Concepcion

Appellant Winston H. Miller was a member of the speech department faculty at West Valley-Mission Community College District (District) until he was arrested and charged with selling cocaine on September 24, 1986. (Health & Saf. Code, § 11352.) District commenced disciplinary proceedings to discharge Miller (Ed. Code, §§ 87732, 87735), which resulted in hearings before an arbitrator acting as an administrative law judge. (Ed. Code, § 87660 et seq.)

In the criminal proceedings, Miller’s first trial resulted in conviction, but the trial court granted a new trial motion based on incompetent assistance of counsel. Miller was acquitted in his second criminal trial.

After hearings in the disciplinary action, the arbitrator, David Concepcion, ruled that District’s action was barred by collateral estoppel since the Committee of Credentials of the California Commission on Teacher Credentialing had determined that Miller’s teaching credential should not be revoked. District appealed the arbitrator’s collateral estoppel ruling by petition for a writ of mandate to the superior court. (Code Civ. Proc., § 1094.5.) The trial court granted the first petition for a writ, holding…