ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

made aware that she would be offered a teaching position the following year at a reduced salary
if she renewed her teaching contract. Heutzenroeder contacted Martin and explained that she
believed that she had already been terminated. Martin emphatically explained that at no time had
her employment with the district been severed, which should have been evidenced by her
continued salary. Heutzenroeder did not report for duty and upon contact from the district
informed them that she had already accepted employment elsewhere.
On February 29, the district notified Heutzenroeder that her contract was effectively
terminated for her failure to report for duty and provide notice of accepting other employment. In
April, Heutzenroeder filed suit alleging violations of due process, constructive discharge, and
breach of contract. The district court granted summary judgment to the district. This appeal
followed.
Issues: (1) Was Heutzenroeder entitled to a pre-termination hearing and other due process
procedures before the district terminated her contract? (2) Was Heutzenroeder constructively
discharged?
Holding: The court held that Heutzenroeder failed to present evidence that her position
was one that garnered tenure protections like that of a teacher and that she also failed to show
evidence that the district had created an intolerable work environment.
Reasoning: First, Colo. Rev. Stat. § 22-63-203 establishes tenure policy and due process
procedures for teachers. The court expounded the point that in no capacity does the
aforementioned statute establish tenure policy for anyone other than teachers. Heutzenroeder,
however, argued that it was customary practice by the district to use these same procedures when
terminating administrators, but she failed to show any valid evidence of this practice. The court
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