BIEL V. ST. JAMES SCHOOL 5
Biel’s contract stated that she would work “within [St.
James’s] overriding commitment” to Church “doctrines,
laws, and norms” and would “model, teach, and promote
behavior in conformity to the teaching of the Roman
Catholic Church.” St. James’s mission statement provides
that the school “work[s] to facilitate the development of
confident, competent, and caring Catholic-Christian citizens
prepared to be responsible members of their church[,]
local[,] and global communities.” According to the school’s
faculty handbook, teachers at St. James “participate in the
Church’s mission” of providing “quality Catholic education
to . . . students, educating them in academic areas and in . . .
Catholic faith and values.”
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The faculty handbook further
instructs teachers to follow not only archdiocesan curricular
guidelines but also California’s public-school curricular
requirements.
In November 2013, Biel received a positive teaching
evaluation from St. James’s principal, Sister Mary Margaret,
measuring her performance in aspects both secular (e.g., her
lesson planning strategies) and religious (e.g., displaying
Church symbols in her classroom). The principal’s written
1
The dissent quotes extensively from the faculty handbook to
support its arguments about the extent of Biel’s religious role. It does so
as if there is no dispute that the handbook imposed binding requirements
on Biel’s employment and provided an accurate depiction of her duties.
But St. James did not rely on the faculty handbook in support of its
motion for summary judgment, which might have been because the
handbook’s force and effect were contested—it is at least unclear what
role, if any, the handbook played at the school and whether it actually
reflected what teachers at the school were expected to do in practice. For
example, Biel’s employment agreement referenced “policies in the
faculty handbook,” but said that “the policies do not constitute a
contractual agreement with [Biel].” At this stage of the proceedings, any
factual uncertainties must be viewed in Biel’s favor. See Fresno Motors,
LLC v. Mercedes Benz USA, LLC, 771 F.3d 1119, 1125 (9th Cir. 2014).