Lee v. Giangreco

• Decision Date: 23 September 1992
• Docket Number: No. 91-208,91-208
• Parties: 78 Ed. Law Rep. 1015 Laurie Mallone LEE, Appellee, v. C. Joseph GIANGRECO, Appellant.
• Court: Iowa Supreme Court

Page 814

490 N.W.2d 814

78 Ed. Law Rep. 1015

Laurie Mallone LEE, Appellee, v. C. Joseph GIANGRECO, Appellant.

No. 91-208.

Supreme Court of Iowa.

Sept. 23, 1992.

Bonnie J. Campbell, Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., and John M. Parmeter, Sp. Asst. Atty. Gen., for appellant.

Becky S. Knutson of Sayre & Gribble, P.C., Des Moines, for appellee.

Considered by SCHULTZ, P.J., and LAVORATO, NEUMAN, SNELL and ANDREASEN, JJ.

NEUMAN, Justice.

Plaintiff Laurie Mallone Lee's career as a teacher at the Iowa School for the Deaf (ISD) ended abruptly when a steep decline in enrollment compelled the superintendent, defendant C. Joseph Giangreco, to reduce the size of his staff. The question is whether Giangreco's decision to terminate Lee afforded her the procedural and substantive due process protections to which she was entitled as a tenured teacher and state employee. From jury verdicts finding Lee's rights abridged, Giangreco has appealed. We affirm.

Lee taught industrial arts at ISD from August 1978 through May 1987. In addition to her industrial arts certification, Lee was certified to teach science, math, social studies, and language arts in grades seven through twelve. Her proficiency in American Sign Language enabled her to teach deaf students.

While employed at ISD, Lee taught a range of industrial arts courses including woods, light metals, sheet metal, crafts, general shop, vocational workshops, basic skills for mentally handicapped students, and leather working. Her speciality, and the area to which she devoted the greatest amount of time, was drafting. Although she worked mainly with junior and senior high students, she was occasionally assigned to work with primary grade students. She was the only woman on the seven-member industrial arts staff. At all times pertinent to this appeal, she received favorable evaluations from supervisors and students alike.

During Lee's tenure ISD suffered a dramatic decline in enrollment. From a high of 430 students in 1978, the student population had dropped to 130 by 1986.

In March 1987, Lee received a letter from Giangreco which terminated her contract as a teacher effective at the end of the 1986-87 academic year. The letter gave no reason for the termination other than to say he had "completed reviewing the staffing requirements" for the coming year and Lee's "services as a full-time teacher will not be needed." The letter did, however, advise Lee of her right to meet with Giangreco privately "regarding this termination" and of her right to appeal his decision to the Iowa Board of Regents.

Lee exercised her option to meet privately with Giangreco. The proceedings were transcribed informally by his secretary. When asked why she was chosen to be terminated, Giangreco replied that only one drafting teacher was needed. He also asserted that seniority played a role in his decision. With respect to Lee's relative seniority within the department, Giangreco mentioned that three or four other teachers hired contemporaneously with her were "doing critical things in coaching as well as teaching" and that also affected his decision.

In April 1987, Lee's attorney appeared before the Iowa Board of Regents to contest Giangreco's decision. She argued that because her client was terminated without stated reasons, she had been unable to mount a proper challenge to the decision prior to her meeting with Giangreco. Thereafter, Giangreco put his reasons for Lee's termination in writing. By letter dated May 1, 1987, Giangreco told Lee that two other industrial arts teachers with similar seniority, Hambright and Gradoville, had additional credentials in driver's education and physical education that made them more versatile staff members than Lee. No mention was made of Lee's credentials in math, science, social studies, and language arts. The regents ultimately denied Lee's appeal and affirmed Giangreco's decision to terminate her contract.

Lee subsequently brought this action under 42 U.S.C. section 1983 (1986) alleging deprivation of procedural and substantive due process, and a claim of gender-based employment discrimination. The section 1983 claims were tried to a jury; Lee's claim of discrimination was simultaneously tried to the district court. After the jury returned verdicts in Lee's favor, Giangreco filed motions for judgment notwithstanding the verdict, remittitur, and new trial. The district court denied those motions and this appeal followed. ¹

Four issues are raised by Giangreco on appeal: (1) Did the district court err by denying defendant's motion for judgment notwithstanding the verdict on Lee's procedural due process claim? (2) Did the court err when it instructed the jury that Lee's right to substantive due process was violated if her termination was without good cause? (3) Did the court err by denying defendant's motion for judgment notwithstanding the verdict on Lee's substantive due process claim? (4) Did the district court err by refusing to order a new trial or remittitur because the jury's award was excessive?

Our review is for the correction of errors at law. Iowa R.App.P. 4. As we consider Giangreco's challenge to the district court's refusal to grant him judgment notwithstanding the verdict on both the procedural and substantive due process claims, we are obliged to view the evidence in the light most favorable to Lee. Winter v. Honeggers' & Co., 215 N.W.2d 316, 321 (Iowa 1974). She is entitled to every legitimate inference that may be fairly drawn from the evidence. Id. Viewing the evidence in this light, we must affirm the judgment if there is substantial evidence in the record supporting each element of Lee's claim. Valadez v. City of Des Moines, 324 N.W.2d 475, 477 (Iowa 1982).

I. Procedural due process. The parties do not dispute Lee's status as a nonprobationary state employee with a continuing contract of employment. Nor do they dispute that Lee's status gave her a protected property interest in continued employment which triggered due process protections upon her termination. Board of Regents v. Roth, 408 U.S. 564, 576-78, 92 S.Ct. 2701, 2708-09, 33 L.Ed.2d 548, 560-61 (1972). The first question is what pretermination procedures were required to comport with these due process protections.

The United States Supreme Court has described the "root requirement" of the due process clause as the "opportunity for hearing before [an individual] is deprived of any significant property interest." Boddie v. Connecticut, 401 U.S. 371, 379, 91 S.Ct. 780, 786, 28 L.Ed.2d 113, 119 (1971). In the context of an employment termination, the Court has observed that the timing of the process may be crucial:

Even where the facts are clear, the appropriateness or the necessity of the discharge may not be; in such cases, the only meaningful opportunity to invoke the discretion of the decision-maker is likely to be before the termination takes effect.

Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 543, 105 S.Ct. 1487, 1494, 84 L.Ed.2d 494, 504-05 (1985) (emphasis added). The Court in Loudermill went on to hold that proposed action against a tenured public servant entitles the employee to oral or written notice of the charges precipitating the termination, an explanation of the employer's evidence, and an opportunity to present the employee's side of the story. Id. at 546, 105 S.Ct. at 1495, 84 L.Ed.2d at 506. The Eighth Circuit Court of Appeals has recognized that the minimum due process required for even the most informal termination procedure must include:

1. Clear and actual notice of the reasons for termination in sufficient detail to enable him or her to present evidence relating to them;

2. Notice of both the names of those who have made allegations against the teacher and the specific nature and factual basis for the charges;

3. A reasonable time and opportunity to present testimony in his or her own defense; and

4. A hearing before an impartial board or tribunal.

Agarwal v. Regents of the Univ. of Minn., 788 F.2d 504, 508 (8th Cir.1986); King v. University of Minn., 774 F.2d 224, 228 (8th Cir.1985); Brouillette v. Board of Directors of Merged Area IX, 519 F.2d 126, 128 (8th Cir.1975).

It is against this backdrop that we consider the parties' contentions. Giangreco concedes that his initial letter to Lee gave no reason why she was singled out as the object of the necessary staff reduction. But he contends that Lee's subsequent opportunity to meet with him personally, and her later chance to appeal his decision to the board of regents, satisfies the pretermination hearing standard of Loudermill.

Crucial to Giangreco's position is his view that the termination was not effective until final decision by the regents. Lee, on the other hand, argued before the jury--and reiterates on appeal--that Giangreco's March 11 letter expressed a "fait accompli," not proposed action. Thus she claims she was denied her "only meaningful opportunity to invoke the discretion of the decision-maker." Loudermill, 470 U.S. at 543, 105 S.Ct. at 1494, 84 L.Ed.2d at 504-05.

The jury resolved this factual controversy in Lee's favor. In answer to special interrogatories, the jury responded as follows:

Q. Do you find that plaintiff was given written or oral notice of the decision to terminate her employment before the decision was made? A. No.

Q. Do you find the plaintiff was given the opportunity to present her position in regard to the decision to terminate her employment before the decision was made? A. No.

Substantial evidence in the record supports the jury's findings. The March letter of termination was unequivocal in its expression of finality. Moreover, since the letter gave no reasons for Lee's selection, the jury could reasonably find she was unfairly prevented from mustering evidence favoring a different outcome. The record plainly revealed that hiring and firing decisions at ISD rest with the superintendent, not the board of regents. The...