Valentine v. Independent School Dist. of Casey
| Decision Date | 23 October 1919 |
| Docket Number | 33073 |
| Citation | 174 N.W. 334,187 Iowa 555 |
| Parties | BETH VALENTINE, Appellant, v. INDEPENDENT SCHOOL DISTRICT OF CASEY et al., Appellees |
| Court | Iowa Supreme Court |
Appeal from Guthrie District Court.--J. H. APPLEGATE, Judge.
ACTION for a writ of mandamus to require defendants to issue a diploma to plaintiff; also, a copy of plaintiff's grades made by her in defendants' high school course of four years. Defendants demurred to the petition, which demurrer was sustained, and the plaintiff appeals.
Reversed.
C. E Berry and Carl P. Knox, for appellant.
A. M Fagan, for appellees.
1. It is alleged by plaintiff, and admitted by the demurrer, that plaintiff attended defendants' high school for a term of four years, complying with all of the rules and regulations of the defendant school board, and made grades in all studies pursued in said four years' course above the passing grade, or 75 per cent; that plaintiff fully completed all of said high school course, and delivered her graduating oration, as required by the rules of defendant corporation; that defendants issued diplomas to all of the class, including this plaintiff, and advertised that commencement exercises would be held at the high school auditorium on May 30, 1918, at 8 o'clock P.M.; that defendants procured caps and gowns, prior to the commencement exercises, and had same fumigated by the board of health physician at Casey, Iowa, and demanded that the graduates wear said caps and gowns during the exercises; and that the said health physician advised this plaintiff that the danger of taking contagious disease from said caps and gowns was not eliminated by said fumigation; that plaintiff was unable to wear her cap and gown, for the reason that the odor and smell from the effects of the disinfectants made her sick, and for the further reason that the likelihood of catching contagious diseases had not been eliminated by the disinfectant; and that this plaintiff informed the defendants, as did also the other graduates, what the health physician had advised her as to catching contagious disease from wearing said caps and gowns, and that the smell of said disinfectant was unbearable; but that, regardless of these facts, defendants insisted that plaintiff and the other graduates should wear their caps and gowns; that the fumes and odor from the clothing were so strong that none of the graduates wore their caps, and but three of said graduates wore the gowns, and the three wearing the said gowns received their graduating certificate or diploma; that defendants refused to deliver to plaintiff her graduating certificate, or diploma, on account of her failing to wear said cap and gown; that there had been no rule or order requiring the plaintiff to wear a cap and gown at the graduating exercises, and, had there been, it would have been illegal and void, as said defendants had no legal right to make such requirements; that the defendant the Independent School District of Casey, Iowa, is an accredited high school, and is recognized as such by all of the state colleges and higher institutions of learning in the state of Iowa; that, in view of this fact, plaintiff is entitled to her grades in said school, so that she may take the examination for a teacher's certificate, or enter any of the colleges or higher institutions of learning in the state of Iowa, as she is entitled to do, were she granted her grades in said high school; that she made a request and demand upon the defendants, and especially upon J. E. Roherbaugh, superintendent of said school, and that he refused to deliver to plaintiff her grades, or copies thereof, claiming that the said grades were his private property, and that neither plaintiff nor anyone for her could have said grades, or access to same; that plaintiff has no speedy and adequate remedy at law, and she asks that a writ of mandamus issue, compelling defendants to deliver to her her certificate of graduation, or diploma, and a true statement and certificate of her grades in said high school studies during her four-year course in said high school.
Defendants demurred to said petition, on the grounds that plaintiff had a plain, speedy, and adequate remedy at law by appeal to the county superintendent; that the action of the board of directors in issuing certificates of graduation or diplomas and grade reports, and all of the matters complained of by said plaintiff, are matters discretionary with said board, and not legal obligations imposed upon them as such school officials.
The parties to this action seem not to be familiar with the Golden Rule, or have forgotten it. On the one side, they seem to have been impressed with the idea that they were "drest in a little brief authority;" and on the other, there appears to have been present the idea of resistance to authority, so prevalent all over the world at this time. A little common sense would, it seems to us, have avoided this litigation. It may be that it would have been reasonable and proper for the school authorities to have required the graduating class to wear caps and gowns. There might be advantages in this. Some might be inclined to dress better than the others were able to do; and there might be other reasons. And it may be that the school authorities could properly have refused to permit any of the class who refused, without sufficient reasons, to comply with the requirement, to take part in the honors of the public graduating exercises. Possibly, if the danger from disease from the use of the caps and gowns was real, this would be an excuse. It appears that none of the graduates wore their caps, and but three wore the gowns, and that such three received their diplomas. It is not shown that plaintiff was willing to do this much. But the graduating exercises are now past, and the matters just referred to are, for that reason, now out of the case, and are not determined. The public ceremonial is not a graduation, and is not what entitles a student to a certificate or diploma; but it is the completion of the prescribed course which entitles one to a diploma. The diploma is simply the evidence that this has been done, and evidence of graduation. Without the diploma, no one would be entitled to be called a graduate; and, though one had completed the course, and passed examinations, he would not be permitted to enter college.
We shall proceed now to determine whether plaintiff was entitled to a writ of mandamus in regard to her certificate or diploma and her grades. The order was much broader and more far reaching than merely to deprive plaintiff of the right to participate in the graduating exercises. It appears to have been a mere verbal order,--at least, it does not appear that there was any order or rule regularly adopted of record, or that there was then any penalty prescribed; so that, so far as the record shows, plaintiff did not and could not know the consequences to follow a failure to comply. Even had there been such a regular order or rule, it would have been arbitrary and unreasonable. The trial court, from statements in its written opinion, was reluctant to deny the writ, and stated that he followed the case of Sweitzer v. Fisher, 172 Iowa 266, 154 N.W. 465. We are satisfied that, under the facts in that case, the right conclusion was reached, and the cases are readily distinguished. In that case, the student had not passed his grades, and was, therefore, not entitled to be graduated. There was some circumlocution there in the use of dummy diplomas, and afterwards other diplomas were issued. But in the instant case, plaintiff had complied with all rules and regulations, and completed the full four years' course, and passed all examinations required. The only reason for the attempt to deprive her, in a considerable measure, of the benefit of her four years' study, was her failure, under the circumstances given, to wear the cap and gown. This demand was subsequent to her having completed the four years' course, passed the examinations, and complied with all rules, except the one stated. The penalty is harsh and unreasonable, and the action of the defendants arbitrary.
Appellant's propositions for reversal, stated briefly as may be, are that plaintiff was induced to complete the four years' course, and that she met all her requirements; that, by the action of the board, she is disqualified to enter the colleges of the state, and, because of a subsequent demand upon her, is refused a diploma; that, the board having extended certain offers to any pupils wishing to avail themselves thereof, she is entitled, by entering the high school and completing the course, to the evidence which will show such facts. She claims, also, that an appeal to the higher school authorities is not an exclusive remedy, but that the courts will determine whether or not the defendants have acted within the scope of their powers; that plaintiff has vested rights, and is deprived of substantial rights which the board cannot, by subsequent rule, rescind; that, in an equitable action, such as this, the court may take equitable causes into consideration in determining whether relief shall be granted; that the board can exercise such powers as are conferred by statute, either expressly or by reasonable implication. One or two other points are made, which will be referred to later in the opinion. In support of the foregoing propositions, appellant cites Benjamin v. District Twp., 50 Iowa 648; Hibbs v. Board of Directors, 110 Iowa 306, 81 N.W. 584; Funck v. Farmers' Elevator Co., 142 Iowa 621, 121 N.W. 53; Code Section 4343; District Twp. of Wash. v. Thomas, 59 Iowa 50, 12 N.W. 767.
The question of the right to a mandamus...
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Valentine v. Indep. Sch. Dist. of Casey
...187 Iowa 555174 N.W. 334VALENTINEv.INDEPENDENT SCHOOL DIST. OF CASEY ET AL.No. 33073.Supreme Court of Iowa.Oct. 23, 1919 ... Appeal from District Court, Guthrie County; J. H. Applegate, ... ...