Christiansen v. Iowa Bd. of Educ. Examiners

• Decision Date: 24 May 2013
• Docket Number: No. 11–1448.,11–1448.
• Citation: 831 N.W.2d 179
• Parties: Terry CHRISTIANSEN, Appellant, v. IOWA BOARD OF EDUCATIONAL EXAMINERS, Appellee.
• Court: Iowa Supreme Court

831 N.W.2d 179

Terry CHRISTIANSEN, Appellant,

v.IOWA BOARD OF EDUCATIONAL EXAMINERS, Appellee.

No. 11–1448.

Supreme Court of Iowa.

May 24, 2013.

Michael J. Pitton of Pitton Law, P.C., Iowa City, for appellant.

Thomas J. Miller, Attorney General, and Julie J. Bussanmas, Assistant Attorney General, for appellee.

WATERMAN, Justice.

This appeal presents the opportunity for our court to clarify the deadline to file a petition for judicial review of an agency's resolution of a contested case complicated by multiple applications for rehearing. A divided court of appeals interpreted Iowa Code section 17A.19(3) (2009) to include a “trap for the unwary.” The petitioner, Terry Christiansen, a school employee involved in a physical altercation with a student, challenges the discipline imposed by the Iowa Board of Educational Examiners (Board). He filed his petition for judicial review in district court within thirty days of the Board's denial of his application for rehearing, but before the Board's final decision on the State's application for rehearing. The district court ultimately affirmed the Board's decision on the merits. Christiansen appealed, and the court of appeals, with separate concurring and dissenting opinions, reversed the district court, holding Christiansen's “premature” petition never invoked the district court's jurisdiction.

On further review, for the reasons that follow, we hold that the proper time to file a petition for judicial review is within thirty days after the agency's final decision on the last application granted for rehearing, even if more than thirty days has transpired since the denial of the party's own application for rehearing. Christiansen initially appealed prematurely before the Board's final decision on the State's rehearing application, but he later perfected his appeal to district court. We affirm the district court decision on the merits upholding the Board's decision as supported by substantial evidence.

I. Background Facts and Proceedings.

This case arises from Christiansen's altercation with M.K., a fourteen-year-old student. Christiansen was employed as a middle school teacher and coach for the West Branch Community School District. On September 19, 2008, he was coaching the middle school football team that practices at the high school field. His duties included driving the bus with the team of about thirty students back to the middle school after practice. The incident occurred while the bus was parked at the high school. Some players were on the bus with Christiansen waiting for their teammates to finish showering. A water fight broke out in the back of the bus where M.K. was sitting, while Christiansen was in the driver's seat. Christiansen shouted at the participants several times to stop the fight and clean up the water, after which Christiansen saw M.K. give him “the finger.” Christiansen ordered M.K. to get off the bus. M.K. remained seated and asked, “Why?” and “What did I do?”

Christiansen came down the aisle towards M.K., who was standing up getting his bag. As M.K. started walking forward, Christiansen stepped out of the aisle and stood in front of M.K.'s seat so M.K. could pass. What happened next is disputed. Christiansen testified that he put his right hand on M.K.'s left shoulder to guide him as he went to leave the bus. Christiansen admits that as he was doing this he “stumbled” and that he was “sure to everyone on the bus it looked like [he] was pushing [M.K.] out the bus.” By contrast, M.K. testified that as Christiansen approached him he shouted, “Get the hell off the bus,” and, as he walked down the aisle, “[Christiansen] grab[bed] [him] with his right arm on [M.K.'s] right arm and thr[ew] [him] down the aisle five to seven seats.” M.K. got off the bus.

Later that night, M.K. told his mother what had happened on the bus. After M.K.'s parents talked with some of the football players who were on the bus and Christiansen, they reported the incident to the West Branch police. Officer Ben Isbell took photographs of a bruise on M.K.'s right upper arm that night. The incident was also brought to the attention of middle school Principal Sara Oswald and West Branch School Superintendent Craig Artist.

The following Monday, Oswald conducted videotaped interviews of the students who had been on the bus. Half of the students denied having witnessed the physical contact between Christiansen and M.K. Fifteen students, however, reported seeing Christiansen grab M.K. and shove, push, or throw him down the aisle. A DVD of the interviews was turned over to the West Branch police. Christiansen was placed on administrative leave with pay and later terminated after a hearing before the school board. M.K.'s parents and Artist filed administrative complaints with the Iowa Board of Educational Examiners, the state agency responsible for the licensing, discipline, and regulation of school teachers, administrators, and coaches. See Iowa Code ch. 272. On February 5, 2009, the Board issued a statement of charges against Christiansen alleging “student abuse” in violation of Iowa Administrative Code rule 282–25.3(1)( e ). The Board alleged Christiansen “physically grabbed a student by the arm, lifted him up, and shoved him forward.... The student's arm was injured as a result of the incident.” The Board further alleged Christiansen “has been previously disciplined at the local level for incidents of physical abuse or use of excessive force.”

Meanwhile, criminal charges were filed against Christiansen for serious assault causing bodily injury, later amended to simple assault. The case proceeded to trial. M.K.'s testimony differed on certain details from his prior statements, but he stuck to his story that Christiansen had grabbed his arm and shoved him. M.K. denied giving “the finger” or joining in the water fight. He was contradicted on those points by several student witnesses. Several students who told Oswald that Christiansen had shoved or pushed M.K. in their videotaped interviews admitted under oath at trial they did not see Christiansen touch M.K. But, several other student—witnesses corroborated M.K.'s testimony that Christiansen had grabbed him and propelled him down the aisle. Officer Isbell testified that he saw and photographed bruising and redness on M.K.'s upper right arm the night of the incident. Christiansen testified he placed his hand on M.K.'s shoulder to guide him, and then stumbled, causing him to accidentally push M.K. On March 10, the jury acquitted Christiansen of simple assault after thirty minutes of deliberation.

On June 1, an administrative law judge (ALJ) conducted an evidentiary hearing on the contested case. Christiansen, M.K., Oswald, and Artist testified in person. The DVD with Oswald's student interviews was admitted into the evidentiary record by stipulation without objection, as were transcripts of the testimony in the criminal trial. Over Christiansen's objections, the ALJ heard evidence concerning two prior incidents resulting in written reprimands. The first occurred on April 20, 2007, while Christiansen was driving a school bus with the track team he coached. A student called Christiansen an “idiot” after he took a wrong turn. As the student exited the bus, Christiansen grabbed his shirt. The student slipped to the floor of the bus where he was briefly held down by Christiansen. The student's shirt was torn. Artist imposed a three-day suspension, which Christiansen challenged. An arbitrator ultimately set aside the suspension but allowed a written reprimand. The second incident happened in November 2007. A student violated school rules by wearing low-hanging pants. Christiansen duct-taped the waist of the pants to the skin of the offender, leaving red marks. The written reprimands for these two incidents were issued in March and January 2008, respectively.

The ALJ issued a proposed decision on June 23, 2009, recommending a ninety-day suspension of Christiansen's teaching license and permanent revocation of his physical education and coaching endorsements. The ALJ, considering the testimony of Christiansen and the other witnesses, found “[Christiansen]'s version of the events [was not] credible.” The ALJ explained as follows:

The majority of students who witnessed the encounter saw [Christiansen] grab M.K.'s arm and shove him forward. An accidental pushing would not result in M.K.'s being propelled several seat rows forward. And most damaging, the bruising on M.K.'s upper right arm is consistent with [Christiansen] grabbing M.K. and shoving him forward.

The ALJ's proposed decision concluded that “[b]y intentionally grabbing a student athlete's arm and shoving him as punishment for misbehavior, [Christiansen] committed physical abuse in violation of 282 IAC 25.3(1)(e)(1).”

The ALJ determined that, although Christiansen's “nearly identical” prior bus incident could not be used “to prove that [Christiansen] committed the act he is accused of,” it was relevant to show that Christiansen's physical contact with M.K. was not accidental and helped determine the appropriate sanction.

Both sides appealed to the Board. On November 24, the Board accepted as its “final ruling” the ALJ's proposed decision after striking one paragraph referring to the prior disciplinary charges. Both sides timely applied for rehearing. The State's application sought revisions to the order to provide that the evidence of prior discipline was offered “to assist in determining an appropriate sanction—only if the present violation of student abuse had been established.” The State's application did not seek any change in the penalty imposed.Christiansen's application sought a rehearing on all issues and to reopen the evidentiary record for additional testimony. On December 16, the Board denied Christiansen's application for rehearing. By separate order the same day, the Board granted the State's application for rehearing and set a briefing schedule. The State...