A Federal Appellate Court recently held a school district employee was denied a “property right” secured by the Fourteenth Amendment, without due process, because the district failed to employ the dismissal procedures outlined in its collective bargaining agreement (CBA). In Cheli v. Taylorsville Community School District (7th Cir. 2021), the superintendent and director of computer services fired Joshua Cheli, a computer services administrative assistant, in an impromptu meeting because a female student alleged that Cheli had sexually harassed her. The Board of Education memorialized the termination at a subsequent meeting. Cheli was never given notice of the Board meeting nor written notice of the charges against him. Thereafter, Cheli filed suit in federal court alleging that he was denied due process required by the Fourteenth Amendment.
Cheli’s employment with the district was governed by a CBA which provided, inter alia, that: (1) an employee may be discharged only for “reasonable cause”; (2) a conference shall be held prior to the discharge; (3) an employee had the right to a representative at the conference, and (4) a written explanation for the discharge must be provided.
The issue before the Seventh Circuit was whether the CBA gave Cheli a protected property interest in his employment. The Court explained that property interests in employment are not inherent in the Constitution, rather they are created and defined from an independent source, such as state law or contract. The Court applied Illinois law, which like many other states, presumes an employment relationship without a fixed duration is terminable “at will.” However, Cheli argued that the CBA was a contract that established his legitimate expectation of continued employment. The Court agreed with Cheli, holding that the CBA “mandates the only way defendants ‘may’ terminate its employees who are party to the agreement: with a showing of ‘reasonable cause.’” Furthermore, the CBA did not contain any language disclaiming a property interest.
This case reminds districts that if their collective bargaining agreement contains a “reasonable cause” provision, it must provide due process to its employees, including notice of reasons for action as well as an opportunity to be heard. By providing these due process protections, districts will reduce exposure to claims alleging Fourteenth Amendment violations. To read the Court’s opinion, please download the following: