Board of Directors of Sioux City v. Mroz

295 N.W.2d 447, 1980 Iowa Sup. LEXIS 913
CourtSupreme Court of Iowa
DecidedAugust 27, 1980
Docket63938
StatusPublished
Cited by8 cases

This text of 295 N.W.2d 447 (Board of Directors of Sioux City v. Mroz) 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.

Bluebook
Board of Directors of Sioux City v. Mroz, 295 N.W.2d 447, 1980 Iowa Sup. LEXIS 913 (iowa 1980).

Opinion

McGIVERIN, Justice.

Petitioner Board of Directors of the Sioux City Community School District (Board) appeals a district court judgment affirming an adjudicator’s decision requiring the Board to reinstate respondent Ames Mroz as a teacher. The main issue for our review is whether the adjudicator’s decision was unsupported by a preponderance of the competent evidence in the record made before the Board when that record is viewed as a whole. § 279.18(6), The Code. We conclude that a preponderance of such evidence establishes “just cause” for termination of the teacher’s contract under section 279.15(2), The Code. Therefore, we reverse the court’s judgment and the adjudicator’s decision and reinstate the Board’s decision to terminate the contract.

Mroz was a teacher of junior high school science with the school district until the end of the 1977-78 academic year. On March 4, 1978, the superintendent of the district pursuant to section 279.15 formally notified Mroz that the superintendent would recommend that the Board terminate Mroz’s contract at the end of the 1977-78 school year because he was an incompetent teacher. The written notice specified fourteen reasons why the superintendent was recommending termination. These reasons may be categorized in four broad areas: inadequate maintenance of discipline during class; excessive and ineffective use of films; ineffective classroom teaching; and failure to improve and cooperate with school administrators who tried to assist in correcting his deficiencies.

Following the notice, the parties used the private hearing and review procedures for teacher terminations in sections 279.15-.18, The Code. The parties agree that all these procedures were properly followed. Mroz requested a private hearing before the school board. After fourteen hours of testimony and hearing, the Board decided that “just cause,” as required by section 279.15, existed and voted to terminate Mroz’s contract. Mroz rejected the Board’s decision and appealed to an adjudicator. § 279.17. In April 1979 the adjudicator reversed the Board and ordered it to offer Mroz a teaching contract for the 1979-80 school year. The Board rejected the adjudicator’s decision and appealed by filing a petition for judicial review in the district court under section 279.18. In August 1979 the court affirmed the adjudicator’s decision. The Board has appealed to us.

In reviewing the termination of a teacher’s contract under section 279.15, we make anew the judicial determinations required by section 279.18. Board of Education v. Youel, 282 N.W.2d 677, 679 (Iowa 1979). The Board asked the district court to review the record to determine whether the adjudicator’s decision was “unsupported by a preponderance of the competent evidence in the record made before the board and the adjudicator when that record is viewed as a *449 whole. ’ § 279.18. All the evidence was presented before the Board. We have reviewed the record, giving weight to the fact findings of the Board as required by section 279.18, and conclude that the adjudicator’s decision was unsupported by such evidence. We believe the decision of the Board was supported by a preponderance of the competent evidence. Therefore, we reinstate the Board’s decision to terminate Mroz’s contract.

A teacher’s contract may be terminated for “just cause.” § 279.15(2). We have struggled before to define this term. Youel, 282 N.W.2d at 680-82; Briggs v. Board of Directors, 282 N.W.2d 740, 742-43 (Iowa 1979). Basically, the resolution of each case depends on its own circumstances, which necessitates our thorough review of the record. We also must remember that “a school district is not married to mediocrity but may dismiss personnel who are neither performing high quality work nor improving in performance.” Id. at 743. Professional incompetence or faults attributable to the teacher can be “just cause” for termination. Id. at 742.

I. Evidence of the teacher’s incompetency. Mroz and the Board agree that Mroz had shortcomings as. a teacher. While the record contains some evidence to support Mroz’s competency, we conclude that a preponderance of the evidence establishes just cause for terminating his contract because of incompetency.

We now discuss the four areas where Mroz was deficient as a teacher. First, he could not maintain discipline in his class. Students and administrators testified that students in Mroz’s classes were unusually disruptive. However, many of the same students behaved properly in classes of other teachers. There was evidence that during class students talked, daydreamed, wandered about the room, moved desks, and left the room without permission. Some also exhibited verbal disrespect for him. He did not follow the Teachers’ Handbook in coping with discipline problems. Second, Mroz used an unusually large number of films and overhead slides to occupy the class period. Students testified that Mroz showed films as frequently as every other day, often with little preparation or followup to test student comprehension. The building principal recommended to Mroz as early as 1975 that “science classes must be more than film classes.” The films seemed to be used as a substitute for meaningful teaching and learning processes by the teacher. Third, there is testimony that Mroz did not meet the district’s guidelines for use of demonstrations by the teacher and experiments by students in science classes. The principal informally discussed with Mroz the need for more experiments as early as 1975. Finally, a preponderance of the evidence clearly establishes that Mroz did not improve after administrators both informally and formally pointed out his deficiencies and made several offers to help him. Mroz admits in his brief that he treated some recommendations for improvements “a bit lightly.”

II. The teacher’s contentions. To mitigate this evidence of his incompetency, Mroz contends he was ill at the time he received poor evaluations and the principal was biased against him. We examine and reject both of these contentions.

Mroz suffers from high blood pressure. He required hospitalization in February 1978 to treat it. In Smith v. Board of Education, 293 N.W.2d 221 (Iowa 1980), we discussed the effect of a teacher’s illness when a school board is considering discharge of a teacher under section 279.27, The Code (discharge during contract year with contract termination “effective immediately following a decision of the board”). In Smith we decided that mental or physical disability may be just cause for terminating a teacher’s contract. Where, however, there is uncontroverted expert testimony that a teacher’s incompetence is due to a physical or mental disability, the school board must consider the “duties required by the contract, the character and possible duration of the illness, the needs of the employer and the extent to which the duties can be performed by another.” Smith, 293 *450 N.W.2d at 224. 1

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295 N.W.2d 447, 1980 Iowa Sup. LEXIS 913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-directors-of-sioux-city-v-mroz-iowa-1980.