Rike v. Commonwealth, Secretary of Education
Rike v. Commonwealth, Secretary of Education
Opinion of the Court
OPINION OF THE COURT
Appellee Rike was accused by a female employee of the school district where he was employed, of sexual “harass
School boards are local agencies, 2 Pa.C.S.A. § 101, and jurisdiction of appeals therefrom is vested generally in the courts of common pleas, 42 Pa.C.S.A. § 933(a)(2). The Public School Code provides exceptions to this appellate jurisdiction of common pleas court for decisions of school boards dismissing or demoting tenured teachers, 24 P.S. §§ 11-1131, 11-1151, and for disputes over accumulated sick leave, 24 P.S. § 11-1154. In these cases, jurisdiction of the appeals is vested in the Secretary of Education. Id. As Rike was given a disciplinary suspension without pay or other benefits for the remainder of the school year, appeal of the Board’s adjudication was not within the jurisdiction of the Secretary.
Rike’s argument that jurisdiction of his appeal is vested in the Secretary because the suspension was imposed for causes justifying dismissal enumerated in Section 1122 of the Code, 24 P.S. § 11-1122, and after a dismissal hearing was conducted according to the procedures mandated in Section 1127, 24 P.S. § 11-1127, when dismissal of a tenured teacher is sought, is unavailing. Simply stated, an appeal lies, not from the proceeding, but from the adjudication. Instantly, the adjudication was that Rike be suspend
Rike’s argument that the Board was without power to suspend after conducting a hearing pursuant to Sections 1122 and 1127 is likewise without merit. That a board of school directors possesses the authority to impose lesser forms of discipline than complete termination of a tenured teacher’s contract is by now beyond question. The general assembly, in whom our constitution reposes the responsibility of establishing the parameters of administering the education of our youth, PA CONST. Art. Ill, Section 14, has created school districts and imbued them with “all necessary powers to enable them to carry out the provisions of this act,” 24 P.S. § 2-211, including the power to employ teachers, 24 P.S. § 11-1106. Inherent in the school district’s power to employ is the power to control certain activities of teachers, Kaplan v. Philadelphia School District, 38 Pa. 213, 130 A.2d 672 (1957). As stated by Mr. Justice (now Chief Justice) Nix in Neshaminy Fed. of Teachers v. Neshaminy School District, 501 Pa. 534, 545, 462 A.2d 629, 635 (1983): “The power to regulate conduct, of course, would be illusory absent a concomitant power to enforce rules through the imposition of some form of discipline.”
The procedural safeguards afforded tenured teachers are set forth in Sections 1122 through 1131 of the Code. Section 1122, supra, provides that contracts of tenured teachers may be terminated for, inter alia, immorality, cruelty and persistent and wilful violation of the school laws of this Commonwealth. When dismissal of a tenured teacher is sought on these grounds, the teacher must be afforded a hearing conducted in accordance with the procedures enumerated in Section 1127, 24 P.S. § 11-1127. Based on his investigation of the serious charges lodged against Rike by
We will not address Rike’s claim that a power to impose disciplinary suspensions contravenes the legislative will because it raises the possibility that Boards will impose suspensions of such lengthy duration as to be tantamount to terminations. Such a case is not before us.
Rike argues it was improper for the Board to impose a suspension by vote of less than the number required to effect a dismissal. We view this assertion as being without merit.
The teacher tenure provisions of the Public School Code were enacted to improve public education by protecting teachers from ouster without cause at the complete and unbridled discretion of school boards. In re: Swink, 132 Pa.Super. 107, 200 A. 200 (1938). To this end, the general assembly provided that contracts of tenured teachers could only be terminated after observance of certain prescribed procedural safeguards. One of these provisions is that no teacher’s dismissal may be effected without approval of two-thirds of the entire board. 24 P.S. § 11-1129. In contrast to the clear expression of legislative intent that the most drastic form of discipline be accomplished only with the approval of two-thirds of the entire board, the Public School Code is totally silent as to what protections must be afforded tenured teachers prior to the imposition of lesser
The parties have raised a question as to whether a disciplinary suspension may be imposed pursuant to an action under a collective bargaining agreement. As the collective bargaining agreement between the parties is not in the original record before us, and as such an issue is not squarely presented in the facts of the instant controversy, we decline to address the issue at this time.
We hold that imposition of the disciplinary suspension in this case was not improper, and that any appeal from the order of the hearing board lies in the court of common pleas. Thus, we reverse the order of Commonwealth Court.
Reversed.
With certain exceptions not here relevant, Section 1122 provides: The only valid causes for termination of a contract heretofore or hereafter entered into with a professional employe shall be immorality, incompetency, intemperance, cruelty, persistent negligence, mental derangement, advocation of or participating in un-American or subversive doctrines, persistent and wilful violation of the school laws of this Commonwealth on the part of the professional employe ____
24 P.S. § 11-1122 (1979).
Dissenting Opinion
dissenting.
I dissent and would affirm on the basis of the opinion of the Commonwealth Court authored by the Honorable Theodore O. Rogers.
Reference
- Full Case Name
- Paul H. RIKE, Appellee, v. COMMONWEALTH of Pennsylvania, SECRETARY OF EDUCATION and Peters Township School District. Appeal of PETERS TOWNSHIP SCHOOL DISTRICT; Paul H. RIKE, Appellee, v. COMMONWEALTH of Pennsylvania, SECRETARY OF EDUCATION and Peters Township School District. Appeal of COMMONWEALTH of Pennsylvania, SECRETARY OF EDUCATION
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