Godon v. Kindred Public School District

Summary

The North Dakota Supreme Court affirmed dismissal of Kathleen Godon's breach-of-contract and equal-protection claims against the Kindred Public School District. The court held that the parties altered her teaching contract when the District approved unpaid leave for her planned travel, and that the District honored the altered agreement by deducting personal and unpaid leave during a school cancellation. The court also rejected her class-of-one equal-protection claim.

Holdings

1. Because the original teaching contract and professional negotiation agreement did not address unpaid leave when scheduled school days were later cancelled, the contractual relationship was altered when the District granted Godon unpaid leave to travel to Greece.
2. The alteration of Godon's teaching contract was supported by new consideration.
3. The District did not breach the altered contract because it honored the agreed unpaid-leave arrangement by permitting Godon to travel to Greece and reducing her pay for the approved absence.
4. The flood-related school cancellation did not provide a basis for Godon's claim because there was no breach of contract and frustration of purpose is a defense or avoidance doctrine rather than an independent basis for recovery.
5. Godon's class-of-one equal-protection argument was without merit. The court declined to extend class-of-one protection to public employees under the North Dakota Constitution and, in any event, found no arbitrary treatment because Godon was treated the same as the other three teachers who had previously requested and received leave.

Questions Presented

1. Whether the District's approval of Godon's request for leave to travel to Greece altered the terms of her teaching contract.
2. Whether the alleged contract alteration was supported by new consideration.
3. Whether the District breached the altered contract by applying personal leave and deducting pay for days during which school was cancelled.
4. Whether the flood-related school cancellation frustrated the principal purpose of the teaching contract.
5. Whether the District violated Godon's equal-protection rights under the North Dakota Constitution by treating her differently from teachers who had not requested leave.

Disposition

affirmed