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Pavlik v. Chinle Unified School District No. 243/11/1999
REVERSED
Chinle Unified School District Number 24 appeals from a trial court decision reinstating Steve Pavlik, a high school teacher whose employment was terminated by the School District's Governing Board. We reverse the trial court's decision and set aside the order of reinstatement.
FACTS AND PROCEDURAL HISTORY
Steve Pavlik taught at Chinle High School for twenty years. In the fall of 1995, the superintendent of the Chinle School District learned of allegations that Pavlik had behaved inappropriately toward some female students.
The superintendent immediately placed Pavlik on paid administrative leave and sent him the following memorandum:
"SUBJECT: PLACEMENT ON ADMINISTRATIVE LEAVE WITH PAY"
"Allegations have been made about your conduct as a Teacher that raise serious concern. You are being placed on administrative leave with pay effective immediately. The purpose of the administrative leave is to enable the district to investigate the complaints against you and to determine what action, if any, is required. You will be notified of the district's Conclusions and any proposed disciplinary action when the investigation has been completed pursuant to the procedures set forth in District Policy GCPD (copy attached)."
"While you are on administrative leave you may attend school functions where members of the public are invited in the same manner and under the same terms and conditions as other members of the public. You may pick up your paychecks (unless you have direct deposit) each pay day at the Payroll office in the district office complex. Other than the above exceptions, you are not to contact students or school personnel other than the High School Principal or be on school property without permission."
"If you have any questions regarding this letter or your status while you are on Administrative Leave, you may call Ben Wade, Chinle High School Principal, at . . . ."
On December 4, 1995, Pavlik was notified that the subject of his possible dismissal was on the agenda for the Board's December 6, 1995, meeting. Pavlik's attorney requested that the matter be deferred until Pavlik had received formal notice of the charges and had an adequate chance to confer with counsel, file a response, and prepare his defense. The District agreed and gave Pavlik a statement of the charges and continued the Board meeting to December 19, 1995. Pavlik filed a written response to the charges in which he admitted many of the facts alleged, but took issue with their gravity.
At the December 19 meeting, the Board accepted the recommendation to terminate Pavlik's employment and notified Pavlik of this action. Pavlik requested a hearing before the Board. At that hearing, which was held on February 8 and 9, 1996, Pavlik presented thirteen witnesses and several exhibits, and his counsel made arguments on his behalf. After taking the matter under advisement, the Board found, among other things, that Pavlik had engaged in verbal and physical conduct of a sexual nature that created an intimidating or offensive environment for students. The Board sustained the recommendation that Pavlik be terminated.
Pavlik filed a complaint in superior court seeking judicial review of the Board's action. The trial court voided the Board's action, concluding that the Board had a pecuniary interest in the outcome of the decision because if it had not upheld Pavlik's termination, the District would have been liable for Pavlik's witness and attorney fees. The court also concluded that the Board had acted arbitrarily by placing Pavlik on administrative leave before it had furnished him a s
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