Brown v. Jefferson Co. Board of Education, 2012COA98 (June 21, 2012)

Teachers can get sent to the principal too. In this case a teacher is terminated for bad behavior and then commences the formal grievance process. He wins at step three but is unofficially informed that the Board of Education will terminate him anyway. He does not finish the grievance process and sues. The Board never makes a final decision. The court of appeals, in a split decision, holds that the trial court lacked subject matter jurisdiction for failure to exhaust administrative remedies. Exhaustion was not futile because it was not clear beyond a reasonable doubt that the Board would actually terminate him. The dissent views the collective bargaining agreement as a contractual relation; thus the teacher failed to exhaust contractual remedies, not administrative remedies, and under a contract analysis the claim should be allowed to proceed.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/09CA2554-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8562&courtid=1

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