Stang v. Independent School Dist. No. 191, 46937

• Citation: 256 N.W.2d 82
• Decision Date: 24 June 1977
• Docket Number: No. 46937,46937
• Parties: Donald STANG, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 191, Respondent.
• Court: Minnesota Supreme Court

Page 82

256 N.W.2d 82

Donald STANG, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 191, Respondent.

No. 46937.

Supreme Court of Minnesota.

June 24, 1977.

Syllabus by the Court

Considering the factual setting of this case in light of Minn.St. 125.12, wherein the legislature did not explicitly include "coaches," we follow our prior decision in Chiodo v. Board of Educ. of Special School Dist. No. 1, 298 Minn. 380, 215 N.W.2d 806 (1974), and hold that coaches do not acquire tenure rights.

Oppenheimer, Wolff, Foster, Shepard & Donnelly, Eric R. Miller and Thomas W. Anderson, St. Paul, for appellant.

Peterson, Popovich, Knutson & Flynn and James E. Knutson, St. Paul, for respondent.

Heard before ROGOSHESKE, YETKA, and SCOTT, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal from a judgment of the District Court of Dakota County dismissing appellant's complaint for lack of subject matter jurisdiction. Appellant had sought a declaration of his rights under the teacher tenure act, Minn.St. 125.12, but the district court held that the dispute should be submitted to arbitration. This appeal seeks reversal and remand to the district court for further proceedings on the merits.

Appellant, Donald Stang, is a certified, continuing-contract mathematics teacher in District 191 (Burnsville). From the 1966-67 school year through the 1974-75 school year he was also employed as head secondary basketball coach at Burnsville Senior High School. For the 1974-75 school year he received $1,650 as compensation for this position. Stang received the following memorandum on April 25, 1975, from Dr. Harold Bergquist, assistant superintendent for secondary education:

"This communication should serve to inform you that you will not receive a Letter of Assignment (P.S. 4120.1) for the role of Head Basketball Coach at Burnsville Senior High School for the 1975-76 school year.

"This action will not change your position as a classroom instructional staff member in the Burnsville High School District."

Stang immediately filed suit in district court under the teacher tenure act, Minn.St. 125.12. Specifically, Stang alleged that he was a "teacher" within the meaning of subdivision 1, in that certification was required of all head coaches in secondary schools under Rule 345 of the State Board of Education. He further alleged that he had not been given written notice and a hearing as required by § 125.12, subd. 8, of the tenure act. He requested a declaratory judgment under Minn.St. 555.01 finding his purported termination unlawful for lack of compliance with the tenure act.

The school district raised three affirmative defenses, two of which are relevant on appeal: (1) Stang failed to exhaust his administrative remedies, viz. arbitration, under the Master Contract between School District 191 and the Burnsville Education Association, and (2) Minn.St. 125.12 was not applicable to Stang's position as a basketball coach. The school district moved to dismiss for failure to state a claim, and for failure to exhaust administrative remedies. The district court granted the school district's motion on the latter ground.

The question is: Under the facts of this case, does the appellant have a right to notice and hearing under the teacher tenure act?

The position of the school board is that Article XIII of the Master Contract applies to this dispute. That article is entitled "Grievance Procedure," and Section 1 provides:

"A claim by a teacher of the Association that there has been a violation, misinterpretation or misapplication of any provision of this Contract may be processed as a grievance as hereinafter provided."

Section 6 states:

"If the teacher or the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) calendar days from the notification date that arbitration will be pursued, he shall be selected from the PERB Board in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. Questions arising over arbitrability of an alleged grievance shall be submitted to arbitration for determination. The arbitrator shall have no power to alter, add to or subtract from the express terms of this contract. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction."

"The fees and expenses of the arbitrator shall be shared equally by the parties."

Stang, however, contends that his termination as a coach is not a "grievance," but is rather a "discharge" governed by the tenure act. Minn.St. 125.12, subd. 1, which is applicable here, reads:

"A superintendent, principal, supervisor, and classroom teacher and any other professional employee required to hold a license from the state department shall be deemed to be a 'teacher' within the meaning of this section."

If Stang were protected by this statute, he would be entitled to written...