Mitchell v. University of Kentucky

366 S.W.3d 895, 33 I.E.R. Cas. (BNA) 1351, 2012 WL 1450283, 2012 Ky. LEXIS 47
CourtKentucky Supreme Court
DecidedApril 26, 2012
Docket2010-SC-000762-TG, 2010-CA-002119-MR
StatusPublished
Cited by15 cases

This text of 366 S.W.3d 895 (Mitchell v. University of Kentucky) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. University of Kentucky, 366 S.W.3d 895, 33 I.E.R. Cas. (BNA) 1351, 2012 WL 1450283, 2012 Ky. LEXIS 47 (Ky. 2012).

Opinions

Opinion of the Court by

Justice SCHRODER.

Appellant Michael Mitchell appeals from an order of the Fayette Circuit Court granting summary judgment in favor of Appellees, the University of Kentucky and several of its employees and entities (collectively “UK”), in a suit where Mitchell claimed UK terminated his employment in violation of public policy. We conclude that Mitchell’s discharge was contrary to a fundamental and well-defined public policy, i.e., the right to bear arms as evidenced by the Kentucky Revised Statutes. We further conclude that an explicit legislative statement prohibited Mitchell’s discharge, and that the reason for his discharge was his exercise of a right conferred by well-established legislative enactments; Therefore, UK was not entitled to summary judgment, and we remand for further proceedings.

I. BACKGROUND

The facts in this case are almost entirely undisputed. In 2009, Mitchell was employed at-will as an anesthesia technician at the University of Kentucky Chandler Medical Center, while also attending the University as a graduate student. He had a valid license to carry a concealed deadly weapon pursuant to KRS 237.110 (“concealed carry license”). On April 22, 2009, several of Mitchell’s coworkers were under the impression that he had a firearm in his employee locker. The employees reported this to hospital administration.

Hospital administrators contacted the University of Kentucky Police Department. When questioned, Mitchell denied having a firearm in his locker. Police and hospital administrators searched Mitchell’s locker with his permission, but found no weapons. Mitchell informed officers that he had a concealed carry license and admitted that he kept a firearm in his vehicle, which was parked on University property at Commonwealth Stadium. UK suspended Mitchell’s employment pending an investigation.

Campus police escorted Mitchell to his car, where he showed them the semiautomatic pistol he had stored in his vehicle. In their respective briefs, the parties agree that Mitchell’s weapon was stored in the vehicle’s glove compartment. However, at an unemployment benefits hearing, Mitchell testified that the weapon was stored in his vehicle’s armrest. Police confiscated the weapon pending an investigation. On April 29, 2009, the University terminated Mitchell’s employment for violation of its policy prohibiting possession of a deadly weapon on University property or while conducting University business.

Mitchell filed suit, alleging termination in violation of public policy, specifically, his right to bear arms as set forth in the United States Constitution, the Kentucky Constitution, and the Kentucky Revised Statutes. After interpreting the relevant statutory provisions, the circuit court concluded that UK terminated Mitchell pursuant to a policy authorized by law. The circuit court granted summary judgment in favor of UK, finding that there was no genuine issue of material fact, and that UK was entitled to judgment as a matter of law. After filing a notice of appeal, Mitchell filed a motion to transfer the appeal from the Court of Appeals to this Court. This Court then granted Mitchell’s motion. CR 74.02.

II. ANALYSIS

“The standard of review on appeal of a summary judgment is whether [898]*898the trial court correctly found that there were no genuine issues as to any material fact and that the moving party was entitled to judgment as a matter of law.” Coomer v. CSX Transp., Inc., 319 S.W.3d 366, 370 (Ky.2010) (quoting Scifres v. Kraft, 916 S.W.2d 779, 781 (Ky.App.1996)). “Because summary judgment involves only legal questions and the existence of any disputed material issues of fact, an appellate court need not defer to the trial court’s decision and will review the issue de novo.” Lewis v. B & R Corp., 56 S.W.3d 432, 436 (Ky.App.2001) (footnote omitted).

Mitchell contends he was wrongfully terminated in violation of public policy. Ordinarily, an at-will employee may be discharged “for good cause, for no cause, or for a cause that some might view as morally indefensible.”. Firestone Textile Co. Div. v. Meadows, 666 S.W.2d 730, 731 (Ky.1983) (citing Production Oil Co. v. Johnson, 313 S.W.2d 411 (Ky.1958); Scroghan v. Kraftco Corp., 551 S.W.2d 811 (Ky.App.1977)). However, there is “a narrow public policy exception” to the terminable-at-will doctrine, which is subject to the following limitations:

1) The discharge must be contrary to a fundamental and well-defined public policy as evidenced by existing law.
2) That policy must be evidenced by a constitutional or statutory provision.
3) The decision of whether the public policy asserted meets these criteria is a question of law for the court to decide, not a question of fact.

Grzyb v. Evans, 700 S.W.2d 399, 401 (Ky.1985). See also Firestone, 666 S.W.2d at 731 (quoting Brockmeyer v. Dun & Bradstreet, 113 Wis.2d 561, 335 N.W.2d 834, 835 (1983)). In addition, a discharge is actionable as being contrary to public policy only (1) where there are “explicit legislative statements prohibiting the discharge,” (2) where “the alleged reason for the discharge ... was the employee’s failure or refusal to violate a law in the course of employment,” or (3) when “the reason for the discharge was the employee’s exercise of a right conferred by well-established legislative enactment.” Hill v. Kentucky Lottery Corp., 327 S.W.3d 412, 422 (Ky.2010) (quoting Grzyb, 700 S.W.2d at 402).

It is beyond question that public institutions of higher education have “the power and authority to govern and control the method and purpose of use of property owned or occupied by their respective institution[s].... ” KRS 164.975(1). In O’Leary v. Commonwealth, our predecessor Court recognized the authority of a public university to control the use of its property. 441 S.W.2d 150, 156-57 (Ky.1969). The narrow question presented in this case is whether any fundamental and well-defined public policy limits the authority of a university to control the possession of deadly weapons on its campus, and therefore renders Mitchell’s termination unlawful as a violation of public policy.

“[T]he long-standing practice of this Court is to refrain from reaching constitutional issues when other, non-constitutional grounds can be relied upon.” Baker v. Fletcher, 204 S.W.3d 589, 597-98 (Ky.2006) (citing Dawson v.

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Mitchell v. University of Kentucky
366 S.W.3d 895 (Kentucky Supreme Court, 2012)

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Bluebook (online)
366 S.W.3d 895, 33 I.E.R. Cas. (BNA) 1351, 2012 WL 1450283, 2012 Ky. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-university-of-kentucky-ky-2012.