Calderon

Defendant appeals from a judgment entered against him on June 5, 1972, pursuant to Education Code section 13412.

Defendant is a probationary certificated teacher employed by plaintiff board. On May 6, 1970, he was arrested on the campus of the Los Angeles City College and charged with having, on that same day on the college premises, engaged in an act of oral copulation with another man for which a criminal complaint charging defendant with a violation of section 288a, Penal Code, was ultimately issued. On May 7, 1970, plaintiff board placed defendant on a compulsory leave of absence without pay as authorized by Education Code section 13409, which relates to any employee of a school district who is charged with the commission of a sex offense. Ten months later, on March 10, 1971, defendant wqs "acquitted ]by the superior court of the criminal charge, and five days later notified plaintiff board that he desired to resume his teaching duties and demanded payment of his back salary. On March 17, 1971, plaintiff board gave defendant formal notice, pursuant to another provision of section 13409, that it intended to dismiss him within 30 days unless he requested the court…