Supreme Court of Kansas

Gwynne Van Scoyk and Kay Wiley, Appellants v. St. Mary’s Assumption Parochial School and Kansas Commission on Civil…

July 15, 1978224 Kan. 304

Summary

The court affirmed dismissal of the plaintiffs' action. It held that the plaintiffs could not appeal a no-probable-cause determination directly to the district court, but that they had exhausted administrative remedies and could otherwise pursue an independent civil action after the Commission closed its file. The court nevertheless held that the Kansas civil-rights statute did not apply to the sectarian school because the statutory definition of employer excluded sectarian employers.

Holding

  • Appeal from a no-probable-cause determination. No appeal lies to the district court from a no-probable-cause determination by the investigating commissioner.
  • Independent civil action after administrative exhaustion. The Kansas civil-rights statute does not make Commission proceedings the exclusive means of enforcing rights granted by the statute, and an aggrieved person may bring an independent civil action after exhausting available administrative remedies.
  • Coverage of sectarian employers. A sectarian parochial school is not an employer covered by the Kansas act against discrimination.

Docket 48,625

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