Hankla

Randolph Hankla appeals from denial of his petition for writ of mandate or prohibition seeking reinstatement as a certified permanent employee of the Roseland School District.

On April 1, 1971, while- Hankla was the principal of the Shepard Elementary School in the Roseland School District, he was charged with violations of Penal .Code section 272 (contributing to the delinquency of a minor by causing the minor to place his hand on Hankla’s penis) and Penal Code section 314 (indecent exposure). Upon being informed of the charges, respondent immediately placed Hankla upon compulsory leave of absence pursuant to Education Code section 13409 (compulsory leave upon charge of commission of sex offense). Hankla’s motion to sever the counts was granted on or about May 27, 1971. On or about July 6, 1971, the jury acquitted Hankla of the section 314 charge.

Jury trial of the section 272 charge commenced on or about October 13, 1971. On October 22, 1971, the jury was unable to agree to a verdict and mistrial was declared. Thereafter, on October 29, 1971, the district attorney filed an amended complaint in three counts essentially fractionalizing the section 272 charge.

On…