San Diego Unified School District v. Commission on Professional Competence
Opinion
Lead Opinion
Rourke, J.
After respondent San Diego Unified School District (District) dismissed appellant Thad Jesperson from employment on grounds he inappropriately touched a student, the three-member Commission on Professional Competence (the Commission) determined District had not proven Jesperson’s evident unfitness to teach, immoral conduct, or persistent violation of District regulations. District filed a petition for a writ of mandate with the superior court, which granted the petition and vacated the Commission’s decision.
Jesperson appeals from the ensuing judgment in District’s favor. He contends substantial evidence does not support the superior court’s finding that he touched his accuser “in the manner to which she testified.” He further contends the court erred because it did not afford a strong presumption of correctness to the Commission’s decision and its credibility determinations, *1124 and it did not make findings that applied the requisite factors relevant to determine his asserted unfitness to teach.
We reverse the judgment and remand the matter to the trial court with directions that it enter a new judgment denying the petition.