BD. OF DIRS. OF AMES SC. DIST. v. Cullinan

745 N.W.2d 487, 27 I.E.R. Cas. (BNA) 462, 2008 Iowa Sup. LEXIS 35
CourtSupreme Court of Iowa
DecidedFebruary 29, 2008
Docket05-1059
StatusPublished
Cited by3 cases

This text of 745 N.W.2d 487 (BD. OF DIRS. OF AMES SC. DIST. v. Cullinan) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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BD. OF DIRS. OF AMES SC. DIST. v. Cullinan, 745 N.W.2d 487, 27 I.E.R. Cas. (BNA) 462, 2008 Iowa Sup. LEXIS 35 (iowa 2008).

Opinion

LARSON, Justice.

The board of directors of the Ames Community School District terminated the coaching contract of Dennis Cullinan under the authority of Iowa Code sections 279.15-.19A (2003). Cullinan appealed to an adjudicator, pursuant to Iowa Code section 279.17, who reversed the termination. The board sought judicial review, the district court affirmed, and in a two-to-one decision, the court of appeals affirmed as well. On further review, we vacate the decision of the court of appeals, reverse the judgment of the district court, and remand.

I. Facts and Prior Proceedings.

Dennis Cullinan was employed by the Ames Community School District in 1997 as both a high school social studies teacher and head boys’ basketball coach. (Effective in 1985, a separate contract for coaching is required, independent of any contract for teaching. See Iowa Code § 279.19A. It is only Cullman’s coaching contract that is at issue here.). At the end of the 1997-98 school year, Cullman’s probationary status was extended for a year as the result of complaints the school administration had received regarding Culli-nan’s coaching — particularly his threatening and intimidating treatment of student-athletes and his use of profane language directed at the student-athletes. Five basketball players, including a returning let-terman, quit during the season. A memo to Cullinan from the athletic director on April 14, 1998, in connection with the extension of his probation, stated:

You are hereby notified that major concerns with the Boys Basketball Program exist that must be addressed and corrected during 1998-99.

The memo stated that the school expected the

[cjreation of a Less Threatening Environment for Players. Again, we must work to end the public perception that a few of your athletes have been threatened and intimated. There must not be any evidence that threats and intimidation are being used as a motivational tool in any manner .... It is expected that significant improvements in all areas will be realized during the next school year. As always, members of the District Athletic Administration will be continually available to offer any additional assistance necessary to help you tackle these important issues.

(Emphasis added.)

This memo essentially restated principles that were already emphasized by the *490 Ames School District in both the parent-athlete handbook and the coach’s handbook. The parent-athlete handbook stated, as the first of five “basic principles” that

[t]he welfare of the kids comes first. In athletics there are numerous opportunities for coaches to exploit kids in order to win games, and we can all recount instances where this has happened. The physical, mental, and emotional well-being of our athletes must at all times be our primary concern.

The “coach’s handbook” stated:

Your leadership is vital to the end. It is expected to be of the highest quality exemplifying to the participants, student spectators, and adult spectators, the individual and team the qualities to be developed through our activities program. Measurement of success beyond the tangible performance record would be the intangible personality development and self-esteem factors that are a product of the major objectives of our athletic program.
Because the nature of your responsibilities are in the “public’s eye,” the district expects that your behavior be above reproach at all times, both on and off the playing field, and that your objectives and expectations be high and conform with the overall philosophy of our school. Good sportsmanship by your team should be modeled by you and your staff.

The coach’s handbook also directed: “In practice and competition refrain from swearing and profane language.”

Cullman received a satisfactory written evaluation from the athletic director in May 1999 and was offered a new contract for the 1999-2000 school year. No further concerns were raised regarding Cullinan’s coaching until the 2001-02 school year, when he became the subject of numerous student and parent complaints. During the 2001-02 school year, captains of the basketball team met with one of Cullinan’s assistants and Cullinan himself to complain about Cullinan’s treatment of team members.

One player and his father filed seven harassment complaints, alleging incidents of name-calling and profanity by Cullinan during the 2000-01 season. The athletic director investigated these complaints and found they had merit, although they did not meet the harassment-policy requirement that the acts complained of be “sexual []or discriminatory in nature.” The results of the harassment investigation were considered by the administration as a part of a larger inquiry prompted by other parents’ complaints filed collectively on May 10, 2002. On that date, a packet of material was delivered to the school administration entitled “Parents of Ames High Basketball Players vs. Dennis Culli-nan.” The packet contained a copy of the school’s harassment policy and sixteen letters from fifteen families outlining complaints primarily concerning Cullinan’s demeanor toward athletes, and the decreasing interest in the basketball program that resulted.

The authors of the letters stated in their summary of complaints that their concerns were not based on playing time or Culli-naris lack of basketball knowledge, were not about a single event, and were not about the team’s win/loss record. Rather, the parents stated that their concerns:

ARE about an environment that impacts young men’s confidence, self esteem and lives on and off the court.
ARE about long term behaviors over a number of years by Coach Cullinan that creates a negative, hostile environment.
ARE about parents and athletes that are afraid to come forward for fear of *491 retribution or becoming the person with increased focus for criticism by the coach.
ARE about young men who love basketball, who walk away because of the environment.
ARE about a coach who advises injured players to not see a doctor, because they may receive medical restrictions, rather than showing concern for the health and well being of the athlete.
ARE about a' coach who ignores the rules of the Iowa High School Athletic Association setting a poor example for ethical behavior for the young men.
ARE about a coach who can talk a good story, but cannot “walk the talk.”

In response to the “Parents vs. Culli-nan” complaints, Cullman outlined his positive influence on the basketball program and provided several letters of support— primarily from fellow coaches familiar with Cullinan and his basketball program. The complaints and Cullman’s response were investigated by the athletic director, principal, and superintendent.

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745 N.W.2d 487, 27 I.E.R. Cas. (BNA) 462, 2008 Iowa Sup. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-of-dirs-of-ames-sc-dist-v-cullinan-iowa-2008.