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  • COURT OF APPEALS NO.: A09-1715

    STATE OF MINNESOTA

    IN COURT OF APPEALS

    Corey Christopher,Relator,

    vs.

    Windom Area School Board,Respondent.

    RELATOR'S APPEAL BRIEF

    PIDLIP G. VILLAUMEJEFFREY D. SCHIEKAttorneys at LawAtty. Reg. No. 112859Atty. Reg. No. 0305455

    VlLLAUME & SCHlEK, PA2051 Killebrew DriveSuite 611Bloomington, MN 55424952-851-9500

    ATTORNEYS FOR RELATOR

    KEVINRUPPAttorney at LawAtty. Reg. No. 195509

    RATWlK, ROSZAK & MALONEY300 US Trust Building730 Second Ave. S.Minneapolis, MN 55402612-339-0060

    ATTORNEY FOR RESPONDENT

  • TABLE OF CONTENTS

    Table ofContents

    Table ofAuthorities

    Statement ofthe Case

    Legal Issues

    Documents Comprising the Record

    Statement ofthe Facts

    Standard ofReview and Legal Arguments

    Conclusion

    Certificate ofBriefLength

    i.

    PAGE(S)

    i.

    ii. - iii.

    1-2

    2-3

    3-4

    5 - 32

    32 -45

    46

    Attached

  • TABLE OF AUTHORITIES

    MINNESOTA CASE LAW

    Bates v. Independent School District No. 482. Little Falls,379 N.W.2d 239 (Minn. Ct. App. 1986)

    Beranek v. Joint Independent School District No. 287,395 N.W.2d 123 (Minn. Ct. App. 1986)

    Complaint Concerning Kirby, 354 N.W.2d 410 (Minn. 1984)

    Conlin v. City ofSt. Paul, 418 N.W.2d 741(Minn. Ct. App. 1988)

    Fisherv. Independent School District No. 622, 357 N.W.2d 152(Minn. Ct. App. 1984)

    Ganyo v. Independent School District No. 832, 311 N.W.2d 497(Minn. 1982)

    Gibson v. Civil Service Board, 171 N.W.2d 712 (Minn. 1969)

    PAGES

    37

    3,43

    34

    33

    3,42

    2,34,35,37

    32

    Humenanskv v. Minnesota Bd. ofMed. Exam'rs, 525 N.W.2d 559 34(Minn. Ct. App. 1994)

    In the Matter ofHahn, 386 N.W.2d 789 (Minn. Ct. App. 1986) 2,3, 34,35

    In re Livingood, 594 N.W.2d 889 (Minn. 1999) 43

    Kroll v. Independent School Dist. No. 593, 304 N.W.2d 338 2,35,38(Minn. 1981)

    Olson v. Synergistic Tech. Bus. Sys.. Inc., 628 N.W.2d 142 32(Minn. 2001)

    Pelerin v. Carlton Connty, 498 N.W.2d 33 (Minn. Ct. App. 1993) 33

    Pinkney v. Independent School District No. 691, 366 N.W.2d 362 35,37(Minn. Ct. App. 1985)

    ii.

  • Schmidt v. Independent School District No.1, 349 N.W.2d 563(Minn. Ct. App. 1984)

    State v. Shattuck, 704 N.W.2d 13 (Minn. 2005)

    Thompson v. Appleton, 366 N.W.2d 326 (Minn. Ct. App. 1985)

    FEDERAL CASE LAW

    2,35,38

    32

    3,43

    Annstrong v. Manzo. 380 U.S. 545 (1965) 34

    Cleveland Bd. ofEduc. v. Loudennill. 470 U.S. 532 (1985) 33

    Goldberg v. Kelly, 397 U.S. 254 (1970) 34

    Mathews v. Eldridge. 424 U.S. 319 (1976) 34

    MINNESOTA STATUTES AND RULES

    Minn. Stat. 121.121

    Minn. Stat. 122A.33

    Minn. Stat. 122A.40

    Minn. Stat. 122A.58

    Minn. Stat. 125.121

    Minn. R. Civ. App. P. 115.04

    FEDERAL AND STATE CONSTITUTIONS

    U.S. Const., Amend. 14

    Minn. Const., Art. 1, 7

    iii.

    35,36

    1,2,3,5,6, 12,33,34,36,37,38,39,40,41

    2,35

    35

    35,36

    3

    33

    33

  • STATEMENT OF THE CASE

    For the school years of2002 through 2009, Corey Christopher, (hereinafter aJk/a

    "Coach" and/or "Relator" and/or "Christopher" and/or "Corey"), was the Head Boys

    Basketball Coach for the school district ofWindom Area Schools (hereinafter aJk/a

    "School Board" and/or "Respondent"). (Trans. p. 79). On or about May 13, 2009,

    Christopher received a letter dated May 12,2009, from Superintendent Wayne

    Wormstadt, aJk/a "Wormstadt", indicating that the School Board would not be renewing

    his contract as the Head Boys Basketball Coach. (Trans. p. 80, see also Ex. B). On or

    about May 20, 2009, Christopher, by and through counsel, requested a hearing pursuant to

    Minn. Stat. 122A.33, and also requested the written reasons for his non-renewal.

    (Trans. 80, see also Ex. C). On or about May 28, 2009, Christopher received the written

    reasons for his non-renewal as Head Boys Basketball Coach for the 2009 - 2010 school

    year. (Trans. p. 80, see also Ex. D). On or about August 4, 2009, the School Board held

    an open hearing to provide Christopher with a reasonable opportunity to respond to the

    reasons the School Board stated for non-renewing Christopher as the Head Boys

    Basketball Coach for the 2009 - 2010 school year. (Trans. p. 1 - 107). On August 4,

    2009, after briefdiscussion, the School Board passed a motion to affIrm the non-renewal

    ofChristopher as Head Boys Basketball Coach for the 2009 - 2010 school year. (Trans.

    p. 105 - 106).

    1

  • On September 18, 2009, Christopher, by and through counsel, filed a Petition for

    Writ ofCertiorari, a Writ ofCertiorari, and a Statement ofthe Case and served the

    appropriate parties. Christopher does not bring actions regarding his teaching position at

    Windom Area Schools and states that his teaching contract with Windom Area Schools

    and his non-renewal ofhis coaching contract are two separate legal actions involving two

    separate Minnesota Statutes. (Compare Minn. Stat. l22A.33 and Minn. Stat.

    122A.40).

    Christopher now seeks relief on two issues discussed below and addressed at or

    prior to the hearing held on August 4, 2009.

    LEGAL ISSUES

    1. Whether, the School Board violated Christopher's due process rights and/or Minn.Stat. 122A.33.

    The School Board did not directly address this issue, however, because they didnot renew Christopher as Head Boys Basketball Coach, it is the position ofChristopher that they ruled that they did not violate Christopher's due processrights and/or Minn. Stat. l22A.33.

    In the Matter ofHalm, 386 N.W.2d 789 (Minn. Ct. App. 1986); Kroll v.Indtmendent School Dist. No. 593, 304 N.W.2d 338 (Minn. 1981); Ganyo v.Independent School District No. 832, 311 N.W.2d 497 (Minn. 1982); Schmidt v.Independent School District No.1, 349 N.W.2d 563 (Minn. Ct. App. 1984); seealso Minn. Stat. l22A.33.

    2

  • II. Whether, the School Board, at the hearing held on August 4, 2009, providedsubstantial evidence to non-renew Christopher as Head Boys Basketball Coach.

    The School Board passed a motion to affirm the non-renewal ofChristopher asHead Boys Basketball Coach for the 2009 - 2010 school year.

    In the Matter ofHahn, 386 N.W.2d 789 (Minn. Ct. App. 1986); Thompson v.Appleton, 366 N.W.2d 326 (Minn. Ct. App. 1985); Fisher v. ISD No. 622, 357N.W.2d 152 (Minn. Ct. App. 1984); Beranek v. Joint Independent School DistrictNo. 287,395 N.W.2d 123 (Minn. Ct. App. 1986); see also Minn. Stat. 122A.33.

    DOCUMENTS COMPRISING THE RECORD

    The documents which comprise the record on which Relator relies on for his Brief

    include:

    A transcript ofthe hearing held on August 4, 2009, has been paid for by

    Christopher and has been received by both parties. (See Certificate as to Transcript

    Delivery). The School Board also received the original transcript along with exhibits.

    (See also Certificate as to Transcript Delivery). The transcript along with the exhibits

    should be submitted by the Respondent pursuant to Minn. R. Civ. App. P. 115.04, subd.

    3. For the purposes ofthe record, the Relator, will cite to the transcript ofthe hearing

    held on August 4, 2009, and also to the exhibits entered into as evidence by the Relator.

    All ofthe exhibits entered by Christopher were received by the School Board at

    the hearing held on August 4,2009. (Trans. p. 95 - 96). The exhibits included:

    "Exhibit A", a letter to the School Board from Wormstadt dated May 6,2009; "Exhibit

    B", a letter to Christopher from Wormstadt dated May 12,2009; "Exhibit C", a letter to

    Kevin Rupp (School District Attorney), a/k/a "Rupp", from Villaume & Schiek, P.A.

    3

  • dated May 20,2009; "Exhibit D", a letter to Christopher from Wormstadt dated May 27,

    2009; a letter from Rupp to Philip G. Villaume, a/k/a "Villaume", dated May 28, 2009;

    "Exhibit F", a letter to Christopher from Wormstadt dated June 1,2009; "Exhibit G", a

    letter to Rupp from Villaume dated June 4, 2009; "Exhibit H", a letter to Villaume from

    Rupp dated June 11,2009; "Exhibit I", a letter to Villaume from Rupp dated July 7, 2009;

    "Exhibit J", a letter to Rupp from Villaume dated July 15,2009; "Exhibit K", a letter to

    Villaume from Rupp dated July 20, 2009; "Exhibit L", Activities Director Evaluations of

    Christopher dated June 5, 2008, April 11, 2007, and April 2006; "Exhibit M", Windom

    Coaching Evaluations ofChristopher dated May 27, 2008 and April 26, 2007; "Exhibit

    N", a letter regarding Christopher's performance as Activities Director and Coach signed

    by Principal Eric Hanson, a/k/a "Hanson" and Christopher dated June 12, 2008; "Exhibit

    0", resume ofChristopher; and "Exhibit P", notes and organizational charts for varsity

    practice starting in November 2008 through the end ofthe basketball season in 2009.

    Rupp did not introduce any exhibits at the hearing held on August 4, 2009 or call any

    witnesses during the open part of the hearing. Relator reserves the right to supplement

    the record and/or file a motion to strike.

    4

  • FACTS

    A. Introduction and BackJround.

    Christopher was hired in the Spring of2001 by Windom Area Schools as an

    Activities Director, part-time English teacher, and as an Assistant Basketball Coach.

    (Trans. p. 78 - 80). Christopher started as Windom Area Schools' Head Boys Basketball

    Coach during the school year of2002 - 2003. (Trans. p. 79). Christopher's Head Boys

    Basketball record for the 2008 - 2009 schoo