Agosto v. Board of Trustees of the Grossmont-Cuyamaca Community College District

Filed September 23, 2010, publication ordered October 18, 2010, Cite as 2010 S.O.S. 5928 Fourth District Court of Appeal, Division One

Court Denies Reinstatement Request of Terminated former School Administrator

The issue stemmed from former school administrator David Jay Agosto‘s request to be reinstated to his former position as Vice President at Cuyamaca College. He also seeks reinstatement with back pay, as well as damages for harm to his reputation and discrimination based on disability.

Court records show that the district board terminated Agosto without cause on July 2006. Agosto was dismissed on the grounds that he did not have a right, protected by law, to his former administrative position. According to the court, his service only entitled him to a college faculty position, not an administrative one.

According to records, Agosto signed to his first renewable two-year contract with Cuyamaca Community College in November 1996 as Executive Director, Student Services. Under the contract, he also agreed to the college’s plan to reassign him to a position at the end of the two-year term. However, the college did not sign the contract.

In September 2005, after Agosto serve the school and earned a new title as Vice President, he was diagnosed with kidney disease. He took leave to undergo medical procedure until January 2006. He took full leave until November.

However, in July Agosto was assigned to a full time counselor position as a probationary member of the faculty. But because he was on disability leave, he was not able to do the work that was scheduled to begin in the next academic year.

In March 2006, he received a notice of dismissal and in July, the district board terminated him.

On May 2009, the court upheld the San Diego Superior Court’s decision denying Agosto’s request.

Agosto sought an appeal.

In his appeal, Agosto accused the district of attempting to “obscure the complete facts”. He also said that the district “feigned efforts to accommodate his medical needs, while in reality setting up barriers and obstacles to his returning to work”. In addition to this, he said he was offered a work schedule with “11-hour days, with no breaks.”

During review, the Fourth District Court of Appeal rejected Agosto’s request to be reinstated to his former position as Vice President, affirming the earlier decision of the lower courts.

However, the appellate court found that the district failed to follow the state Education Code when it gave Agosto less than three months notice of its decision not to renew the contract while the law entitles him to at least six months notice.

Further, the appellate court held that former community college administrators have neither statutory right nor property right to their former positions and therefore, are not entitled to ‘writ relief directing reinstatement to their former positions’ if properly terminated.

The court also held that there was no basis for back pay to be awarded in the writ proceeding, but the award of back pay was final and binding on the district when it failed to make a timely cross-appeal.