White v. BOARD OF TRUSTEES, ETC.

648 P.2d 528, 5 Educ. L. Rep. 633, 1982 Wyo. LEXIS 361
CourtWyoming Supreme Court
DecidedJuly 20, 1982
Docket5601
StatusPublished
Cited by26 cases

This text of 648 P.2d 528 (White v. BOARD OF TRUSTEES, ETC.) 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
White v. BOARD OF TRUSTEES, ETC., 648 P.2d 528, 5 Educ. L. Rep. 633, 1982 Wyo. LEXIS 361 (Wyo. 1982).

Opinions

RAPER, Justice.

This appeal is from an order of the district court sustaining the action taken by the Board of Trustees of Western Wyoming Community College District (appellee)1 in terminating appellant’s teaching contract. Appellant’s termination was premised upon his permitting members of the school band, while on tour under his supervision, to consume marijuana and alcoholic beverages, and for his own consumption along with the band members, as well, in breach of the terms of his contract. Appellant presents the following issues for our review:

“A. Whether the Appellees terminated Appellant’s teaching contract without sufficient notice, hence without due process of law.
“B. Whether the Appellant had the burden to discover evidence concerning charges not included in the notice to him. “C. Whether the Appellees erred in admitting irrelevant and immaterial evidence concerning matters outside the scope of the notice.
“D. Whether the Appellees’ termination of Appellant’s teaching contract was an abuse of discretion.”

We will affirm.

The appellant was an assistant professor of music at the Western Community College (College) pursuant to his employment contract with that institution dated March 27, 1980. Portions of the contract include as terms:

“The said Instructor further agrees to well and faithfully perform duties as an instructor in said College, and to faithfully comply with all rules and regulations established for the government thereof, whether provided by law or adopted by the Board of Trustees of said College; and to accept such assignments and extra-curricular activities or duties as the Board of Trustees of said College may deem advisable.
* * * * * *
[530]*530“It is further agreed that this agreement may, at the option of said College, be declared null and void for any of the following reasons:
* * * * * ⅜
“2. Neglect, failure or refusal on the part of said Instructor to carry out any provisions of this agreement.
“4. Incompetency or failure to properly instruct and govern the students in charge of said Instructor, or failure to carry out properly any other duties assigned said Instructor. [Emphasis added.]
“5. Conduct on the part of said Instructor detrimental to the best interests of said College or unbecoming an Instructor in said College.”

On July 25,1980, Dr. Slafter, president of the college, served upon appellant the following notice:

“You are hereby notified that the Administration of the College District has recommended to the Board of Trustees that your employment contract be immediately terminated.
“If you feel that the proposed termination of contract is based upon the exercise of any of your constitutional rights, or if you feel you have an expectation of continued employment arising from express or implied rules, agreements or policies of the College District, or if you feel that the termination of your contract will imply a stigma or disability on your reputation which would foreclose your freedom to take advantage of other employment opportunities, you may request prior to August 14, 1980, the following:
“(1) Notice of the reasons for the proposed termination of your contract.
“(2) A hearing before the Board of Trustees.
“(3) To have such hearing conducted within thirty (30) days from and after receipt by the College District of your request.
“(4) At any such hearing to appear with counsel, present witnesses and other relevant evidence, and cross examine adverse witnesses.
“(5) To be provided with the names of any and all witnesses against you.
“(6) To inspect the written findings and results of any such hearing.”

On August 12, 1980, appellant sent the following requests to Dr. Slafter:

“TO THE ADMINISTRATION OF THE COLLEGE DISTRICT:
“In reference to the notification of July 25, 1980 that a request has been made to the Board of Trustees that my employment contract be terminated:
“I hereby request notice of the reasons for the proposed termination of contract; “I hereby request a hearing before the Board of Trustees — said hearing to take place after I have had time to peruse the list of reasons for my termination and to consult with legal counsel as to the method of my defense.
“Be it known at this time:
“I have expressed willingness on three separate occasions to discuss in full with Dr. Slafter whatever evidence is being presented against me.
“My requests for discussion have been denied.
“I have a valid contract with the Board of Trustees signed, sealed and delivered prior to April 15, 1980. I do not believe legal cause exists for alteration of that contract.”

On August 29, 1980 appellant received from Dr. Slafter the following response:

“NOTICE OF REASONS FOR TERMINATION RECOMMENDATION AND NOTICE OF HEARING
“TO: Dr. John D. White
“Pursuant to my letter of July 25, 1980 and your request dated August 12,1980,1 herewith give you notice in writing of the reasons for the proposed termination of your contract.
“You have since your arrival at Western Wyoming College, continually engaged in conduct which has been characterized by failure to comply with rules and regula[531]*531tions for government of the college, insubordination, failure to cooperate faithfully with the Board of Trustees, the President and their duly authorized agents, and which has been detrimental to the College and unbecoming your position at the College, [2] to-wit: [Emphasis added.]
“1. Resistance to established evacuation procedures during a duly authorized and legally required fire drill in the residence hall area.
“2. Violation of regulations prohibiting possession of alcoholic beverages in open containers in general use areas of residence halls.
“3. Use of profane and abusive language toward students, custodial personnel, administrators, and faculty members.
“4.

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Bluebook (online)
648 P.2d 528, 5 Educ. L. Rep. 633, 1982 Wyo. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-board-of-trustees-etc-wyo-1982.