The Massachusetts Appeals Court in Allenson v. Superintendent of the Norton Public Schools, 84 Mass.App.Ct. 1113 (2013), reinstated an arbitrator’s decision that upheld a teacher dismissal for conduct unbecoming a teacher. Allenson was a special education teacher in Norton who was dismissed in 2003 and appealed to arbitration under M.G.L. c. 71, §42. Before the hearing she sought to require the arbitrator to find in her favor and hear no evidence, because a jury in a prior discrimination law suit had found in her favor. The arbitrator ruled that the discrimination case had decided a different issue than the dismissal case before her, and therefore she was not precluded from making an independent decision pursuant to c. 71, § 42. Allenson elected not to attend the arbitration hearing. After a hearing and the submission of the superintendent’s evidence, the arbitrator concluded that Allenson had engaged in conduct unbecoming a teacher, justifying her dismissal. Allenson brought an action in superior court to vacate the decision on the grounds that the arbitrator had exceeded her authority by refusing to give preclusive effect to the jury’s verdict. The superior court agreed and vacated the award.
In reversing the superior court’s decision, the Appeals Court found that the arbitrator had considered the jury verdict and was entitled to make the determination she made that the verdict did not preclude a determination under M.G.L. c. 71, §42. The jury’s verdict was not binding because the statutory arbitration encompassed both the question of “unprofessional conduct” and “the best interests of the pupils in the district and the need to elevate performance standards.” As a result of the decision, the discharge was upheld and the school district avoided substantial monetary damages. Attorneys Tim D. Norris and Melissa R. Murray represented the Norton School Committee in this matter.
