Court backs arbitrator’s right to issue subpoenas

Tuesday, May 25, 1999 | 12:02 p.m.

CARSON CITY -- The Nevada Supreme Court Monday struck down attempts by the Clark County School District to stop the issuance of subpoenas that would have helped a teacher prepare his defense against firing.

This was a test case because the district and the teacher, Joe Cox, reached a settlement and he has since left his teaching position.

The court, in a unanimous decision written by Justice Deborah Agosti, ruled an arbitrator in the case had the authority to issue subpoenas to force the district to reveal the names of students who may have testified against Cox.

The case started when the district served notice to Cox that he would be fired for using a racially derogatory word in a conversation with a hall monitor.

He was also accused of jeopardizing the graduation of two students at Sunset High School by failing to do certain work.

The association secured subpoenas to get the names of the students who allegedly overheard the racial remark and those pupils whose graduation was at risk.

The district said the arbitrator did not have subpoena authority.

The court, in upholding District Judge Joseph Pavlikowski, said an arbitrator has authority under law to require witnesses to testify and to produce evidence relevant to the investigation. Agosti said it would be meaningless if the arbitrator was given this authority without the power to subpoena.

In oral arguments before the court in February, attorneys for the teachers association said it was entitled to get the names and documents in order to prepare a defense.

The district argued this is turning the arbitration hearing into a full-fledged trial and would disrupt the district by pulling students out of classes who may be witnesses.