Supreme Court of Colorado

Cathy Ritzert, Petitioner v. Board of Education of the Academy School District No. 20, Respondent

November 23, 2015361 P.3d 966

Summary

The court held that the reasonableness of a school district's order is an ultimate factual determination for the school board, but the determination must be fully warranted by the hearing officer's evidentiary findings and must consider all the circumstances. Because the Board relied on unsupported contractual assumptions and ignored findings that the order was pretextual, its dismissal of Ritzert for insubordination was arbitrary and capricious. The court reversed and remanded for reinstatement, while declining to decide whether Ritzert could mitigate damages by accepting other employment.