Amy N Scott v. Niles Community Schools Board of Education, 327564

Background

Petitioner Amy Scott, a tenured educator promoted to an administrative (flex-scheduled) position, admitted to an affair in 2011 but denied it continued or occurred during school hours.
In February 2014 school staff obtained and circulated a video showing Scott’s vehicle at a co-teacher’s home, prompting an investigation; Scott was placed on administrative leave and told not to discuss the matter.
The district charged Scott under the Teacher Tenure Act and sought her discharge; Scott filed a claim of appeal asking for two years’ salary, a positive recommendation, attorney fees, and “any other just and proper relief.”
The district moved for summary disposition under Mich Admin Code R 38.155(1)(a) (failure to state a claim); the referee denied discharge after a hearing and ordered reinstatement with lost salary.
The State Tenure Commission (STC) reversed on exceptions, concluding Scott’s pleadings did not request reinstatement (an available STC remedy) and that her stated remedies were outside the STC’s authority, so summary disposition was appropriate.
The Court of Appeals reversed the STC, holding the catchall prayer (“any other just and proper relief”) sufficiently requested reinstatement/lost salary under reasoning analogous to MCR 2.601(A), and remanded to the STC.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether STC correctly granted summary disposition because Scott failed to state a claim for relief	Scott argued her catchall request (and posthearing arguments) authorized relief within STC power (reinstatement/lost salary)	STC/Niles argued Scott did not request reinstatement and sought remedies STC cannot award, so claim fails as a matter of law	Held for Scott: catchall phrase constitutes sufficient request for reinstatement/lost salary; STC erred in granting summary disposition
Whether Scott expressly disavowed reinstatement in her pleadings	Scott argued she did not explicitly disavow reinstatement and sought alternative remedies	STC argued her language (“may be difficult if not impossible to return…”) shows explicit disavowal of reinstatement	Held Scott did not expressly disavow reinstatement; language was an acknowledgement of difficulty or preference, not an unambiguous refusal
Whether MCR 2.601(A) analog applies to administrative rule R 38.143 such that relief may be granted even if not specifically demanded	Scott relied on Arabo and MCR 2.601(A) to treat her catchall as sufficient	STC argued no analogue exists in TTA/rules and relief outside pleadings cannot save a (C)(8) style challenge	Held MCR 2.601(A) is persuasive/controlling by analogy for Rule 38.143; STC may grant reinstatement/lost salary even if not explicitly demanded
Whether summary disposition should be granted where only pleadings are considered	Scott noted parties briefed/argued merits later and relief sought within STC power	STC emphasized motions under R 38.155(2) consider only pleadings and plaintiff’s pleadings lacked proper relief	Held STC erred: when read with the catchall and appellate practice analogues, pleadings were sufficient and summary disposition inappropriate

Key Cases Cited

Lewis v. Bridgman Pub. Schs., 279 Mich. App. 488 (standard for review of tenure commission decision)
Wescott v. Civil Serv. Comm., 298 Mich. App. 158 (definition of arbitrary and capricious)
Ingham County v. Capitol City Lodge No. 141, 275 Mich. App. 133 (agency legal conclusions reviewed de novo)
Arabo v. Michigan Gaming Control Bd., 310 Mich. App. 370 (catchall prayer sufficient to request injunctive/declaratory relief)
Street v. Board of Ed. of School Dist. of City of Ferndale, 361 Mich. 82 (remedy of reassignment/retention of salary when administrative position ends)
Goodwin v. Bd. of Ed. of School Dist. of City of Kalamazoo, 82 Mich. App. 559 (purpose of TTA to prevent arbitrary dismissals)