Stensrud v. Mayville State College, 10798

• Decision Date: 22 May 1985
• Docket Number: No. 10798,10798
• Citation: 368 N.W.2d 519
• Parties: 25 Ed. Law Rep. 551 Jan STENSRUD, Plaintiff and Appellant, v. MAYVILLE STATE COLLEGE, a public corporation, Defendant and Appellee. Civ.
• Court: North Dakota Supreme Court

Page 519

368 N.W.2d 519

25 Ed. Law Rep. 551

Jan STENSRUD, Plaintiff and Appellant, v. MAYVILLE STATE COLLEGE, a public corporation, Defendant and Appellee.

Civ. No. 10798.

Supreme Court of North Dakota.

May 22, 1985.

Daniel J. Chapman, Chapman & Chapman, Bismarck, for plaintiff and appellant.

Rick D. Johnson, Asst. Atty. Gen., State Board of Higher Educ., Bismarck, for defendant and appellee.

LEVINE, Justice.

This is an appeal by Jan Stensrud (Stensrud) from the district court's summary judgment dismissing her action for injunctive relief against Mayville State College (MSC). We affirm.

Stensrud was hired by MSC in 1978 as a probationary non-tenured physical education instructor and softball and basketball coach. She continued in that status until May 16, 1983, when, although eligible for tenure, she was offered a contract terminating her employment at MSC at the conclusion of the 1983-1984 academic year. At Stensrud's request, her termination was reconsidered by MSC President, Dr. James A. Schobel, and confirmed. Subsequently, upon Stensrud's petition, the MSC Special Review Committee reviewed the matter and concluded that President Schobel's decision to terminate Stensrud comported with North Dakota State Board of Higher Education regulations.

Stensrud then brought suit in district court alleging MSC failed to follow the proper termination procedures. She sought to enjoin MSC to comply with the appropriate procedures or offer her a contract for the 1984-1985 academic year. Both parties moved for summary judgment which the trial court granted in favor of MSC. Stensrud appealed.

Initially it is important to recognize the very circumscribed rights and remedies available to Stensrud. As a non-tenured ¹ teacher Stensrud had no right to continued employment beyond the duration of her contract. Stensrud possessed no "property interest" in continued employment protected by the Fourteenth Amendment to the United States Constitution. Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977); see also, Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972); Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972).

Stensrud raises no other constitutional claims and therefore her only available legal right is the enforcement of MSC's contractual duty to comply with her contract. Consequently, our task is limited to reviewing the district court's decision that MSC performed its obligations under that contract as to warrant summary judgment in its favor.

Summary judgment is appropriate to promptly and expeditiously dispose of controversies without trial when, after viewing the evidence in a light most favorable to the party against whom summary judgment is sought and giving her the benefit of all favorable inferences, only a question of law is involved or there is no genuine dispute over either the material facts or inferences to be found from undisputed facts. Garcia v. Overvold Motors, Inc., 351 N.W.2d 110 (N.D.1984); Allegree v. Jankowski, 355 N.W.2d 798 (N.D.1984); Wilbur-Ellis Co. v. Wayne & Juntunen Fertil., 351 N.W.2d 106 (N.D.1984). Even when a factual dispute exists summary judgment is proper if the law is such that the resolution of the factual dispute will not change the result. Gowin v. Hazen Memorial Hospital Ass'n, 349 N.W.2d 4 (N.D.1984).

Interpretation of a written contract to determine its legal effect is a question of law, Miller v. Schwartz, 354 N.W.2d 685 (N.D.1984), and summary judgment is proper only when a case involves contract interpretation and no genuine issues of material fact exist. Balsam v. Buehner, 278 N.W.2d 425 (N.D.1979).

In this case the trial court concluded as a matter of law, based upon its finding of undisputed facts, that although MSC "did not conform with the precise terms of the termination procedures, [Stensrud] was presented with an opportunity to be heard and has not been prejudiced by any action [of MSC]." Granting summary judgment for MSC, the trial court determined its standard of review was limited to determining if MSC had abused its discretion in terminating Stensrud and concluded as a matter of law it had not. ²

Stensrud asserts the trial court erred in not granting summary judgment because, as a matter of law, MSC violated the terms of her contract by not following the State Board of Higher Education regulations governing termination proceedings. Alternatively, Stensrud claims the trial court erred in awarding summary judgment for MSC because she raised genuine issues of material fact. It is not inconsistent for Stensrud to maintain there are issues of fact present if the court should adopt MSC's legal theories and at the same time concede there are no factual issues if the court should adopt her theory of law. Biby v. Union National Bank of Minot, 162 N.W.2d 370 (N.D.1968).

Stensrud initially claims that MSC violated the terms of her employment contract by applying the wrong State Board of Higher Education regulations to her termination proceedings. State Board of Higher Education regulations are considered part of the employment contract between an institution and faculty members. See, Sacchini v. Dickinson State College, 338 N.W.2d 81 (N.D.1983). The regulations followed in the Stensrud termination proceedings were enacted on March 11, 1983, after Stensrud had executed her 1982-1983 employment contract. Stensrud asserts that because these regulations were enacted after she signed her contract, they could not be incorporated into her contract and thus were not applicable to her situation. Rather, Stensrud argues, the regulations in effect when her 1982-1983 contract was signed, and therefore properly part of her contract, should have governed her termination proceedings.

Stensrud's claim is without merit because both sets of regulations provide for substantially similar termination proceedings. Indeed, the regulations applied in this case afforded Stensrud greater protection than the earlier regulations. In effect, Stensrud argues that the trial court's decision should be reversed because it applied regulations which were more favorable to her. Such an argument cannot constitute a ground for reversal. See State v. Meyer, 361 N.W.2d 221, 223 n. 3 (N.D.1985).

Stensrud further asserts that MSC's failure to comply with Sec. 605(C)(2), which required President Schobel to notify Stensrud of her termination in writing, made her termination invalid. President Schobel did not give Stensrud a written termination notice, although he did meet with her personally two days after she received her terminal contract to discuss the reasons for her termination. ³ Thus, MSC failed to strictly comply with Sec. 605(C)(2) in that President Schobel's termination notice to Stensrud was oral rather than written.

Generally, substantial compliance with the procedural requirements for termination is sufficient if their purpose is fulfilled. Piacitelli v. Southern Utah State College, 636 P.2d 1063 (Utah 1981); see also, Quarles v. McKenzie Public School District No. 34, 325 N.W.2d 662 (N.D.1982); State ex rel. Norton v. Stone, 313 S.E.2d 456 (W.Va.1984); Lee v. Big Flat Public Schools, 280 Ark. 377, 658 S.W.2d 389 (1983); and Commeret v. Board of Ed. of Jenison Public Schools, 75 Mich.App. 115, 254 N.W.2d 808 (1977). We endorse the rationale articulated in Piacitelli:

"While exact conformance with the precise terms of the termination procedures is doubtless the least controversial course, so long as the substantial interests those procedures are designed to safeguard are in fact satisfied and protected, failure to conform to every technical detail of the termination procedure is not actionable." Piacitelli at 1067.

The purpose of the regulation requiring President Schobel to notify Stensrud in writing of her termination is to ensure receipt of reasonable notice from the responsible person, so that she could implement the subsequent procedural rights available to her with full knowledge of the identity of the person responsible for the decision to terminate.

Two days after receiving her terminal contract which necessarily gave her notice of her termination, Stensrud met personally with President Schobel and discussed the reasons for her termination. Stensrud then availed herself of all the subsequent procedural rights afforded her by the regulations. The trial court concluded that Stensrud had the opportunity to present her case and "was not prejudiced" by MSC's lack of compliance with the termination procedures. In effect, the trial court interpreted the regulations to conclude as a matter of law that their purpose had been fulfilled.

Although the interpretation of regulations to ascertain their purpose is a question of law, Carmona v. Division of Industrial Safety, 13 Cal.3d 303, 118 Cal.Rptr. 473, 530 P.2d 161 (1975); Ind. Dept. of Pub. Wel. v. Chair Lance Serv. Inc., 448 N.E.2d 1216 (Ind.App.1983), the determination of whether conduct is in substantial compliance with these regulations, i.e., whether their purpose is effectuated, is a question of fact. Piacitelli, supra; Big Flat Public Schools, supra. Ordinarily, because a determination of substantial compliance requires factual findings, summary judgment would be improper. Albers v. NoDak Racing Club, Inc., 256 N.W.2d 355, 358 (N.D.1977).

In the present case, Stensrud agrees that "the key protection [of the regulations] is that the teacher is entitled to learn what the reasons for the action are, is entitled then to ask for reconsideration, and is entitled to ask for a Special Review Committee."

The facts are undisputed that Stensrud (1) learned the reasons for her termination, (2) asked for and received reconsideration from the president, and (3) asked for and received consideration from the Special Review Committee. Although Stensrud disputes the propriety of these procedures, we conclude, as a matter of law, that they...