## Facts

- Cornel (also spelled Cornell) Kilber was a long-time teacher employed by the Grand Forks Public School District, beginning in 1992; during the 2010–2011 school year he taught as a technology educator at a middle school.
- Over a period of years, the District received many complaints from parents, students, and staff and issued administrative reprimands concerning Kilber’s classroom conduct.
- Complaints included allegations that Kilber repeatedly called out or targeted vulnerable student groups, including special-education students and racial- and religious-minority students.
- A parent also complained that Kilber sexually harassed the parent’s eighth-grade daughter; the District issued an administrative letter of reprimand connected to that complaint.
- In September 2010, the School Board voted to contemplate discharging Kilber before the end of his teaching contract and provided him written charges.
- A discharge hearing was held before the School Board under North Dakota’s administrative-hearing procedures, with an administrative law judge (ALJ) presiding.
- The hearing took place in two sessions: the District presented testimony from thirteen witnesses and exhibits, and after a continuance Kilber presented seven witnesses, testified, and offered additional exhibits.
- During the hearing, one board member disclosed that she had obtained or reviewed documents from Kilber’s personnel file that were not introduced into evidence.
- Another board member disclosed ex parte communications with a parent concerning Kilber’s behavior.
- The ALJ instructed the board members to decide the case based only on the evidence received at the hearing, not on outside information.
- After deliberations, the Board voted to discharge Kilber for “conduct unbecoming” a teacher.
- Kilber sought judicial review in state district court, claiming the hearing denied him due process; the district court affirmed the discharge, and Kilber appealed.

## Issues

1. Whether Kilber was denied due process and a fair discharge hearing because board members were exposed to extra-record personnel-file materials and engaged in ex parte communications.
2. If procedural errors occurred, whether reversal was required absent a showing that the errors prejudiced Kilber’s substantial rights.

## Decision

- The North Dakota Supreme Court affirmed the district court’s judgment and the School Board’s decision to discharge Kilber.
- The court concluded Kilber received constitutionally adequate process, including notice of the charges and a meaningful opportunity to be heard in an ALJ-supervised evidentiary hearing.
- The court held that, even assuming procedural irregularities occurred, Kilber did not show prejudice; any error was harmless and did not deprive him of a fair hearing.

## Legal Principles

- A public-school teacher with a contract interest has a protected property interest in continued employment and is entitled to due process before discharge.
- Due process generally requires notice and an opportunity to be heard in a fair proceeding; the required procedures depend on context and are assessed by overall fairness.
- In administrative adjudication, procedural errors are not grounds for reversal unless the complaining party shows prejudice or harm to substantial rights.
- Decisionmakers in an administrative hearing must base their decision on the evidentiary record; an ALJ’s instruction to disregard outside information can support a finding that extra-record exposure did not affect the result.
- On judicial review of an administrative discharge decision, courts consider whether the agency complied with required procedures and whether the decision is supported by the evidence; harmless error does not justify relief.

## Conclusion

Kilber’s discharge for conduct unbecoming a teacher was upheld because he received notice and a full ALJ-supervised evidentiary hearing, and he failed to demonstrate that board members’ exposure to materials outside the record or ex parte communications affected the Board’s decision or otherwise caused prejudice.


Kilber v. Grand Forks Public School District, 820 N.W.2d 96 (2012)