Roger M. Shaw and Richard A. Winn v. The Board of Trustees of the Frederick Community College, a Governmental Corporation

549 F.2d 929
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 29, 1976
Docket75-1902
StatusPublished
Cited by12 cases

This text of 549 F.2d 929 (Roger M. Shaw and Richard A. Winn v. The Board of Trustees of the Frederick Community College, a Governmental Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roger M. Shaw and Richard A. Winn v. The Board of Trustees of the Frederick Community College, a Governmental Corporation, 549 F.2d 929 (4th Cir. 1976).

Opinions

WIDENER, Circuit Judge:

This § 19831 action arises out of the dismissal of two college teachers from positions at Frederick Community College, a public educational institution in Frederick County, Maryland, for violating a provision of the college’s Policy Manual. We are faced in this appeal with a frequently raised issue in teacher discharge cases— whether the dismissals were for violations of legitimate conditions of employment, or, as plaintiffs claim, for engaging in constitutionally protected activity.

The district court held that plaintiffs were discharged because they willfully and in concert with others failed to take part in two college functions in which their participation was mandatory: a scheduled faculty workshop and commencement exercises. It refused to hold that those violations of the Policy Manual were used as a pretext for the discharge of plaintiffs for exercising rights protected under the First Amendment.

We agree with the district court’s conclusion that the discharges were not pretextual. We do not agree with plaintiffs’ claim that the discharges did not comport with the requirements of the due process and equal protection clauses of the Fourteenth Amendment. We therefore affirm.

Roger Shaw and Richard Winn had been teaching at Frederick Community College since 1968 and 1969, respectively. At the time the events to be described below occurred, Professor Shaw was tenured, and Professor Winn was under a continuing appointment.2 Both were designated Division Chairmen, positions that entailed considerable administrative responsibilities in addition to teaching duties.

The Policy Manual, which sets forth regulations adopted by the Board of Trustees for the governance of the college, and which all teachers were expected to be familiar with, specifically imposed upon Shaw and Winn the obligation to attend and par[931]*931ticipate in, among other things, commencement and scheduled workshops.3

The sequence of events that culminated in the dismissals of Shaw and Winn began in the fall of 1971, when the Board of Trustees decided to replace the tenure system with a system of continuing appointments for all non-tenured faculty. The tenured teachers were protected by a grandfather clause. This decision sparked considerable faculty dissent, which, over the next two academic years, resulted in a movement for the creation of a new faculty organization, and eventually in demands for recognition of such an organization for the purpose of collective bargaining with the trustees. At a meeting held on May 9,1973, at which twenty-one members of the faculty were present, including Professors Shaw and Winn, a resolution was adopted that the faculty “will not meet any professional obligations until the Board grants negotiating rights.” While Shaw and Winn apparently spoke against this resolution, it is admitted they refused to perform the obligations for which they were discharged.

The trustees were hesitant to approve formal recognition of an exclusive bargaining agent for the faculty because of concern, verified by the Maryland Attorney General, that such action might violate state law. At a meeting held on May 16, 1973, however, the trustees proposed a limited form of recognition, subject to conditions found unacceptable by certain members of the faculty. The intention of this group, which included Shaw and Winn, not to meet their professional obligations until negotiating rights were granted, was reiterated.

The following day, the dissident faculty members held a meeting, at which it was resolved that they would attend commencement on May 20th, but would not march in the procession in academic regalia nor sit in the designated section of the auditorium. Although the district court credited evidence that Professors Shaw and Winn endeavored to temper the more militant desires of some of those in attendance, it is conceded that they were among thirty faculty members who boycotted a faculty workshop scheduled for May 17th, and that they took part in the planned failure to participate fully in commencement three days thereafter.

On about May 22, 1973, Professors Shaw and Winn received letters from Dr. Stephens, the college president, stating that termination of their employment as of June 30, 1973 was being considered. The assigned reasons were that they willfully and in concert with others refused to attend the workshop on May 17, 1973, and refused to participate in commencement exercises on May 20th.

These letters, which were received in slightly different form by the other protesting faculty members who were not Division Chairmen, far from represented an irrevocable decision of dismissal. Indeed, Dr. Stephens made known his desire to meet with each protestor, and solicited letters from each explaining his actions. Everyone understood the deadline for action by Shaw and Winn was June 30th. Following discussions in mid-June with an attorney representing all (including Shaw and Winn) but one of those who received termination letters, Dr. Stephens indicated that termination proceedings would be dismissed against all those who met the following conditions: Acknowledged that the activities engaged in were a neglect of professional duties; promised not to participate in such activities in the future; and agreed that the Policy Manual was the basis upon which the college would be run. Dr. Stephens even agreed to accept a prepared form letter4 incorporating these conditions, [932]*932subject to the requirement that each faculty member desiring to avail himself of this procedure also have a personal conference with him.

Professors Shaw and Winn, despite the availability of this form letter procedure, failed to take action to head off dismissal proceedings prior to their deadline of June 30th. The record reflects Dr. Stephens’ continuous desire prior to that date to sit down and discuss the matter with them, and his encouragement that they accept the conditions that had been set forth. They declined to do so, however, until July 2, 1973, Professor Winn having previously indicated his unwillingness to admit that he had neglected his professional duties.

When letters similar to those that had previously been found acceptable were finally received from Shaw and Winn on July 2nd,5 Dr. Stephens advised the two that their action had come too late and that the matter had been referred to the Board of Trustees.

Following hearings by the Board in July and August, at which Shaw and Winn were represented by their attorney, an alternative to dismissal was offered to the four remaining faculty members, including Shaw and Winn, who had failed to meet the June 30th deadlines. They were offered one year employment contracts, provided they perform work off campus. Shaw and Winn declined this offer, and were subsequently discharged.

I

At the outset, we delineate the limited scope of our inquiry in this case. While courts have not hesitated to require the setting aside of school board action that penalized teachers for the exercise of First Amendment rights, Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968); Johnson v. Branch, 364 F.2d 177 (4th Cir. 1966), cert. den.

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Bluebook (online)
549 F.2d 929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roger-m-shaw-and-richard-a-winn-v-the-board-of-trustees-of-the-frederick-ca4-1976.