No. 555 C.D. 2003 (Pa. Cmwlth. 2003)

Facts of the Case

In the spring of 1999, Charles L. Boguslawski, a fourth grade teacher in the Armstrong School District, was arrested on criminal charges. He was suspended with pay for the remainder of the school year. In June of 2000, the Armstrong County Common Pleas Court held a criminal jury trial and Boguslawski was found not guilty. He resumed his teaching duties for 2000-2001, 2001-2002, and part of the 2002-2003 school year.

On June 27, 2001, the Pennsylvania Department of Education charged Boguslawski with immorality and intemperance and sought to have him professionally disciplined by the Professional Standards and Practices Commission. On March 20, 21, 2002, the hearing officer found Boguslawski guilty and revoked his teaching certificate. Boguslawski filed exceptions to the decision with the Commission, which dismissed them and accepted the proposed decision and order of the hearing officer.

Boguslawski appealed the decision to the Commonwealth Court on the grounds that the Department of Education did not meet its burden of proof; that the Department’s findings of fact supporting the decision to revoke Boguslawski’s teaching certificate were no supported by substantial evidence; that the commission committed an error of law in accepting the proposed decision and order of the hearing officer; and that the Commission erred in finding to find that a not guilty verdict of all criminal charges by a criminal court jury with the trial court in June 2000 served as res judicata and/or collateral estoppel, since the testimony from the two students presented to the trial court was very similar to their testimony at the Commission’s proceeding.

Decision of the Court

On December 4, 2003, the Commonwealth Court affirmed the order of the Professional Standards and Practices Commission that had revoked Boguslawski’s teaching certification. The court determined that the Department of Education met the burden of proof and the hearing officer had a preponderance of evidence to support the findings of fact. The court declared that the Commission is the ultimate factfinder, which means that it has the authority to accept that hearing officer’s decision and to impose discipline on professional educators. The court decided that the doctrine of res judicata and the doctrine of collateral estoppel did not apply in this case. The court stated that the not guilty verdict on criminal charges in the trial court did not bar subsequent civil or administrative proceedings concerning the same conduct.

Basis of the Decision

The court cited City of Pittsburgh v. Zoning Board of Adjustment, 559 A.2d. 896, 901 (Pa. 1989) in stating that res judicata does not apply. The court cited Pennsylvania State Police v. Swaydis, 470 A.2d. 107, 108 (Pa. 1983), appeal dismissed 511 Pa. 367, 514 A.2d. 1369 (1986) in stating that collateral estoppel does not apply. The court cited 24 P.S. § 2070.14(b) and (c) as well as Gold v. Department of Education, Professional Standards and Practices Commission, 763 A.2d. 528 (Pa. Cmwlth. 2000) in finding that the Commission is the ultimate factfinder.

prepared by Christopher S. Snyder (summer 2004)