Vélez Quiñones v. Secretary of Education
Vélez Quiñones v. Secretary of Education
Opinion of the Court
delivered the opinion of the Court.
At the request of the Secretary of Education we issued •a- writ of certiorari to review the proceedings had in- the Superior Court, San Juan Part, which rendered judgment in .this case reversing the' Secretary’s action removing appellee from his office of public school teacher for immoral conduct. This judgment does not lie because it is contrary to law. Let us see why.
On January 17, 1958 the Secretary of Education preferred a charge of immoral conduct agáinst appellee consisting in having seduced an unmarried young girl- with whom he had sexual intercourse, ratifying the suspension from- employment 'and salary ordered on August. 21, 1957. After holding, an administrative- hearing on the matter on May 15, 1958 before a committee designated by that officer for that purpose, the committee submitted a report to the Secretary of Education on June 13 of that year with the
On July 7, 1960 the Superior Court, San Juan Part, ■rendered judgment granting the appeal, reversing the Secretary’s resolution and ordering appellee’s reinstatement in the office or employment which he held at the time of removal with all inherent rights and privileges, including payment of the salaries which he failed to receive as a result of the removal. The only evidence offered in that appeal was the stenographic record of the administrative hearing before the said committee. The court did not consider the defense that • the removal was illegal for lack of good cause at law since
It is alleged that the trial court committed error of law (1) in adopting the preceding criterion on the concept of “immorality”; (2) in disregarding additional evidence which supported the charge of immorality; and (3) in substituting-its view for that of the Secretary of Education notwithstanding that the latter’s conclusions are supported by substantial evidence and that there is rational basis in the evidence for the formulation of such conclusions.
The removal in this case was ordered in pursuance of the provisions of § 5 of Act No. 94 of June 21, 1955 and § 5 of Act No. 312 of May 15, 1938, as amended by Act No. 6 of July 24, 1952. The appeal to the Superior Court was
Section 13 of Act No. 94 supra provides that as a result of such appeal the hearing of the case shall be set at which the parties shall offer evidence in support of their contentions. Notwithstanding this provision, which is of the nature of a de novo trial, the Solicitor General alleges that that Act should be construed in the sense of providing* for a limited review of questions of law and not a de novo trial, since the power to discharge granted to the Secretary of Education is an executive function
“Statutory provisions for de novo review are unconstitutional if the administrative action is deemed nonjudicial, for the separation of powers theory prevents a court from performing- nonjudicial functions. State courts, however, often avoid ' unconstitutionality by interpreting such provisions to mean that the review should be limited, even when the provisions are quite explicit in providing for de novo review.” 4 Davis, Administrative Law Treatise 188, § 29.11.
In Puerto Rico, however, we have followed the doctrine that limited judicial review in the cases under consideration will lie unless the statute expressly provides for a de novo trial, which is in fact what is provided in the case at bar. López v. Muñoz, Governor, 80 P.R.R. 4, 10-11 (1957); Rivera v. Benitez, Chancellor of the University, 73 P.R.R. 361 (1952); Ledesma, Administrator v. District Court, 73 P.R.R. 379 (1952); Marin v. Pagan, 52 D.P.R. 966 (1938); In re: Ortiz v. Venegas, 43 P.R.R. 374 (1932); Gutiérrez v. Monclova, Mayor, 39 P.R.R. 823 (1929); and Coll v. Todd, Mayor, 35 P.R.R. 572 (1926).
The evidence introduced at the administrative hearing showed that appellee not only had sexual intercourse with the young girl in question but also with other persons (Tr. Ev. 32) ; that the prosecutrix complained to Judge Torres Rodriguez of Yauco (Tr. Ev. 162) and the latter subpoenaed appellee, who appeared before him and promised to marry the girl (Tr. Ev. 40); the appellee tried to submit the glil to an illegal abortion (Tr. Ev. 45,. 46, 109). Another fact
Let us analyze the errors assigned by appellant in the light of the foregoing exposition of the law and of the preceding summary of the evidence.
1-2. The trial court concluded that appellee had sexual intercourse with the prosecutrix, but that the evidence pointed to the fact that these relations were not public and notorious and that, therefore, appellee is not guilty of immoral conduct because of the fact alone that it was found proved, namely, that he had sexual intercourse with the prosecutrix. The existing legislation requires as one of the •qualifications for a teacher’s certificate that the candidate ■be of an unblemished moral behavior, and it authorizes the ■. removal of a teacher from office for immoral conduct. The office of teacher in society is a ministry which requires of the incumbent, in and outside of school, a conduct of absolute rectitude, “unblemished,” above suspicion. It' ought to be so since the teacher not only imparts education to his pupils but contributes substantially to mold their character and habits, and in his relations with them he serves as á beacon, as guidance, as example.'
By immorality is meant all. those acts or practices which are in contravention of mutually established standards in order to. attain decency, good order, and correct personal conduct. Hence,. everything' that is hostile • to the welfare pf the general public and contrary to'good morals is immoral; it is not confined to sexual matters, but includes conduct
Appeal of Batrus, 26 A.2d 121 (Pa. 1942), upheld the discharge of a teacher engaged in selling and distributing malt beverages, procuring a liquor license in her name for the purpose of misleading the Liquor Control Board which
It seems clear that in the instant case the trial court failed to consider evidence in the record offered before the investigating committee to the effect that appellee not only engaged' in sexual intercourse with the prosecutrix on many occasions but also that such relations became notorious and.scandalous owing to the judicial actions brought against appellee for seduction and abandonment of minors, for his . unfulfilled promise to marry the prosecutrix, and for attempt to induce her to undergo an abortion. Such facts' showed fully that appellee lacked moral conduct above reproach and the irreproachable' reputation so essential to the teaching profession required by statute, and we therefore conclude
3. The established doctrine of this Court being that limited judicial review in these cases will lie where the statute does not expressly provide for a de novo trial, and it having been shown that the statute in this case actually provides for a de novo trial, we could hold and do hold that the trial court did not commit the error in not confining itself to deciding that the conclusions of the Secretary of Education are supported by substantial evidence.
In view of the foregoing, the judgment rendered'by the trial court in this case will be reversed and another judgment rendered instead sustaining the decision of the Secretary of Education removing appellee as a public school teacher.
Section 5 of Act No. 94 supra — 18 L.P.R.A. § 264 — provides in part as follows:
“Candidates for teacher’s certificates shall meet the following general qualifications:
(1).
(2) To be of a blameless moral behavior”
Section 5 of Act No. 812 sivpra — 18 L.P.R.A. § 217 — reads as follows:
“Permanent teachers may be suspended or removed from ofiice only for just cause, according to the provisions of, and the procedure prescribed by, the Compiled School Law and the regulations of the Department of Education; Provided, however, That in cases of immoral conduct or physical or mental disability, said teachers shall be suspended summarily, until the hearing of the case.”
Section 13 of Act No. 94 supra — 18 L.P.R.A. § 272 — provides:
“Any teacher aggrieved by the decision of the Secretary of Education in any of the instances referred to in the preceding section shall have the right to appeal before the Superior Court within a period of fifteen (15) days reckoning from the date the Secretary of Education served notice on him of the resolution cancelling his certificate. Said appeal shall be taken by filing with the clerk of the above-mentioned court a writ containing the finding of fact and the issues of law on which the appellant bases his remedy. Notice of said writ shall be served on the Secretary of Education in the manner determined by the court and the Secretary shall answer within thirty days following the date of such notice. After the answer is filed, the court shall set a date within the thirty days following such filing for the hearing of the case, at which hearing the Secretary may produce evidence in support of his resolution, and the appellant may offer such evidence as he may have or may deem necessary. It shall be the duty of the Superior Court taking cognizance of the case to render judgment not later than the twentieth day after the hearing is held.”
Numerous cases are cited in 22 Iowa L. Rev 162 in which it has been held that the power to discharge a teacher is an executive function subject to judicial review only for abuse of discretion.
”The Code of Ethics approved by the Board of Directors of the Teachers’ Association on April 25, 1959 by express delegation of the Assembly of that Association held December 28 and 29, 1958, provides in .part as follows:
“The teaching' profession is the one called upon to serve as guidance and orientation to children, adolescents, and adults. Its first obligation and Christian duty consists in imparting knowledge, developing abilities, cultivating the mind, refining the spirit, and .nourishing the soul of the pupils, preparing religious citizens useful to society and to themselves and who may feel happy by enjoying the benefits and assuming the duties of a system of life governed by democratic standards.
*725 “The greatness of a country rests on the education, economic independence, the sense of responsibility and sacrifice, the spiritual and moral strength of its individuals.” Postulate I.
“The teaching profession holds in society a position of prestige and confidence which involves the teacher’s private life as well as his relations with the school and the community. The educational task is more effective when these relations are cordial and are based on constructive criticism and a desire to co-operate.
“In order to accomplish this postulate, the teacher must:
“1. Respect the sound customs and traditions of the • community in which he works and endeavor to adapt himself to the reasonable standards of conduct accepted by the Puerto Rican society.” Postulate III.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.