Metz v. Bethlehem Area School District
177 A.3d 384
| Pa. Commw. Ct. | 2018Background
- Timothy Metz, a tenured Bethlehem Area School District PE teacher, was suspended and later terminated after a custody-dispute letter indicated he tested positive for cocaine metabolites and had not complied with court-ordered random testing.
- District HR confronted Metz on Feb 4, 2016 and requested a drug test; Metz initially refused and was placed on unpaid suspension; he submitted to testing on Feb 9, 2016 and tested positive for cocaine metabolites.
- The District charged Metz with immorality and willful neglect under 24 P.S. § 11-1122(a) and Policy 451 and recommended termination; Metz waived a Loudermill hearing and the Board voted to terminate.
- The Secretary of Education affirmed the termination; Metz appealed to the Commonwealth Court arguing the Feb 9 urine test was an unreasonable warrantless search lacking reasonable suspicion under the Pennsylvania Constitution.
- The Commonwealth Court evaluated whether reasonable suspicion justified the school-ordered urinalysis and concluded the District had reasonable suspicion based on a nonanonymous attorney-to-attorney letter, corroborating facts, Metz’s demeanor, and subsequent information from Metz’s counsel.
- Because the court found reasonable suspicion supported the test and Metz did not challenge the Secretary’s finding that his conduct constituted immorality, the Secretary’s order affirming termination was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the school’s urinalysis was an unreasonable search under Article I, §8 (and the Fourth Amendment) | Metz: the Feb 9 test lacked reasonable suspicion and therefore was an unconstitutional warrantless search | District: receipt of a dated letter from opposing counsel in a custody case, corroborating facts, and Metz’s conduct provided reasonable suspicion for testing | Held: Test was reasonable — sufficient reasonable suspicion existed to compel the urinalysis |
| Whether a positive drug test establishes immorality under § 11-1122(a) | Metz: challenged constitutionality of the test (attacks primary evidence) | District: positive test shows use of illegal drugs incompatible with community morals and teacher duties | Held: Court accepted Secretary’s determination that Metz’s cocaine ingestion constituted immorality (Metz did not further contest that finding) |
| Whether refusal to submit to testing constituted willful neglect of duty | Metz: (not reached on appeal) | District: initial refusal justified willful neglect charge | Held: Court did not reach this issue because immorality ground was sufficient to affirm termination |
| Standard for drug testing of public-school teachers | Metz: higher privacy protection under PA constitution could apply | District: teachers occupy safety-sensitive positions allowing testing on reasonable suspicion under federal precedent | Held: Public-school teachers are safety-sensitive employees and may be tested on reasonable suspicion under the balancing approach articulated in federal cases |
Key Cases Cited
- Skinner v. Railway Labor Executives’ Ass’n, 489 U.S. 602 (1989) (urinalysis/blood collection constitutes a Fourth Amendment search; special-needs balancing may permit warrantless testing)
- New Jersey v. T.L.O., 469 U.S. 325 (1985) (school-search reasonableness requires balancing and need not meet probable-cause standard)
- National Treasury Employees v. Von Raab, 489 U.S. 656 (1989) (drug testing of certain government employees upheld under special-needs rationale)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (reasonable suspicion is a lower standard than probable cause; requires more than a hunch)
- United States v. Cortez, 449 U.S. 411 (1981) (reasonable suspicion assessed by totality of the circumstances)
- Lauer v. Millville Area School District, 657 A.2d 119 (Pa. Cmwlth. 1995) (tenure protection is strong and dismissal statutes are for serious charges)
- Copeland v. Philadelphia Police Dep’t, 840 F.2d 1139 (3d Cir. 1988) (compulsory urinalysis of a police officer suspected of drug use upheld)
- Commonwealth v. Allen, 725 A.2d 737 (Pa. 1999) (informant-tip analysis considers veracity, reliability, and basis of knowledge)
- Commonwealth v. Jackson, 698 A.2d 571 (Pa. 1997) (known informant’s identity enhances credibility due to risk of reprisal)