Hunt v. Sanders

554 N.E.2d 285, 196 Ill. App. 3d 466, 143 Ill. Dec. 350, 1990 Ill. App. LEXIS 114
CourtAppellate Court of Illinois
DecidedJanuary 29, 1990
Docket1-89-0137
StatusPublished
Cited by1 cases

This text of 554 N.E.2d 285 (Hunt v. Sanders) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunt v. Sanders, 554 N.E.2d 285, 196 Ill. App. 3d 466, 143 Ill. Dec. 350, 1990 Ill. App. LEXIS 114 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

The subject of this appeal is an order entered by the circuit court of Cook County affirming the revocation of plaintiff’s teaching certificates by defendant, who is the State Superintendent of Education, and dismissing plaintiff’s amended complaint. Plaintiff appeals, contending that the State Teacher Certification Board (Board) had the final authority to determine whether his teaching certificates should be revoked. Plaintiff further contends that his right to due process was violated when defendant, after prosecuting him before the Board and receiving an adverse decision, overturned that decision. Plaintiff’s final contention is that defendant’s revocation of his certificates was unreasonable.

Plaintiff was a tenured physical education teacher in the Argo-Summit School District 104 in Cook County, where he taught for 17 years. During the 1983-84 school year, the local board of education sought to discharge plaintiff, charging that he had exhibited immoral and unprofessional conduct by pinching the buttocks of several female students. A hearing was conducted to determine whether the local board had cause to discharge plaintiff. The hearing officer concluded that plaintiff had engaged in “questionable conduct,” but there was no other behavior to infer sexual interaction. The hearing officer then found that plaintiff’s conduct was remediable, and he ordered plaintiff reinstated. The local school board filed a complaint for administrative review. After hearing arguments, the circuit court reversed the decision of the hearing officer and entered an order that plaintiff be discharged from his teaching position. On appeal, the order of the circuit court was affirmed. Board of Education v. State Board of Education (1985), 138 Ill. App. 3d 947, 487 N.E.2d 24.

Seven months after plaintiff’s discharge, Richard Martwick, the regional superintendent of schools for Cook County, suspended plaintiff’s teaching certificates for one year. The following month defendant petitioned the Board to determine whether plaintiff’s teaching certificates should be revoked, and he advised plaintiff of the administrative hearing. Defendant then filed a brief advocating the revocation of plaintiff’s teaching certificates. In November 1986, the Board voted eight to four not to accept defendant’s petition and held that plaintiff was entitled to retain his certificates.

In May 1987, defendant issued an “Administrative Decision” revoking plaintiff’s certificates. The following month plaintiff filed a complaint for mandamus, administrative review and common-law writ of certiorari. The circuit court entered an order that defendant rather than the Board had final authority in certificate revocation cases. Several months later the court reconsidered, vacated its order and found that the Board had final authority in revocation cases. The following month, the court again reconsidered its previous finding in light of Trigg v. Sanders (1987), 162 Ill. App. 3d 719, 515 N.E.2d 1367, and concluded that defendant rather than the Board had final authority in revocation cases. The court then dismissed counts I and III from plaintiff’s complaint but allowed count II for administrative review. Thereafter, the court entered an order granting defendant’s motion to dismiss the complaint in its entirety and affirmed the “Administrative Decision” of defendant to revoke plaintiff’s certificates.

Plaintiff contends that the Board rather than defendant has final authority to determine whether a teacher’s certificate should be revoked. Plaintiff further contends that defendant denied plaintiff his right to due process by prosecuting him before the Board and then purportedly reversing the Board’s adverse decision. The statute governing the suspension or revocation of teaching certificates is section 21 — 23 of the Illinois School Code (Ill. Rev. Stat. 1985, ch. 122, par. 21—23), which provides in part:

“Any certificate issued pursuant to this Article may be suspended for a period not to exceed one calendar year by either the regional superintendent or State Superintendent of Education upon evidence of immorality, a condition of health detrimental to the welfare of pupils, incompetency, unprofessional conduct, the neglect of any professional duty, willful failure to report an instance of suspected child abuse or neglect *** or other just cause. *** The regional superintendent or State Superintendent of Education shall upon receipt of evidence of immorality, a condition of health detrimental to the welfare of pupils, incompetency, unprofessional conduct, the neglect of any professional duty or other just cause serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension. If a hearing is requested within 10 days of notice of opportunity for hearing it shall act as a stay of proceedings not to exceed 30 days. No certificate shall be suspended until the teacher has an opportunity for a hearing at the educational service region. When a certificate is suspended, the right of appeal shall lie to the State Teacher Certification Board. When an appeal is taken within 10 days after notice of suspension it shall act as a stay of proceedings not to exceed 60 days. Any certificate may be revoked for the same reasons as for suspension by the State Superintendent of Education. No certificate shall be revoked until the teacher has an opportunity for a hearing before the State Teacher Certification Board, which hearing must be held within 60 days from the date the appeal is taken.”

The Fourth District Appellate Court recently examined this statute and applied the rules of statutory construction to determine whether the State Superintendent of Education could revoke a teacher’s certificate for the same reason that the regional superintendent suspended the certificate. (Trigg, 162 Ill. App. 3d 719, 515 N.E.2d 1367.) Although the issue in the instant case differs from Trigg, its determination also requires an examination of the statute and an application of the rules of statutory construction.

The primary role of statutory interpretation and construction is to ascertain and effectuate the true intent and meaning of the legislature. (Trigg, 162 Ill. App. 3d 719, 515 N.E.2d 1367.) In interpreting a statute which has not previously been interpreted, the legislative language must be given its plain and ordinary meaning. If the language of the statute is clear and unambiguous and the legislative intent can be ascertained therefrom, the language must prevail and will be given effect by the courts without resorting to other aids of construction. (Trigg, 162 Ill. App. 3d 719, 515 N.E.2d 1367.) However, where, as here, the language is ambiguous, the court is guided by the rules of statutory construction. The interpretation of a statute must be based on the nature and object of the statute as well as the consequences which would result from construing it one way or another. Andrews v. Foxworthy (1978), 71 Ill. 2d 13,

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Bluebook (online)
554 N.E.2d 285, 196 Ill. App. 3d 466, 143 Ill. Dec. 350, 1990 Ill. App. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-sanders-illappct-1990.