Tuffli

Christian S. Tuffli appeals the judgment of the superior court denying his petition for writ of mandate which sought an order compelling the San Diego Unified School District (the District) to reinstate him with backpay to his former position as a teacher of handicapped pupils. Tuffli contends that his summary termination by the District pursuant to Education Code section 44836, after he was convicted of a sex offense, was a violation of statutory and constitutional protections of his property interest in continued employment. He argues that any termination proceedings should have awaited the outcome of his appeal of his conviction, which resulted in a reversal of the conviction and the dismissal of the charges.

As we will explain, we conclude the District’s summary dismissal of Tuffli after he was convicted of a sex offense was valid as long as his conviction had not yet been reversed on appeal. (§ 44836.) However, in tight of the reversal of his conviction and the dismissal of the charges, there remains no basis for the continuing deprivation of his interest in continued employment, unless the District conducts a hearing on whether he should be discharged for cause,…