Atwater v. Commissioner of Education

Plaintiff, a teacher with professional teacher status, was dismissed by the superintendent of the school district for multiple instances of conduct unbecoming a teacher. On appeal, plaintiff argued that G.L.c. 71, section 42, which compelled arbitration of a wrongful dismissal claim made by a public school teacher with professional teacher status, violated art. 30 of the Massachusetts Declaration of Rights because it impermissibly delegated to a private individual (an arbitrator) a judicial function and denied meaningful judicial review. The court concluded that this statute's provision authorizing arbitration of a principal or superintendent's dismissal decision did not interfere with core judicial functions and that the scope of judicial review set forth in the statute did provide for meaning judicial review such that there was no art. 30 violation. Plaintiff also contended that, pursuant to G.L.c. 150C, section 11, the arbitration award should be vacated because the arbitrator acted in excess of her authority, engaged in misconduct, and exhibited bias against him. The court concluded that the judge properly concluded that the arbitrator did not exceed her authority or act in manifest disregard for the law. The court also rejected plaintiff's claims that the arbitrator engaged in misconduct and exhibited bias. Accordingly, the judgment was affirmed. View "Atwater v. Commissioner of Education" on Justia Law