The San Diego Unified School District dismissed a teacher on grounds he had touched a student inappropriately. A Commission on Professional Competence determined the district had not adequately proven the teacher’s immoral conduct, unfitness to teach, or persistent violation of district rules. The district petitioned the superior court for a writ of mandate, which vacated the commission’s decision. The teacher appealed the judgment in the district’s favor, contending substantial evidence did not support the superior court’s finding. He also said the lower court erred because it did not afford a strong presumption of correctness to the Commission’s determination. The commission stated that the evidence did not establish that he was unfit. The appeals court reserved the judgment and remanded the matter to the trial court, stating that it enter a new judgment denying the petition. San Diego USD v. Com. on Prof. Competence
Disclaimer: Our blog uses recent cases involving employment law issues. Our office does not represent parties in these cases. The cases are used for information purposes only, and should not be referred on for advice.