Kissner

Kissner v. Loma Prieta Joint Union School District

Good Law
United States District Court, Northern District of CaliforniaSeptember 8, 20233:22-cv-00949California13,065 words

Opinion

Trial Court Opinion

I. BACKGROUND

1 A. Factual History 2 The factual history in this case involves several overlapping timelines. 3 1. Controversy, Investigation, and Statement of Charges 4 Kissner was employed by the District as a middle school teacher from 2012 to 5 2021. SAC at 3. On March 14, 2018, in the wake of the Parkland school shooting, 6 students nationwide participated in a school walkout to advocate for gun control. Id. at 7 14–15. Kissner informed his students that anyone who participated in the walkout would 8 be deemed absent without excuse. Id. at 18. Kissner scheduled a quiz on that day, and 9 when three of his students skipped class for the walkout, he gave them failing grades on 10 the quiz. Id. at 18, 22–23. Kissner’s stance led to controversy in the local community. Id. 11 at 18–19. 12 Shortly after the controversy began, the District received an anonymous letter 13 accusing Kissner of engaging in inappropriate “grooming” behavior with minors. Id. at 28. 14 The District retained outside counsel to conduct an investigation into the allegations. Id. at 15 37. The investigation continued through the Summer and into the Fall. Notice to Dismiss 16 (dkt. 44-1) §…

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