Hoagland v. Mount Vernon School District No. 320

623 P.2d 1156, 95 Wash. 2d 424, 1981 Wash. LEXIS 988
CourtWashington Supreme Court
DecidedFebruary 19, 1981
DocketNo. 46531
StatusPublished
Cited by26 cases

This text of 623 P.2d 1156 (Hoagland v. Mount Vernon School District No. 320) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoagland v. Mount Vernon School District No. 320, 623 P.2d 1156, 95 Wash. 2d 424, 1981 Wash. LEXIS 988 (Wash. 1981).

Opinions

Utter, J. —

On March 17, 1976, the Board of Directors of the Mount Vernon School District determined that there was probable cause to discharge Charles M. Hoagland, a shop teacher in one of its schools. The grounds for discharge were that he had been convicted of grand larceny by possession for having purchased a stolen motorcycle. A notice was placed in his hands, advising him of the grounds for the contemplated discharge and that he had a right to [426]*426request a hearing before the board of directors to determine whether there was sufficient cause for his discharge. He was also advised that he had the statutory alternative of appealing to the Superior Court for Skagit County, and was given directions for the taking of such an appeal.1

Mr. Hoagland chose to appeal directly to Superior Court where he contended not only that the stated ground for dismissal did not constitute probable cause but that under the surrounding facts and circumstances, dismissal was inappropriate. Affidavits and memoranda were submitted, and the school board moved for summary judgment on the merits. At the same time, Hoagland asked for partial summary judgment and urged the court to impanel a jury and take testimony which he would offer to mitigate his culpability and to show that his conviction would not adversely affect his teaching.

The Superior Court granted the board's motion. It found that Hoagland's felony conviction was inherently harmful to the teacher-student relationship, and therefore harmful to the school district. In reviewing that ruling, the Court of Appeals held that granting the motion was improper. It concluded there was a material factual issue as to whether Hoagland's misconduct affected his fitness to teach. We agree and remand this case to Superior Court.

The statutory provisions governing teacher dismissals at the time of these proceedings were set forth in RCW 28A-.58.450 through 28A.58.515. The "discharge statute," RCW 28A.58.450, provided that a school board

determin[ing] that there is probable cause or causes for a teacher ... to be discharged or otherwise adversely affected in his contract status, shall notify such employee in writing of its decision, which notification shall specify the probable cause or causes for such action.

[427]*427After notification, the employee, at his or her request,

shall be granted opportunity for hearing [before the school board or its designated hearing officer] to determine whether or not there is sufficient cause or causes for his or her discharge or other adverse action against his contract status. . . . Any decision to discharge or to take other adverse action against such employee shall be based solely upon the cause or causes for discharge specified in the notice of probable cause to the employee and established by a preponderance of the evidence at the hearing to be sufficient cause . . .
... in the event cause for discharge or other adverse action is not established by a preponderance of the evidence at the hearing, such employee shall not be discharged or otherwise adversely affected in his contract status for the causes stated in the original notice for the duration of his or her contract.

As an alternative procedure to the hearing before the school board, RCW 28A.58.515 provided that:

In lieu of requesting a hearing before the board of directors or its designated hearing officer pursuant to the provisions of RCW 28A.58.450 ... an employee may elect to appeal the action of the board directly to the superior court . . . The superior court shall determine whether or not there was sufficient cause for the action of the board of directors and shall base its determination solely upon the cause or causes stated in the notice of the employee. The appeal provided in this section shall be conducted in the same manner as appeals provided in RCW 28A.58.470 through 28A.58.500.

(Italics ours.) Appeals were to "be heard de novo by the superior court." RCW 28A.58.480.2

Read together, these statutes required that, at the request of the teacher, sufficient cause for dismissal be determined at a hearing before either the school board, a [428]*428hearing officer, or superior court.3 The alternatives were provided to ensure access to an unbiased forum, see Francisco v. Board of Directors, 85 Wn.2d 575, 582, 537 P.2d 789 (1975), and were available regardless of the nature of the misconduct. Consequently, even if the misconduct was so egregious that the sufficient cause determination could be made as a matter of law, the teacher was (and under the present law still is) entitled to a hearing.

In most cases, because the statutes do not stipulate certain conduct as per se grounds for dismissal, it will be a question of fact whether the complained of acts constitute sufficient cause. See Gaylord v. Tacoma School Dist. 10, 88 Wn.2d 286, 559 P.2d 1340 (1977); Browne v. Gear, 21 Wash. 147, 57 P. 359 (1899); see also Board of Educ. v. Jack M., 19 Cal. 3d 691, 566 P.2d 602, 139 Cal. Rptr. 700 (1977). Sufficient cause, though not statutorily defined, has been interpreted to mean a showing of conduct which materially and substantially aifects the teacher's performance. Gaylord v. Tacoma School Dist. 10, supra; Browne v. Gear, supra; see also Fisher v. Snyder, 346 F. Supp. 396 (D. Neb. 1972). In Gaylord we rejected the argument that one's status is sufficient to support a dismissal. Without an actual showing of impairment to teaching, simply labeling an instructor as a convicted felon will not justify a discharge. See Gaylord v. Tacoma School Dist. 10, supra; Browne v. Gear, supra; Board of Educ. v. Jack M., supra. Proof of the commission of a criminal act, for example, is [429]*429only one of several factors in the dismissal determination. Board of Educ. v. Jack M., supra, and the cases cited therein. To permit a dismissal solely on the basis of a conviction would ignore the fact that

the teacher who committed an indiscretion, paid the penalty, and now seeks to discourage his students from committing similar acts may well be a more effective supporter of legal and moral standards than the one who has never been found to violate those standards . . .

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Michael F. Cronin v. Central Valley School District
Court of Appeals of Washington, 2022
Saucedo v. NW Management & Realty Services, Inc.
290 F.R.D. 671 (E.D. Washington, 2013)
Griffith v. Seattle School District No. 1
266 P.3d 932 (Court of Appeals of Washington, 2011)
Federal Way School District No. 210 v. Vinson
261 P.3d 145 (Washington Supreme Court, 2011)
Federal Way School District No. 210 v. Vinson
225 P.3d 379 (Court of Appeals of Washington, 2010)
Woodall v. Freeman School District
136 Wash. App. 622 (Court of Appeals of Washington, 2006)
Ruchert v. Freeman School District
106 Wash. App. 203 (Court of Appeals of Washington, 2001)
Ruchert v. Freeman School Dist.
22 P.3d 841 (Court of Appeals of Washington, 2001)
Wright v. Mead School Dist. No. 354
944 P.2d 1 (Court of Appeals of Washington, 1997)
Wright v. Mead School District No. 354
944 P.2d 1 (Court of Appeals of Washington, 1997)
Wolf v. Columbia School District No. 400
938 P.2d 357 (Court of Appeals of Washington, 1997)
Sauter v. Mount Vernon School District No. 320
791 P.2d 549 (Court of Appeals of Washington, 1990)
Butler v. Lamont School District No. 246
745 P.2d 1308 (Court of Appeals of Washington, 1987)
Sinnott v. Skagit Valley College
746 P.2d 1213 (Court of Appeals of Washington, 1987)
Clarke v. Shoreline School District No. 412
720 P.2d 793 (Washington Supreme Court, 1986)
Mott v. Endicott School District No. 308
713 P.2d 98 (Washington Supreme Court, 1986)
Benson v. Bellevue School District No. 405
707 P.2d 137 (Court of Appeals of Washington, 1985)
Simmons v. Vancouver School District No. 37
704 P.2d 648 (Court of Appeals of Washington, 1985)
Coupeville School District No. 204 v. Vivian
677 P.2d 192 (Court of Appeals of Washington, 1984)
Stastny v. Board of Trustees of Central Washington University
647 P.2d 496 (Court of Appeals of Washington, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
623 P.2d 1156, 95 Wash. 2d 424, 1981 Wash. LEXIS 988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoagland-v-mount-vernon-school-district-no-320-wash-1981.