565 P.3d 181
Alaska2025Background
- R. Brett Stirling, principal of Kali School in Alaska’s North Slope Borough School District, used the school’s printer after hours to create a coaster as a private retirement gift for a colleague, but the coaster mocked the district using its official logo—retaining an image of Alaska Native children—and added vulgar and derogatory statements.
- Photos of the coaster were posted on social media, drawing a strong negative reaction from the local Alaska Native community, which interpreted the coaster as offensive and disrespectful; Stirling left the community soon after due to safety concerns.
- The District notified Stirling of proposed termination for incompetence and for violating anti-harassment policies, holding a pretermination hearing with limited opportunity for Stirling to present a defense.
- The District terminated Stirling; the school board affirmed after a post-termination hearing where Stirling had the opportunity to present evidence and witnesses; the termination was upheld by the superior court.
- On appeal, the Alaska Supreme Court affirmed the termination for incompetence but found the District’s pretermination process violated due process, entitling Stirling to back pay up to the board’s final decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficient grounds for termination | No adequate incompetence shown | Stirling could not fulfill duties due to lost trust | Board had reasonable basis for termination for incompetence |
| Free speech protection (AS 14.20.095, 1st Amend.) | Coaster was protected private/off-duty speech | Speech not protected; disruption and offense outweigh speech rights | Termination did not violate free speech rights |
| Due process in pretermination | Hearing lacked notice about right to present evidence/witnesses | Pretermination process adequate under statutory/federal requirements | Due process lacking pre-termination; back pay is owed |
| Backpay entitlement | Sought pay through post-termination hearing decision | Denial of back pay beyond date of termination was proper | Backpay due through post-termination board decision |
Key Cases Cited
- Kilmer v. Dillingham City Sch. Dist., 932 P.2d 757 (Alaska 1997) (termination for incompetence is justified when trust is lost, rendering employee unable to serve)
- Grimmett v. Univ. of Alaska, 303 P.3d 482 (Alaska 2013) (outlining due process requirements for pretermination hearings)
- Storrs v. Mun. of Anchorage, 721 P.2d 1146 (Alaska 1986) (pretermination process must allow employee to present a defense by testimonial and other evidence)
- Nash v. Matanuska-Susitna Borough, 239 P.3d 692 (Alaska 2010) (lack of notice about ability to call witnesses renders hearing inadequate)