The Washington State Supreme Court ruled today that Federal Way Public Schools did not have the legal right to appeal a hearing officer’s reversal of the district’s firing of high school teacher David Vinson.
The district terminated Vinson in July 2007 for allegedly harassing a former student at a fast-food restaurant during an exchange of “vulgar words” and then lying about the incident during the district’s investigation. The former student, who was also found to have lied during the investigation, previously had called the teacher a vulgar term to describe the sexual orientation of Vinson, who is openly gay, according to the Supreme Court’s ruling
Vinson had taught at Thomas Jefferson and then Federal Way high schools before he was fired. He later found employment with another school and rescinded his application for reinstatement with the district. He appealed his termination to the Supreme Court.
Reversing the state Court of Appeals, the state Supreme Court justices ruled 8-1 that the Federal Way district had no grounds under state law to appeal hearing officer John G. Cooper’s ruling. The justices said Cooper’s actions were legal and not subject to appeal under the state Constitution. State law gives a hearing officer jurisdiction to decided appeals over school district firings, the justices said.
In their opinion written by Justice Charles Wiggins, the justices also agreed with Cooper’s ruling that the district “failed to establish sufficient cause to justify termination of Vinson’s employment.”
The Supreme Court ruled Vinson’s behavior in the incident outside the classroom wasn’t sufficiently “egregious” to justify his firing. Justice James Johnson dissented, saying the district had a right to appeal a hearing officer’s reversal of a for-cause firing.
“The majority makes it more difficult to discharge certificated school employees than the Legislature intended, allowing hearing officers, rather than school officials, to decide when cause for discharge exists,” Johnson wrote.
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