R. Brett Stirling v. North Slope Borough School District

Summary

The court upheld the school district’s termination of principal R. Brett Stirling because substantial evidence supported the Board’s conclusion that he could no longer satisfactorily perform his customary duties after creating and distributing an offensive coaster that triggered substantial community distrust. The court also held that the Alaska teacher-comment statute provides protection coextensive with the First Amendment and that the district’s interests in avoiding disruption, serving students and the public, and maintaining trust outweighed any protected speech interests. Although the termination itself was valid, the pretermination process violated due process because Stirling was not informed that he could call witnesses, so the court awarded back pay through the Board’s post-termination decision and remanded for calculation.