Rich v. Montpelier Supervisory Dist.

• Decision Date: 23 January 1998
• Docket Number: No. 97-010,97-010
• Citation: 167 Vt. 415,709 A.2d 501
• Parties: , 125 Ed. Law Rep. 736, 13 IER Cases 1140 William RICH and Montpelier Education Association v. MONTPELIER SUPERVISORY DISTRICT, et al.
• Court: Vermont Supreme Court

Page 501

709 A.2d 501

167 Vt. 415, 125 Ed. Law Rep. 736, 13

IER Cases 1140

William RICH and Montpelier Education Association v. MONTPELIER SUPERVISORY DISTRICT, et al.

No. 97-010.

Supreme Court of Vermont.

Jan. 23, 1998.

Devin McLaughlin of Langrock Sperry & Wool, Middlebury, and Donna Watts, Vermont-NEA, Montpelier, for Plaintiffs-Appellants.

Robert McKearin of Dinse, Erdmann, Knapp & McAndrew, P.C., Burlington, for Defendants-Appellees.

Before AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

JOHNSON, Justice.

William Rich appeals a summary judgment order by the Washington Superior Court (1) upholding the decision of the Montpelier School Board to nonrenew his contract as a probationary teacher and, (2) determining that the Superintendent of the Montpelier Supervisory District is entitled to qualified immunity from Rich's civil rights claims. We affirm in part, reverse in part, and remand for further proceedings.

Rich taught seventh-grade science and language arts as a probationary teacher at the Main Street Middle School in Montpelier for the 1992-93 and 1993-94 school years. Rich's employment contract was governed by a collective bargaining agreement (Agreement) between the Montpelier Education Association, the teachers' union, and the board. In the event a teacher's contract was not to be renewed for the following year, the Agreement required that the teacher be given notice of the nonrenewal by March 15, and provided the teacher with the right to a hearing before the board.

On March 15, 1994, Rich attended a meeting with the superintendent to discuss his contract and to address several issues that the superintendent believed warranted its nonrenewal. The meeting culminated in an agreement to extend the deadline for the renewal of Rich's contract by six weeks, to provide an opportunity for Rich to resolve the issues through negotiation with the school principal. Later the same day, however, Rich informed the superintendent that he would not honor the agreement. The superintendent then sent Rich a letter, dated March 15, informing him that his contract would not be renewed. The March 15 letter also stated that Rich's contract was not renewed because of concerns about his judgment and self-control.

Rich requested a hearing before the board on May 3. The board denied the request as untimely, and Rich brought this suit seeking a determination that he is entitled to the renewal of his contract as well as damages for alleged violations of his civil rights. The trial court granted summary judgment in favor of defendants, and this appeal followed.

Rich claims that the trial court erred by (1) holding that his procedural claims are barred for failure to exhaust his administrative remedies under the Agreement, (2) granting summary judgment to defendants on his procedural due process claims, and (3) granting summary judgment to defendants on his civil-rights claims, based on its conclusion that the superintendent was immune from suit.

I.

We first address Rich's contractual claim. Rich does not dispute that he requested a hearing before the board after the deadline provided for in the Agreement. Rather, he argues that the March 15 letter was not notice of nonrenewal within the meaning of the Agreement because the board had not voted to nonrenew Rich before the letter was mailed. Therefore, he argues that the March 15 letter could not have triggered an obligation on his part to request a hearing pursuant to the Agreement. Because the Agreement provides for automatic renewal of a teacher's contract unless the teacher is given notice of nonrenewal, Rich concludes that he is entitled to a teaching contract. We disagree.

It is undisputed that the board did not officially act to nonrenew Rich before the superintendent sent the March 15 letter. ^* This does not, however, excuse Rich from following the grievance procedure in the Agreement. "[A]n employee subject to a collective bargaining agreement, who has a grievance within the scope of that agreement's grievance and arbitration procedure, must exhaust the remedies available under that agreement before he may maintain a suit against his employer." Burkhart v. Mobil Oil Corp., 143 Vt. 123, 126, 463 A.2d 226, 228 (1983); see also Morton v. Essex Town Sch. Dist., 140 Vt. 345, 348-49, 443 A.2d 447, 449 (1981) (teacher obligated to pursue breach of contract claims through bargained-for-grievance procedure).

Rich's dispute concerning the nonrenewal of his teaching contract falls directly within the scope of the Agreement's grievance procedure. Article 21.9 of the Agreement governs the grievance procedure for probationary employees. It provides that "an individual who is given notice of dismissal or non-reemployment may, within ten (10) days of receiving said notice, request in writing either a Board hearing or a written statement from the Board giving the reasons for the Board's action." If Rich believed that the notice or procedure of his nonrenewal was not made in accordance with the Agreement, the proper forum for him to challenge their validity was at a hearing before the board in accordance with Article 21.9. See Ploof v. Village of Enosburg Falls, 147 Vt. 196, 200, 514 A.2d 1039, 1042 (1986); Burkhart, 143 Vt. at 126, 463 A.2d at 228; Morton, 140 Vt. at 349, 443 A.2d at 449. Rich failed to comply with the grievance procedure provided for in the Agreement, and such failure is fatal to his claim. See Ploof, 147 Vt. at 201-02, 514 A.2d at 1043 (summary judgment proper where plaintiff failed to exhaust administrative remedies and exception to exhaustion requirement did not apply).

Rich next argues that, even if this case is subject to the grievance procedures, he is excused from seeking a hearing before the board because the board repudiated the Agreement by failing to vote before the superintendent sent the March 15 letter. We have recognized an exception to the exhaustion requirement where "an employer fails or refuses to perform actions required of it under contract and thus prevents the employee from complying therewith." Furno v. Pignona, 147 Vt. 538, 541, 522 A.2d 746, 749 (1986). Nevertheless, this exception is not applicable here.

Article 22.3 of the Agreement provides in part that "[t]eachers not to be re-employed for the following school year shall be notified, in writing, by March 15." As we stated in Furno, "[t]he clear purpose of the written notice requirement is to give an employee the information upon which he may choose to base an appeal of the adverse personnel decision." Id. at 542, 522 A.2d at 750. The employee in Furno was denied such information when his employer refused to provide him with written notice of termination and the reasons therefore, as required by the contract. Moreover, the employer told the employee that he was not entitled to the grievance procedure. Id. at 540, 522 A.2d at 748. Under such circumstances, we held that the employee's failure to file a grievance was not a bar to his lawsuit. In contrast, in the instant case, the March 15 letter articulated the reasons for Rich's nonrenewal and specifically advised him of his right to request a hearing pursuant to Article 21.9 of the Agreement. We cannot agree that Rich was "prevented" from complying with the grievance procedure. Indeed, if Rich wanted to challenge the procedure by which the decision was made, the March 15 letter told him how to do so.

II.

We turn now to Rich's constitutional claim. Rich argues that the lower court erred in holding that (1) he does not have a property interest in his position because he is a probationary teacher, and (2) even if he had, that the board's procedure afforded him due process.

Relying on Burroughs v. West Windsor Board of School Directors, 138 Vt. 575, 420 A.2d 861 (1980), Rich argues that he has a property interest in his teaching position notwithstanding his probationary status. The board argues in response that probationary teachers do not have a property interest in their positions. We need not resolve this issue. Assuming arguendo that Rich does have a property interest in his position, we hold that he received all the process he was due.

The essential elements of due process are notice and an opportunity to be heard. See Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 546, 105 S.Ct. 1487, 1495, 84 L.Ed.2d 494 (1985). A public employee who has a property interest in his position "is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story." Id. The employee must be afforded the opportunity of a hearing "at a meaningful time and in a meaningful manner." In re Maher, 132 Vt. 560, 563, 326 A.2d 142, 144 (1974); accord Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 901, 47 L.Ed.2d 18 (1976) (citing Armstrong v. Manzo, 380 U.S. 545, 552, 85 S.Ct. 1187, 1191, 14 L.Ed.2d 62 (1965)). Teachers have " 'not been denied due process while still employed at the same job and while adequate procedures remain to challenge and forestall' their termination." Russell v. Harrison, 632 F.Supp. 1436, 1441 (N.D.Miss.1986) (quoting Bignall v. North Idaho College, 538 F.2d 243, 246 (9th Cir.1976)). Nevertheless, as we have previously stated. "[t]he right to be heard is worth little unless one ... can choose 'whether to appear or default, acquiesce or contest.' " Town of Randolph v. Estate of White, 166 Vt. 280, 283, 693 A.2d 694, 696 (1997) (quoting Mullane v. Central Hanover Bank & Trust, 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950)). Rich argues that he was deprived of this choice.

The undisputed evidence indicates that Rich had notice of the decision to terminate him and the reasons for that decision. In making this determination, we consider not only the contents of the March 15 letter, but also whether Rich had notice from other sources. See Aronson v. Gressly, 961 F.2d 907, 909-10 (10th Cir.1992) (letter...