Kissner

I. BACKGROUND1

1 A. Relevant Factual History 2 On February 12, 2021, Fraser, then superintendent, issued Kissner a Notice of 3 Proposed Intent to Dismiss. Kissner Depo. Ex. 13 (dkt. 115-10). The Notice attached a 4 nineteen-page “Statement of Charges,” which charged Kissner with Immoral Conduct, 5 Unprofessional Conduct, Unsatisfactory Performance, Evident Unfitness for Service, and 6 “Persistent violation of or refusal to obey the school laws of the state or reasonable 7 regulations prescribed for the government of the public schools by the state board or by the 8 governing board of the school district employing him or her,” in violation of the Education 9 Code. Id. at 4. The Statement of Charges included the allegation that Kissner engaged in 10 “Potential grooming behavior, such as: singling out a minor and being alone with a minor; 11 offering alcohol; asking about sex/sexual encounters; and posting images of youth partially 12 unclothed on the internet.” Id. at 7. Attached to the Statement of Charges was a 200-plus- 13 page “Confidential Investigation Report” prepared by an attorney. Id. at 48–255. 14 On March 22, 2021, counsel for Kissner wrote to the District,…