Haar
Governing Bd. of ABC Unified Sch. Dist. v. Haar
Opinion
Opinion
Nott, J.
Appellant Kenneth Haar appeals from a judgment entered after the trial court granted a petition for writ of administrative mandamus filed by respondent the Governing Board of the ABC Unified School District (District). The California Women’s Law Center, Alliance for Children’s Rights, and Public Counsel join in the appeal as amici curiae. We affirm.
Contentions
Appellant contends that (1) the trial court erred in overruling appellant’s demurrer, (2) the trial court erred by substituting its judgment for that of the Commission on Professional Competence (the Commission), and (3) the “Morrison” factors did not support termination.
Facts
On February 12, 1992, the District suspended appellant, a 26-year certificated, tenured music teacher of middle school students. It initiated dismissal proceedings against him on the grounds that he engaged in immoral conduct by sexually harassing his female students. Pursuant to Education Code section 44944, appellant requested a hearing before the Commission to determine whether the suspension and dismissal were justified. Eighteen charges formed the basis for the claim of immoral conduct. During the hearing, charges 6 and 7 were…