Tringham

An accusation was filed with the State Board of Education charging that respondent committed immoral acts while serving as the principal of a public school. *508 The matter was heard before a hearing officer, who prepared a proposed decision suspending respondent’s credentials for one year. The board considered the evidence taken at the hearing, rejected the recommendation of the hearing officer as to punishment, and ordered that respondent’s credentials be revoked.

Respondent brought this proceeding in mandamus in the superior court to review the order of the board, and the parties submitted the matter on the administrative record. The court found and concluded that respondent did not commit the acts with which he was charged, and judgment was entered setting aside the order of the board.

In this type of proceeding it is the duty of the court to exercise its independent judgment on the evidence, and its decision must be sustained if there is any credible, competent evidence to support its findings. (Code Civ. Proc., § 1094.5; Moran v. Board of Medical Examiners, 32 Cal.2d 301 [ 196 P.2d 20 ].) The board concedes, as is clearly shown by the record, that the evidence is in…

My views with respect to judicial review of administrative findings of fact under Code of Civil Procedure, section 1094.5, are set forth in dissenting opin *509 ions in Moran v. Board of Medical Examiners, 32 Cal.2d 301, 315 [ 196 P.2d 20 ], and Southern California Jockey Club, Inc. v. California Horse Racing Board, 36 Cal.2d 167, 178 [ 223 P.2d 1 ], These views remain unchanged, but since a majority of the court adhere to the Moran case, I concur in the judgment under the compulsion of that case.

An accusation was filed with the State Board of Education charging that respondent committed immoral acts while serving as the principal of a public school. The matter was heard before a hearing officer, who prepared a proposed decision suspending respondent's credentials for one year. The board considered the evidence taken at the hearing, rejected the recommendation of the hearing officer as to punishment, and ordered that respondent's credentials be revoked.

Respondent brought this proceeding in mandamus in the superior court to review the order of the board, and the parties submitted the matter on the administrative record. The court found and concluded that respondent did not commit the acts with which he was charged, and judgment was entered setting aside the order of the board.

[1] In this type of proceeding it is the duty of the court to exercise its independent judgment on the evidence, and its decision must be sustained if there is any credible, competent evidence to support its findings. (Code Civ. Proc., § 1094.5; Moran v. Board of Medical Examiners, 32 Cal.2d 301 [ 196 P.2d 20 ].) [2] The board concedes, as is clearly shown by the record, that the…