Vukadinovich v. Board of School Trustees of Michigan City Area Schools
| Decision Date | 24 November 1992 |
| Docket Number | No. 91-3480,91-3480 |
| Citation | 978 F.2d 403 |
| Parties | 78 Ed. Law Rep. 269 Brian VUKADINOVICH, Plaintiff-Appellant, v. BOARD OF SCHOOL TRUSTEES OF the MICHIGAN CITY AREA SCHOOLS, Clyde H. Zeek, Allan Whitlow, Nathaniel Clay, Diane Dibkey, Carmelo Gentile, and Greg Hanke, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Brian Vukadinovich, pro se.
Peter G. Tamulonis, John B. Drummy (argued), Donald L. Dawson, Thomas E. Wheeler, Kightlinger & Gray, Indianapolis, Ind., Marsha S. Volk, Newby, Lewis, Kaminski & Jones, LaPorte, Ind., David Cerven, Kathryn D. Schmidt, Burke, Murphy, Costanza & Cuppy, East Chicago, Ind., Burke, Murphy, Costanza & Cuppy, Merrillville, Ind., for defendants-appellees.
Before BAUER, Chief Judge, FLAUM, Circuit Judge, and WOOD, Jr., Senior Circuit Judge.
Brian Vukadinovich appeals from the district court's grant of summary judgment in favor of the defendant Board of School Trustees of the Michigan City Area Schools (the "Board"), and individual defendants Clyde Zeek, Nathaniel Clay, Allan Whitlow, Diane Dibkey, Greg Hanke, and Carmelo Gentile. Vukadinovich sued the Board and other defendants under 42 U.S.C. § 1983 claiming that the circumstances surrounding the termination of his employment as a teacher for the Michigan City Area Schools ("M.C.A.S.") violated the United States Constitution. On appeal, Vukadinovich raises a variety of claims. Initially, he contends that the defendants violated his right to freedom of speech under the First Amendment as incorporated by the Fourteenth Amendment. Next, Vukadinovich claims that the defendants violated his rights to procedural due process and equal protection of the laws guaranteed him by the Fourteenth Amendment. Finally, he alleges pendent state law claims for breach of contract, defamation, and slander. Because we find no merit in any of Vukadinovich's claims, we affirm.
From 1983 until 1988, Brian Vukadinovich worked in the M.C.A.S. system, initially as a part-time teacher, then as a full-time teacher. He taught at Barker Junior High, Krueger Junior High, Elston High School, and, lastly, at Rogers High School. He also volunteered as an assistant basketball coach at Rogers. Appellant's Brief at 2-3.
On February 12, 1986, Vukadinovich appeared at a regular meeting of the Board and publicly criticized the Board for hiring Clyde Zeek as Superintendent of the M.C.A.S. Shortly after the meeting, Zeek approached him and requested a meeting in Zeek's office for the following Monday. Zeek told Vukadinovich that he did not think it was "appropriate for [Vukadinovich] to be appearing before the School Board and saying things that you shouldn't be saying in public." Appellant's Appendix at 19. Zeek also told Vukadinovich that "it was a big mistake for [Vukadinovich] to appear before the Board in public, to criticize him and things that were going on under his leadership and direction, and [that Vukadinovich] would be making a mistake if [he] continued to do that." Id. at 20.
Following his criticism of Superintendent Zeek and the Board, Vukadinovich continued working as a teacher for the M.C.A.S. Eventually, Assistant Superintendent Allan Whitlow recommended that Vukadinovich be made a full-time teacher. Zeek approved the recommendation and, in August of 1987, the Board awarded Vukadinovich a full-time teaching contract.
The year before, however, a series of legal problems had begun to plague Vukadinovich. On May 21, 1986, a jury in the Circuit Court of LaPorte County, Indiana, found Vukadinovich guilty of driving while intoxicated and of public intoxication. Vukadinovich received a sentence of 365 days in jail, with all but 30 days suspended. His conviction was affirmed on appeal. Appellees' Brief at 5. Vukadinovich was incarcerated in the LaPorte County jail from December 21, 1987 until January 19, 1988. As a result of the incarceration, he missed eleven days of work.
Vukadinovich's troubles did not end there. On June 5, 1987, while the appeal of the LaPorte County conviction was pending, he was convicted in the Circuit Court of Jasper County, Indiana, of resisting law enforcement and of operating a motor vehicle without a valid license. He received a sentence of one year in jail. Again, the court suspended all except 30 days of his sentence (to be served on weekends), but put Vukadinovich on probation for the rest of the year. 1
On December 21, 1987, after Zeek and Whitlow learned of Vukadinovich's incarceration for his first conviction, they met to discuss Vukadinovich's future with the M.C.A.S. On January 8, 1988, pursuant to Indiana Code § 20-6.1-4-11, Zeek sent Vukadinovich a certified letter which notified Vukadinovich that on February 9, 1988, the Board would consider canceling Vukadinovich's employment contract. The letter set out the procedures to be followed and informed Vukadinovich of his right to request a hearing before the Board. The letter further provided the reasons why the Board was considering canceling Vukadinovich's contract. It listed the following reasons: "immorality (based upon the conviction of violation of criminal laws resulting in an interference with the educational purposes); neglect of duty; other good and just cause." Appellees' Brief at 7.
Vukadinovich formally requested a hearing before the Board, a statement of the reasons for the consideration of cancellation, and a list of witnesses to be called and documents to be offered by the Board at the hearing. The Board, by letter dated February 4, 1988, notified Vukadinovich of the date, time, and place for the hearing. Appellant's Appendix at 25. By two separate letters, both dated February 8, 1988, Vukadinovich informed Zeek that he (Vukadinovich) would be represented in the matter by the Indiana State Teachers' Association and the Michigan City Education Association in the person of Robert Rosinski. Prior to the hearing, Vukadinovich appeared at Superintendent Zeek's office and asked that he be allowed to inspect his personnel file. Vukadinovich examined his file and found that it contained nothing out of the ordinary. Appellant's Brief at 5.
The Board convened for the hearing on March 5, 1988. Attorney Marsha Volk, who was also the Board's private attorney, presided over the hearing. Volk presided without objection and made rulings concerning the admissibility of evidence. She did not act as a prosecutor for the school administration. Rick Small, counsel for the administration, filled that role. Also, Volk did not participate in the Board's deliberations. During the hearing, both the school administration and Vukadinovich were allowed to present evidence, including the testimony of witnesses, to cross-examine witnesses presented by the other party, and to argue their respective positions to the Board.
Several witnesses testified at the hearing. One witness, Janine Hooley (a Drug Free Coordinator for substance and alcohol abuse), testified about Vukadinovich's alleged alcoholism. Board member Greg Hanke also testified that Vukadinovich had a problem with alcohol. Hooley and other witnesses asserted that other teachers and employees had similar problems with alcohol.
At the March 5, 1988 hearing, Vukadinovich did not allege that the proposed cancellation of his employment contract was in retaliation for his criticism of the Board and Superintendent Zeek in February of 1986. At least two Board members, Greg Hanke and Karen Janus, were not members of the Board in 1986. Hanke stated in his deposition that he had no knowledge of Vukadinovich's 1986 comments. He also stated that the Board never discussed Vukadinovich's 1986 comments.
On March 22, 1988, the Board voted to terminate Vukadinovich's employment for "immorality, neglect of duty, best interests of the School Corporation, and other good and just cause." Appellees' Brief at 14. The Board sent Vukadinovich a letter that notified him of their decision. On June 14, 1988, the Board sent Vukadinovich another letter informing him that the Board approved his submission of his discharge grievance to arbitration. Appellant's Appendix at 115. Vukadinovich submitted his grievance to arbitration and the arbitrator determined that the Board should reinstate him. The Board then filed suit in an Indiana state court challenging the validity of the employment contract's arbitration provision as it related to the cancellation of a teacher's contract. The Indiana court entered summary judgment in favor of the Board. On September 18, 1991, an Indiana appellate court affirmed the decision. Michigan City Educ. Assoc. v. Board of School Trustees, 577 N.E.2d 1004 (Ind.App.1991).
After the Board discharged Vukadinovich, some Board members made derogatory comments about him. Defendants Diane Dibkey and Assistant Superintendent Whitlow described Vukadinovich to local newspaper reporters as "immoral." Appellant's Appendix at 128-137. Also, Superintendent Zeek criticized Vukadinovich before a group of public school administrators. Appellant's Brief at 10.
In February of 1989, defendant Carmelo Gentile, the principal of Rogers High School, discovered that Vukadinovich was frequently on school grounds and was still volunteering as an assistant basketball coach. Gentile also found that a student had been given a copy of the arbitrator's award. On February 24, 1989, Gentile called Vukadinovich at home and told him to stay away from Rogers High School. Gentile also demanded that Vukadinovich stop talking to local newspapers about the case. Finally, Gentile ordered Earl Cunningham, a Rogers High School teacher, to report to Gentile any time he saw Vukadinovich on the school grounds.
Vukadinovich sued the Board, Superintendent Zeek, Zeek's successor Nathaniel Clay, Assistant Superintendent Whitlow, Principal Gentile, and Board members Dibkey and Hanke for alleged constitutional violations under...
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