San Dieguito Union High School District v. Commission on Professional Competence
Opinion
Lead Opinion
Wiener, J.
Gretchen Harris (Harris) is a permanent certificated employee of the San Dieguito Union High School District (District). On May *1179 8, 1980, the District gave Harris written notice of its intention to dismiss her. In proceedings before the Commission on Professional Competence (Commission) pursuant to Education Code section 44932 1 the Commission determined that no grounds for dismissal existed and ordered that she should not be dismissed. The District then sought and obtained a writ of mandate in the superior court commanding the Commission to set aside its decision and to order Harris’ dismissal from the District’s employment. Harris successfully appealed. (See San Dieguito Union High School Dist. v. Commission on Professional Competence (1982) 135 Cal.App.3d 278 [ 185 Cal.Rptr. 203 ].) On remand the trial court again directed the Commission to set aside its decision and ordered Harris’ dismissal. Harris again appeals. We affirm.
Facts
The District’s statement of charges against Harris allege cause to dismiss her on two separate grounds: evident unfitness for service (§ 44932, subd. (e) [now § 44932, subd. (a)(5)]) and persistent violation or refusal to obey the…
Dissenting Opinion
Staniforth, J.
I respectfully dissent.
Gretchen Harris again appeals a superior court judgment granting the San Dieguito Union High School District’s (District) petition for a writ of mandate to set aside a decision of the Commission on Professional Competence (Commission) 1 declaring the District lacked cause to dismiss Harris from her position as a certificated public school teacher for the District.
Facts
Harris taught Spanish and English as a permanent certificated employee of the District. Beginning in 1976 she was absent intermittently from her teaching duties due to various serious illnesses of her young son, her mother and herself. Harris’ absences totaled some 21 percent of all work days for *1185 the preceding 4 school years: 22 days in 1976-1977; 54 days in 1977-1978; 38% days in 1978-1979; 33% days in 1979-1980. The parties stipulated at the hearing before the Commission and on the record on appeal these absences were “for reasons considered legitimate under District policy.”
On May 8, 1980, ,the governing board of the District gave Harris written notice of dismissal after it had found by a majority vote that cause existed for her dismissal under Education Code section 44932,…
Opinion
David H. Askey for Real Party in Interest and Appellant.
Pettit & Martin, Mary Jo McGrath and Peter M. Bransten for Plaintiff and Respondent.
No appearance for Defendant and Respondent.
OPINION
WIENER, J.
Gretchen Harris (Harris) is a permanent certificated employee of the San Dieguito Union High School District (District). On May 8, 1980, the District gave Harris written notice of its intention to dismiss her. In proceedings before the Commission on Professional Competence (Commission) pursuant to Education Code section 44932 [1] the Commission determined that no grounds for dismissal existed and ordered that she should not be dismissed. The District then sought and obtained a writ of mandate in the superior court commanding the Commission to set aside its decision and to order Harris' dismissal from the District's employment. Harris successfully appealed. (See San Dieguito Union High School Dist. v. Commission on Professional Competence (1982) 135 Cal. App.3d 278 [ 185 Cal. Rptr. 203 ].) On remand the trial court again directed the Commission to set aside its decision and ordered Harris' dismissal. Harris again appeals. We affirm.