Gardner

Charles Gardner appeals a judgment denying his petition for a writ of mandate to compel respondent Commission on Professional Competence (Commission) to set aside its order of dismissal and to compel respondent and real party in interest Board of Education of the Tustin Unified School District (District) to reinstate him as a permanent certificated employee. The superior court, using its independent judgment, upheld the findings of the Commission dismissing Gardner for immoral conduct (Ed. Code, § 44932, subd. (a)) and for evident unfitness to teach (Ed. Code, § 44932, subd. (e)). The judgment is affirmed.

Gardner was employed by the District as a teacher intern during the 1969-1970 school year. Thereafter, with the exception of two unpaid leaves of absences in 1972-1973 and 1979-1980, he taught continuously at Tustin High School.

The District did not assign Gardner a regular classroom after he returned from his second leave. In November of 1980, the District’s board adopted a written statement of specific charges against him alleging various acts of immoral conduct and unfitness to teach occurring during the 1978-1979 school year. Gardner demanded, and was afforded, a…