Northern Wyoming Community College District v. Nipps

582 P.2d 83, 1978 Wyo. LEXIS 222
CourtWyoming Supreme Court
DecidedJuly 31, 1978
DocketNo. 4872
StatusPublished

This text of 582 P.2d 83 (Northern Wyoming Community College District v. Nipps) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Northern Wyoming Community College District v. Nipps, 582 P.2d 83, 1978 Wyo. LEXIS 222 (Wyo. 1978).

Opinion

ROSE, Justice.

This appeal, from a district court reversal of an administrative decision rendered by the Board of Trustees of Northern Wyoming Community College District, located at Sheridan, Wyoming, concerns the application of a revised salary schedule to the appellee—a faculty member at the College. The district court found that the Board’s decision, denying appellee’s request that he be advanced on the 1976-77 salary schedule, was arbitrary, capricious and characterized by abuse of discretion. We disagree and, therefore, will reverse the district court and reinstate the Board’s decision.

FACTS

The appellee, James N. Nipps, joined the College faculty in 1967. Effective September 1, 1970, the Board adopted a salary schedule for instructional staff, wherein faculty members were paid according to years of experience and rank. The schedule provided:

“Advancement on the salary schedule is not automatic. The faculty member will be evaluated on total performance for advancement.”

At the same time, the Board adopted various components of a career plan under which appellee was ranked and paid as an assistant professor. The January 20, 1972, version of the career plan—applicable to all salaries—indicated that academic rank was not the sole consideration to be taken into account in fixing salaries. The March 9, 1972, version of the plan—applicable to rank—indicated under a section entitled, “Criteria for Academic Levels,” that:

“The Associate Professor, in addition to possessing all the qualifications of the Assistant Professor, will:
“1. Possess at least 30 hours beyond the master’s degree and/or other [85]*85achievements which are appropriate to this rank.
“2. Have completed a total of three years of teaching.
“3. Possess a record of contributions to the profession extending beyond the school.” [Emphasis supplied]

On May 17, 1973, appellee requested and received an advancement to the rank of Associate Professor based on a Board finding of “other achievements.” When he received this advancement, appellee had actually earned less than 30 hours beyond his master’s degree.

In 1975, the Board eliminated rank classifications for all faculty members and adopted a revised salary schedule effective for the 1975-76 academic year. Thereafter, rank was no longer a basis for salary consideration. Faculty members were, however, placed on the new salary schedule according to the rank they held at the time of its implementation. As directed by the revised policy, appellee was placed in the “MA + 30” column of the new schedule, and thereby received a salary increase from $12,275 to $14,660 a year.

Although rank was used for initial placement on the new schedule, it, nevertheless, went on to provide:

“Those faculty members who are placed according to rank must meet all credit requirements for the next column before additional columnar changes can be attained.” [Emphasis supplied]

On May 16, 1975, appellee requested—for purposes of his 1976-77 salary—that he be placed on the appropriate step of the “MA + 45” column of the schedule. When this request was made, appellee had earned only a total of 29 credit hours beyond his master’s degree—however, he had earned 15 of these hours since being appointed an associate professor. The Board denied the request and, after an administrative hearing, found that appellee did not meet all credit requirements of advance college credits for advancement to the “MA + 45” credit hour column. It is the reversal of this decision which the Board now appeals.

THE ISSUE

The sole issue with which we are concerned is whether the Board arbitrarily or capriciously applied the 1975 salary schedule to appellee. Appellee contends that the Board improperly rejected and failed to give meaning to its previous decision that appellee had the “equivalent” of 30 credit hours beyond his master’s degree. The result of this rejection, says appellee, is to impermissibly engage in a re-evaluation of his status as formulated under previous salary schedules. In response, the Board urges that it did not re-evaluate or re-rate the appellee, and that its new salary policy was reasonable.

HOLDING

The board is given, by statute, the authority to prescribe and enforce rules and regulations governing the Northern Wyoming Community College. Section 21-18-206(a)(i), W.S.1977. The courts may set aside the governing board’s application of such regulations only where the board acts arbitrarily or fraudulently, or where there is an illegal exercise of discretion; and the burden of proving such defects is on the complainant. Associated Enterprises, Inc. v. Toltec Watershed Improvement District, Wyo., 578 P.2d 1359; and Wyoming Bancorporation v. Bonham, Wyo., 527 P.2d 432. See, Richards v. Board of Education of Township High School District No. 201, 21 Ill.2d 104, 171 N.E.2d 37. In deciding whether appellee sustained that burden in this case, we begin with the proposition that

“. . . teachers are protected against any arbitrary reduction in rank or rating. When the Board has once adopted a policy and, without fraud, error or mistake, rates a teacher under that policy, although the Board may change its policy as to new entrants into the department, it has no power years later to go back and review that teacher’s case, and to re-rate that teacher prospectively, on the theory that the original rating was too high. The Board having once acted lawfully in rating a teacher has exhaust[86]*86ed its power over that subject matter.” [Emphasis supplied] Aebli v. Board of Education, 62 Cal.App.2d 706, 758, 145 P.2d 601, 627. See, People v. Board of Education of City of Chicago, 86 Ill.App.2d 298, 230 N.E.2d 85.

The threshold inquiry, then, is whether appellee proved that he was re-rated. If there was no re-rating or re-evaluation, there can be no basis upon which to conclude that the Board’s action was arbitrary or capricious—especially in light of appel-lee’s concession that he does not question the validity of the new salary schedule, only its application to him.

In the instant case, the Board—in 1973—classified the appellee as an Associate Professor based on “other achievements which are appropriate to this rank.” In 1975, under the revised career plan, appellee was placed in the “MA + 30” salary column because of the rank held by him at the time of the plan’s implementation. Assuming, arguendo, that this Board action constituted a recognition that appellee possessed the “equivalent” of 30 credit hours beyond his master’s degree for the purpose of initial placement on the schedule, it does not follow that the Board has thereby rated appel-lee’s qualifications as “equivalent” to 30 hours of earned credit for placement in a higher salary class

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Related

Wyoming Bancorporation v. Bonham
527 P.2d 432 (Wyoming Supreme Court, 1974)
People v. Board of Education of Chicago
230 N.E.2d 85 (Appellate Court of Illinois, 1967)
San Diego Federation of Teachers v. Board of Education
216 Cal. App. 2d 758 (California Court of Appeal, 1963)
Aebli v. Board of Education
145 P.2d 601 (California Court of Appeal, 1944)

Cite This Page — Counsel Stack

Bluebook (online)
582 P.2d 83, 1978 Wyo. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northern-wyoming-community-college-district-v-nipps-wyo-1978.