Griswold

Robert A. Griswold (hereafter referred to as petitioner or appellant) appeals from that portion of the judgment of the Contra Costa County Superior Court which denied appellant’s petition for a writ of mandate requesting that Mt. Diablo Unified School District (hereafter referred to as respondent or cross-appellant) be required to set aside its decision dismissing appellant from his post as English department chairman at Pacifica High School. Respondent and cross-appellant Mt. Diablo Unified School District appeals from that portion of the judgment which granted the petition for writ of mandate setting aside the district’s decision to transfer appellant to another high school.

Issues Presented

1) Appeal from the ruling removing appellant as department chairman.

a) The doctrine of exhaustion of remedies is applicable.

b) The constitutional issue was not raised during the grievance proceedings.

c) Appellant was not prevented from raising any constitutional issue.

2) Appeal from the ruling setting aside respondent’s decision to transfer appellant to another high school.

a) The criminal remedy for violation of the Brown Act is exclusive.

Record

During the school…