guzman v. State · 2018 1 citation

+ 1 more citation in this opinion.

Emerson v. Board of Independent School District 199 · 2012 6 citations

+ 6 more citations in this opinion.

Navarre v. South Washington County Schools · 2002 1 citation

+ 1 more citation in this opinion.

Forslund v. State · 2019 5 citations

+ 5 more citations in this opinion.

In re Resolutions Relating to the Termination and Non-Renewal of the Teaching Contracts of Carol Grzybowski and Heather Mignone, Probationary Teachers. · 2017 6 citations

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Joann Karetov, Relator v. Independent School District No. 283, St. Louis Park, Minnesota · 2015 5 citations

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Emerson v. School Board of Independent School District 199 · 2010 8 citations

+ 8 more citations in this opinion.

Christopher v. Windom Area School Board · 2010 1 citation

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Montplaisir v. Independent School District No. 23 · 2010 8 citations

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Hinckley v. School Board of Independent School District No. 2167 · 2004 1 citation

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Independent School District No. 404 v. Castor · 2003 1 citation

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Savre v. Independent School District No. 283 · 2002 10 citations

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Thomas v. Independent School District No. 2142 · 2002 1 citation

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Moe v. Independent School District No. 696, Ely · 2001 5 citations

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State Ex Rel. Quiring v. Board of Education of Independent School District No. 173, Mountain Lake · 2001 8 citations

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Emanuel v. Independent School District No. 273 · 2000 5 citations

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Shaner v. Independent School District No. 2884 · 2000 1 citation

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Washington v. Independent School District No. 625 · 1999 1 citation

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Thomas v. Marshall Public Schools · 2023 2 citations

09-cv-4170 (KES), 2011 WL 1828039, at *31 (D.S.D. May 12, 2011)). Plaintiff contends the work product doctrine is inapplicable because Heggem did not conduct the investigation “in anticipation of litigation.” Defendants disagree. They note that because Plaintiff was covered by the Teacher Tenure Act (Minn. Stat. § 122A.40), she was entitled to grieve any disciplinary action imposed against her through binding arbitration (ECF No. 64 at 12). Accordingly, in their view, “every investigation into the alleged misconduct of a continuing contract/tenured employee carries with it the likelihood than the investigation could become the basis for discipline”, which may be “challenged through grievance arbitration.” (Id. at 12-13.) But Defendants’ argument proves too much. Taken to its logical extreme, Defendants effectively argue that, so long as some legal process exists for an employee to challenge workplace discipline,

09-cv-4170 (KES), 2011 WL 1828039, at *31 (D.S.D. May 12, 2011)). Plaintiff contends the work product doctrine is inapplicable because Heggem did not conduct the investigation “in anticipation of litigation.” Defendants disagree. They note that because Plaintiff was covered by the Teacher Tenure Act (Minn. Stat. § 122A.40), she was entitled to grieve any disciplinary action imposed against her through binding arbitration (ECF No. 64 at 12). Accordingly, in their view, “every investigation into the alleged misconduct of a continuing contract/tenured employee carries with it the likelihood than the investigation could become the basis for discipline”, which may be “challenged through grievance arbitration.” (Id. at 12-13.) But Defendants’ argument proves too much. Taken to its logical extreme, Defendants effectively argue that, so long as some legal process exists for an employee to challenge workplace discipline,

Willman v. Farmington Area Public School District · 2023 2 citations

+ 2 more citations in this opinion.

McGuire v. Independent School District No. 833 · 2015 2 citations

+ 2 more citations in this opinion.