State v. Lutz
2012 ND 156
| N.D. | 2012Background
- Kilber appeals his discharge from Grand Forks Public School District No. 1 for conduct unbecoming a teacher.
- District proceedings discharged Kilber in Oct–Nov 2010 after an administrative-law-judge-led hearing and Board deliberations.
- Record shows extensive testimony from teachers, staff, and students, and multiple exhibits supporting a pattern of conduct unbecoming a teacher.
- ALJ provided the Board with all hearing evidence; Board voted 8–1 to discharge Kilber.
- Kilber challenged the discharge in district court, which affirmed the Board’s findings and discharge order.
- The supreme court held the hearing did not deny Kilber a fair process; alleged procedural errors were harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kilber received a fair discharge hearing | Kilber: ex parte communications and secret files compromised fairness | District: errors were harmless given overwhelming evidence | Fair hearing not denied; errors harmless |
| Effect of ex parte communications by board members | Kilber: ex parte contacts tainted deliberations | Board admonished; no prejudice shown | No prejudice; not systemic disregard of law |
| Existence of a secret personnel file used at the hearing | Kilber: secret file unknown to him violated rights | No secret file established; evidence permissible | No secret file proven; no prejudice shown |
| Materials outside hearing notice or scope introduced during cross-examination | Kilber: improper cross-exam and outside materials | Objections preserved or not timely; no prejudicial impact | No reversible prejudice; within permissible bounds |
| Appropriate standard and scope of review | Kilber: ch. 28-32 standard, not 28-34 | Board’s decision reviewed under either chapter; substantial evidence | Review appropriate; decision affirmed |
Key Cases Cited
- Opdahl v. Zeeland Public School Dist. No. 4, 512 N.W.2d 444 (ND 1994) (preexisting knowledge by board members permissible; not per se bias)
- Wahl v. Morton Cnty. Soc. Servs., 574 N.W.2d 859 (ND 1998) (due process flexible; notice and opportunity to be heard required)
- Scott v. North Dakota Workers Comp. Bureau, 587 N.W.2d 153 (ND 1998) (institutional noncompliance; systemic disregard of law)
- Madison v. North Dakota Dep’t of Transp., 503 N.W.2d 243 (ND 1993) (administrative evidence norm; discretion and fairness in agency proceedings)
- Elshaug v. North Dakota Workers Comp. Bureau, 607 N.W.2d 568 (ND 2000) (ex parte communications; egregious but not always reversible)