Winters v. Arizona Board of Education

83 P.3d 1114, 207 Ariz. 173, 419 Ariz. Adv. Rep. 25, 2004 Ariz. App. LEXIS 25
Court of Appeals of Arizona·Decided February 12, 2004·No. No. 1 CA-CV 03-0147·Published·Cited by 13 cases

Opinion

OPINION

HOAG, Judge.*

¶ 1 In this opinion, we hold that the showing of a nexus, or sufficiently rational connection, between the off-campus actions of a teacher and his/her fitness to teach is required before disciplinary action against the teacher may be taken based on such acts.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 After receiving his master’s degree in education, Claude L. Winters began his first teaching job at Buckeye Union High School in 1997 with a temporary secondary teaching certificate issued by the Arizona Board of Education. In August of 2000, the Board initiated disciplinary proceedings to censure, suspend, suspend with conditions, or revoke the teaching certificate. In its complaint, the Board alleged that disciplinary action was warranted in light of Winters’ conduct as illustrated by five separate incidents dating from October 1998 to April 2000.

¶3 Incident One: On October 15, 1998, Winters and his twenty-one-year-old neighbor were arrested following a verbal altercation. Both were cited for disorderly conduct. The citations were later dismissed by the Buckeye Magistrate Court.

¶ 4 Incident Two: On May 10, 1999, Winters called the Buckeye Police Department and complained that a rock had been thrown through the front window of his home. Later that same evening, Winters’ loaded .357 revolver discharged and damaged a neighbor’s air conditioning unit. He was charged with criminal damage and disorderly conduct with a deadly weapon. Under the terms of a plea agreement, he pled no contest to the [176] unlawful discharge of a firearm, a class 2 misdemeanor, and was sentenced to standard probation for one year.

¶ 5 Incident Three: On August 7, 1999, Winters and another neighbor got into a physical altercation in the street outside their homes. Both were charged with disorderly conduct. The charge against Winters was dismissed.

¶ 6 Incident Four: The next day, on August 8, 1999, Winters and a former student became engaged in a verbal confrontation at a local convenience store. Winters was charged with threatening and intimidating the eighteen-year-old. Citing “insufficient evidence-mutual argument,” the city prosecutor declined to prosecute.

¶ 7 Incident Five: On April 21, 2000, Winters was arrested and charged with obstructing a criminal investigation, aggravated harassment, interfering with a judicial proceeding, and threatening and intimidating. The arrest stemmed from a dispute between Winters and a neighboring family. Both Winters and his neighbors had previously obtained protective orders against each other. Winters had violated that order of protection by threatening the neighbors’ children. He told the children that they “had better sleep with one eye open.” He also told the Buckeye Chief of Police “that if nothing was done about the situation, that something might happen.” Winters accepted a plea agreement and pled guilty to aggravated harassment, a class 1 misdemeanor. He was sentenced to supervised probation for one year and ordered to participate in anger-management counseling as a condition of probation.

¶ 8 After being served with the Board’s complaint, Winters requested and received a hearing before its Professional Practices Advisory Committee (“PPAC”). At the close of the hearing, the PPAC recommended that the Board revoke Winters’ teaching certificate. The Board considered the PPAC’s recommendation and heard testimony from Winters and arguments from his attorney at two separate Board meetings. On November 26, 2001, a majority of the Board voted to adopt the PPAC’s recommendation and revoke Winters’ teaching certificate.

¶ 9 After his motion for reconsideration was denied, Winters sought judicial review of the Board’s decision in superior court. The trial court affirmed the Board’s decision, finding that it was supported by the evidence and not contrary to law, arbitrary, capricious, or an abuse of discretion. Winters timely appeals. We have jurisdiction pursuant to Arizona Revised Statutes (“A.R.S.”) section 12-2101(B) (2003).

DISCUSSION

¶ 10 When reviewing an administrative decision, the trial court determines only whether the administrative action was supported by substantial evidence, and was not illegal, arbitrary, capricious, or an abuse of discretion. Webb v. State ex rel. Ariz. Bd. of Med. Exam’rs, 202 Ariz. 555, 557, ¶ 7, 48 P.3d 505, 507 (App.2002). In our review of the trial court’s decision, we examine the record to determine whether the evidence supports the judgment. Id. Neither the trial court nor this court may substitute its judgment for that of the agency on factual questions or matters involving agency expertise. DeGroot v. Ariz. Racing Comm’n, 141 Ariz. 331, 336, 686 P.2d 1301, 1306 (App.1984). However, statutory interpretation, as a question of law, is subject to our de novo review. See Roller v. Ariz. Dep’t of Transp., 195 Ariz. 343, 345, ¶ 8, 988 P.2d 128, 130 (App.1999).

I.

¶ 11 Winters first contends that the revocation was contrary to law because neither the PPAC nor the Board ever found that he had engaged in immoral or unprofessional conduct. A finding of immoral or unprofessional conduct is required before the Board can impose any disciplinary action, including the revocation of a teaching certificate. See A.R.S. § 15-203(A)(20) (Supp.2003) (“The state board of education shall ... [i]mpose such disciplinary action, including the issuance of a letter of censure, suspension, suspension with conditions or revocation of a certificate, upon a finding of immoral or unprofessional conduct.”). Our review of the record indicates that the [177] PPAC and the Board found that Winters’ conduct was unprofessional.

¶ 12 In its conclusions of law, the PPAC determined that Winters’ conduct, including but not limited to the numerous charges of disorderly conduct, threatening and intimidating, criminal damage, and pleading guilty to aggravated harassment, constituted “good and sufficient cause for disciplinary action against any and all certificates held by him pursuant to A.R.S. § 15-203(A)(14) and (20)[.]” Moreover, the chair of the PPAC twice stated at the hearing that there had been a finding of unprofessional conduct.1 Furthermore, both attorneys before the PPAC noted that the primary issue to be determined was whether Winters’ conduct constituted unprofessional conduct. In short, it is clear from the record that the PPAC considered and found Winters’ conduct to be unprofessional. The Board adopted the PPAC’s findings and conclusions. We thus reject Winters’ contention that there was no finding of unprofessional conduct.

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Winters v. Arizona Board of Education, 83 P.3d 1114, 207 Ariz. 173, 419 Ariz. Adv. Rep. 25, 2004 Ariz. App. LEXIS 25 (Ark. Ct. App. 2004).

83 P.3d 1114 (Winters v. Arizona Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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