San Diego Unified School District v. Commission on Professional Competence

*1457 Opinion

Frank Lampedusa, a tenured teacher with the San Diego Unified School District (District) and the real party in interest in the matter, appealed his notice of termination as a permanent certificated teacher by the District to the respondent Commission on Professional Competence (Commission). The District based Lampedusa’s dismissal upon the allegation that he showed evident unfitness for service under Education Code 1 section 44932, subdivision (a)(5); immoral conduct under section 44932, subdivision (a)(1); and persistent refusal to follow State Board of Education guidelines or the law under section 44932, subdivision (a)(7). Specifically, the District’s notice of termination was based upon Lampedusa’s posting on craigslist of an ad soliciting sex that contained graphic photos of his genitalia and anus, as well as obscene written text, that was discovered by a parent and reported to the District. The District has not appealed the findings related to the persistent violations of law allegation under section 44932, subdivision (a)(7) here, nor did they in the trial court.

The Commission determined that cause for the dismissal did not exist and reinstated Lampedusa’s…