Blaine v. Moffat County School Dist. Re No. 1
| Decision Date | 11 January 1988 |
| Docket Number | No. 85SC455,85SC455 |
| Citation | 748 P.2d 1280 |
| Parties | 44 Ed. Law Rep. 763 Patricia BLAINE, Petitioner, v. MOFFAT COUNTY SCHOOL DISTRICT RE NO. 1, Respondent. |
| Court | Colorado Supreme Court |
Skaalerud & Price, George C. Price, Gregory Lawler, Denver, for petitioner.
Thomas C. Thornberry, Craig, for respondent.
We granted certiorari to review the decision of the court of appeals in Blaine v. Moffat County School Dist. RE No. 1, 709 P.2d 96 (Colo.App.1985), which affirmed an order of the Moffat County School District Board of Education (school board) dismissing the petitioner, Patricia Blaine, from her position as a tenure teacher with the school district. In affirming the school board's order of dismissal, the court of appeals held: (1) that the school board did not violate section 22-63-117(10), 9 C.R.S. (1983 Supp.), 1 when it accepted the hearing officer's findings of evidentiary fact but nonetheless dismissed Blaine over the hearing officer's recommendation of retention; and (2) that the school board did not abuse its discretion when it determined that Blaine's conduct constituted neglect of duty under section 22-63-116, 9 C.R.S. (1987 Supp.). Although we construe section 22-63-117(10) differently than did the court of appeals, we nevertheless reach the same result as that court and accordingly affirm the judgment.
Patricia Blaine was a teacher in the Moffat County school district and had acquired tenure status on May 13, 1982. 2 Blaine's contract with the school district was expressly made subject to all policies, rules, and regulations adopted by the school board. A written policy of the school board prohibited the use or possession of alcoholic beverages by any student during a school sponsored activity. 3 This policy was set out in a teacher's handbook which was distributed to teachers in the district.
In addition to her teaching responsibilities, Blaine's duties included her serving as head cheerleader sponsor for student cheerleaders. Blaine received additional salary compensation from the school district for this added responsibility. From March 3, 1983 to March 5, 1983, Blaine, in her capacity as head cheerleader sponsor, and Betty Campbell, a library clerk and assistant cheerleader sponsor for the school district, accompanied eight female student cheerleaders to a district basketball tournament in Grand Junction, Colorado. While staying in Grand Junction, the cheerleaders occupied two motel rooms, four to each room, and Blaine and Campbell shared a room next to the cheerleaders' rooms.
On March 17, 1983, the school board notified Blaine that it had accepted the recommendation of Charles C. Grove, the superintendent of schools, to review charges of misconduct against Blaine. These charges alleged that during the district basketball tournament in Grand Junction, Blaine, in her capacity as head cheerleader sponsor, neglected her duty to provide for the general health, safety, and welfare of student cheerleaders under her care and violated district policies in the following particulars: (1) Blaine approved the purchase of alcoholic beverages by the students and permitted them to hold a party in the motel; (2) Blaine allowed the student cheerleaders, including those under age, to consume alcoholic beverages in the motel; and (3) Blaine fraternized with the student cheerleaders while they were drinking alcoholic beverages, and drank with them herself. Blaine requested a hearing on the charges. A hearing officer was selected pursuant to section 22-63-117(5), 9 C.R.S. (1983 Supp.), and on September 19, 1983, the hearing officer conducted a hearing at which the testimony of several witnesses was presented.
Charles Grove testified that his investigation of the incident revealed that Blaine had given the cheerleaders permission to have a party and drink beer. He testified that Blaine admitted to him that the cheerleaders drank beer in her presence and that she drank beer with them. Although the superintendent testified that he considered Blaine a good teacher, he was of the opinion that Blaine's conduct in drinking beer with the cheerleaders had a harmful effect on the students and the extracurricular activities of the school district.
Blaine testified that after arriving at the motel she ordered pizza for herself, Betty Campbell, and the cheerleaders. She also ordered beer for herself and drank the beer in her motel room while she and the students were eating the pizza. On this occasion, she did not offer any beer to the students. Later in the evening, when Blaine and Campbell were in their room, they heard a noise from one of the cheerleaders' rooms. Campbell went to investigate, and a few minutes later Blaine decided to look into the situation. When Blaine entered the cheerleaders' room, she discovered several of the cheerleaders drinking beer and smoking.
Blaine admitted that she was aware of the district policy prohibiting drinking during school sponsored activities and knew that what the cheerleaders were doing was wrong. She also realized that she should do something about the situation, but did not know precisely what to do. According to Blaine, she did not want to make a scene and throw the beer away when it was almost gone anyway. Consequently, she remained in the room and participated in a drinking game with the cheerleaders.
Blaine further testified that she told the cheerleaders that they could be suspended or expelled for drinking during a school sponsored activity and that she and Campbell could be dismissed from their positions. She stayed with the cheerleaders for the remainder of the evening, stating that her sole concern was keeping them "safe, supervised and in their room." Blaine conceded in her testimony that she exercised poor judgment and that if confronted again with a similar situation she would confiscate the beer and report the incident to her superior.
Three of the cheerleaders also testified at the hearing. One of them stated that earlier in the evening, when she and the other cheerleaders were eating pizza in Blaine's room, Blaine offered a beer to anyone who wanted one but no one accepted the offer. Another cheerleader testified that she was under the impression that a third cheerleader had asked Blaine earlier in the evening for permission to hold the party and to drink beer, but she later acknowledged that she did not actually hear the other cheerleader make the request. The third cheerleader denied that she asked Blaine for such permission, although she admitted that the party and the beer drinking did take place.
The hearing officer made the following findings of evidentiary fact:
1. The teacher, Patricia Blaine, had no prior knowledge of the party conducted in the student cheerleaders' room on the evening of March 4, 1983, and gave no prior approval to anyone for the conduct of such party, or for beer to be obtained or consumed at such party.
2. Patricia Blaine first learned of the party in the student cheerleaders' room when she entered the room approximately five minutes subsequent to Betty Campbell going to the room to investigate the noise coming from the room, as testified to by Patricia Blaine and Betty Campbell, whose testimony [is] found to be credible.
3. Patricia Blaine did consume an alcoholic beverage, to wit: beer, while consuming pizza with student cheerleaders in Patricia Blaine's room prior to the party which took place in [the student cheerleaders'] room later on the evening of March 4, 1983, and it is further found that Patricia Blaine did not offer any beer to any of the student cheerleaders while they were in her room consuming pizza, and such student cheerleaders did not, in fact, consume any beer in Patricia Blaine's room at such time.
4. Patricia Blaine attempted to get the student cheerleaders to stop consuming the beer when she discovered it at the aforesaid party by discussing with them the possible discipline which could be imposed both upon the students and upon Patricia Blaine and Betty Campbell.
5. Neither Patricia Blaine [nor] Betty Campbell took any action to attempt to stop the student cheerleaders from continuing with consumption of beer at said party subsequent [to] their discovery that such activity was taking place.
6. Patricia Blaine did consume approximately one-half bottle of beer with said student cheerleaders while participating in a game at their invitation.
7. Patricia Blaine was inexperienced in how to handle the situation which presented itself to her with the student cheerleaders consuming beer at a school activity at which she was a co-sponsor, and, further, that she would in the future take action to stop such activity and report any students participating therein, as testified to by Patricia Blaine, which testimony is found to be credible.
The hearing officer declined to make any ultimate finding on whether Blaine's conduct constituted neglect of duty, deferring instead to the school board on that issue. It was the hearing officer's recommendation that Blaine be retained and that the school board consider imposing upon her the five-day suspension which had been imposed on Campbell for her conduct in the incident.
The school board, on November 10, 1983, adopted a resolution in which it accepted the hearing officer's findings of fact, rejected the recommendation of retention, and entered an order of dismissal. The resolution stated, in pertinent part, as follows:
The Hearing Officer's findings of fact, including but not limited to the following, are appropriate without any indication they are not supported by the record and the Board therefore accepts such findings. Such findings include:
1) Mrs. Blaine knew there was a School District policy against smoking and drinking and knew that teachers had a duty to enforce that policy.
2) Mrs. Blaine did consume alcoholic beverage while in her room with the students present.
3) That Mrs. Blaine...
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