AZAPP is a blog that provides a thorough, up-to-date, and efficient resource to stay abreast of significant developments concerning civil cases in Arizona's appellate courts - the two Divisions of the Arizona Court of Appeals and the Arizona Supreme Court.
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Monday, February 16, 2004
Winters v. Arizona Board of Education: Division One Holds That A "Nexus" Between A Teacher's Off-Campus Conduct and His or Her Fitness To Teach Must Be Found Before Disciplinary Action Against The Teacher May Be Taken.
On February 12, 2004, Division One affirmed a judgment upholding the revocation of a high school teacher's teaching certificate. The Buckeye Union High School teacher had been charged in five different instances with disorderly, harassing and intimidating conduct occurring outside of the high school. The Arizona Board of Education initiated disciplinary proceedings against the teacher and revoked his teaching certificate. The teacher sought judicial review in the superior court, which affirmed the revocation. The teacher then appealed to the Court of Appeals. The teacher argued that his conduct did not consitute "unprofessional conduct" under A.R.S. 15-203(A)(20), because there was no evidence that it affected the operation of the school. The Court of Appeals agreed with the general premise of the teacher's argument, holding "that the off-campus acts for which a teacher is being disciplined need not be limited to teacher-student interactions, but must relate to his/her fitness as a teacher and must have an adverse effect on or within the school community." But the Court rejected the teacher's contention that this standard was not satisfied in his case, noting that his acts involved threats against children and a tendency to react with violence and aggression -- characteristics that did relate to his fitness as a teacher and indicated a threat to the school community that the Board could properly act to abate.
The decision was authored by Superior Court Judge M. Jean Hoag and joined by Judges Irvine and Erlich.
Practice Notes:
Judge Hoag was authorized to participate in the case by the Chief Justice of the Arizona Supreme Court pursuant to Article 6, Section 3 of the Arizona Constitution.
The teacher argued on appeal that the Board acted contrary to law by failing to issue a definition of the statutory term "immoral or unprofessional conduct" by the date specified by statute. The Court refused to address this argument because the teacher had not raised it in the Superior Court, noting: "When a challenge is not raised with specificity and addressed in the trial court, we generally do not consider it on appeal."
On February 12, 2004, Division One affirmed a judgment upholding the revocation of a high school teacher's teaching certificate. The Buckeye Union High School teacher had been charged in five different instances with disorderly, harassing and intimidating conduct occurring outside of the high school. The Arizona Board of Education initiated disciplinary proceedings against the teacher and revoked his teaching certificate. The teacher sought judicial review in the superior court, which affirmed the revocation. The teacher then appealed to the Court of Appeals. The teacher argued that his conduct did not consitute "unprofessional conduct" under A.R.S. 15-203(A)(20), because there was no evidence that it affected the operation of the school. The Court of Appeals agreed with the general premise of the teacher's argument, holding "that the off-campus acts for which a teacher is being disciplined need not be limited to teacher-student interactions, but must relate to his/her fitness as a teacher and must have an adverse effect on or within the school community." But the Court rejected the teacher's contention that this standard was not satisfied in his case, noting that his acts involved threats against children and a tendency to react with violence and aggression -- characteristics that did relate to his fitness as a teacher and indicated a threat to the school community that the Board could properly act to abate.
The decision was authored by Superior Court Judge M. Jean Hoag and joined by Judges Irvine and Erlich.
Practice Notes:
Judge Hoag was authorized to participate in the case by the Chief Justice of the Arizona Supreme Court pursuant to Article 6, Section 3 of the Arizona Constitution.
The teacher argued on appeal that the Board acted contrary to law by failing to issue a definition of the statutory term "immoral or unprofessional conduct" by the date specified by statute. The Court refused to address this argument because the teacher had not raised it in the Superior Court, noting: "When a challenge is not raised with specificity and addressed in the trial court, we generally do not consider it on appeal."
Posted date: Mon, Feb 16, 2004
