Theiler v. Ventura County Community College District
130 Cal. Rptr. 3d 273
Cal. Ct. App.2011Background
- District terminated basketball coach Jeff Theiler; he argued he was a contract employee under Education Code §87482.5(a) because his teaching load exceeded 60% of a full-time equivalent (FTE).
- Education Code §87482.5(a) classified employees teaching not more than 60% of a full-time load as temporary with no contract rights.
- Offers of temporary non-contract employment for Theiler specified a two-hour daily basketball class with a 0.6 FTE cap; ancillary duties were paid via stipend.
- The district treated Theiler as a temporary employee and terminated him after an investigation revealed misconduct.
- Trial court granted summary judgment for Theiler; the appellate court reversed, holding coaching duties are not comparable to classroom teaching for FTE purposes.
- The decision discusses how to calculate FTE and whether ancillary duties may be counted, ultimately finding Theiler’s total teaching hours fall below 60% FTE even under contested calculations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether coaching duties are comparable to classroom teaching for 60% FTE. | Theiler claims coaching hours exceed 60% of a full-time load. | District argues coaching duties are not comparable to teaching classroom hours. | Not comparable; coaching duties do not count toward 60% FTE for contract status. |
| Whether Theiler should be classified as contract employee under §87482.5(a). | If teaching load >60% FTE, he is a contract employee entitled to due process. | Duties, including ancillary ones, do not convert to contract status. | Theiler does not exceed 60% FTE; not a contract employee. |
| How is FTE properly calculated for a basketball coach with ancillary duties? | Coach’s teaching plus ancillary duties should be counted toward FTE. | Only the specified teaching hours count toward FTE; ancillary duties are separate. | FTE is determined by class hours plus allowable reductions for lab/lecture classifications; under either approach Theiler remains below 60%. |
Key Cases Cited
- McGuire v. Governing Board, 161 Cal.App.3d 871 (Cal.App.4th Dist. 1984) (60% threshold; focus on hours teaching classes versus other duties; tutoring not equivalent to class teaching)
- Stryker v. Antelope Valley Community College Dist., 100 Cal.App.4th 324 (Cal.App.2d Dist. 2002) (Exceeding 60% may classify as contract employee; but proper comparison of duties matters)