Woodland Joint Unified School District v. Commission on Professional Competence

Beeson, Tayer, Silbert, Bodine & Livingston and Neil Bodine for Real Party in Interest and Appellant.

Kronick, Moskovitz, Tiedemann & Girard and James E. Thompson for Plaintiff and Respondent.

OPINION

SIMS, J.

In this case, we confront the formidable task of making sense out of the California Education Code. (Statutory references are to this code unless otherwise indicated.) Among other things, we consider when a teacher demonstrates "evident unfitness for service" within the meaning of subdivision (a)(5) of section 44932. [1]

Appellant Edward F. Zuber, a permanent certificated employee of respondent Woodland Joint Unified School District (District), was served by the District with notice of intent to dismiss him from his position as an English teacher at Douglass Junior High School on grounds of "evident unfitness for service" and "Persistent ... refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the State Board of Education or by the governing board of the school district." (§ 44932, subds. (a)(5), (a)(7).)

The charges against Zuber fell into the following categories: failure to follow proper…

In this case, we confront the formidable task of making sense out of the California Education Code. (Statutory references are to this code unless otherwise indicated.) Among other things, we consider when a teacher demonstrates “evident unfitness for service” within the meaning of subdivision (a)(5) of section 44932.

Procedural Background

Appellant Edward F. Zuber, a permanent certificated employee of respondent Woodland Joint Unified School District (District), was served by the District with notice of intent to dismiss him from his position as an English teacher at Douglass Junior High School on grounds of “evident unfitness for service” and “Persistent. . . refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the State Board of Education or by the governing board of the school district.” (§ 44932, subds. (a)(5), (a)(7).)

The charges against Zuber fell into the following categories: failure to follow proper procedures for disciplining students, writing sarcastic and belittling notes about students, insulting students in class, using profanity in *1435 class, behaving rudely and contemptuously…

I dissent.

At issue is whether to reinstate Edward F. Zuber, a dedicated but crusty teacher, or to uphold his dismissal by a school administration that failed to warn him, as required by Education Code section 44938, that it found his acid speech intolerable. The majority upholds the administration asserting it is compelled to do so. This is based upon a wooden reading of the statute, taken out of the context of the Education Code and predicated upon a misreading of the case law. While I cannot condone Zuber’s intemperate conduct, under the present law he is entitled to reinstatement, since the Legislature has chosen that as the lesser of two evils.

Zuber is a teacher whose competence is unquestioned. The trial court explicitly found his “desire ... to properly educate his students is uncontradicted.” He taught in the Woodland School District from 1969 to 1981 without incident. He was on disability leave from 1981 until December 2, 1985, when he returned to find a new school administration. He again went on extended medical leave on December 16, 1986. Four months after going *1458 on leave, on April 30,1987, Zuber was sent an accusation by the Woodland School Board notifying him…