MIDWAY SCHOOL DISTRICT OF KERN COUNTY et al., Appellants, v. GLENN A. GRIFFEATH, Respondent.
L. A. No. 19719
In Bank
Sept. 18, 1946
29 Cal. 2d 13
SHENK, J.—On November 1, 1944, the plaintiffs, as members of the governing board of Midway School District of Kern County, served on the defendant, a permanent teacher employed by the district, a written statement of charges as constituting causes for his dismissal, and notice of intention to dismiss him on December 2, 1944. On November 29th the defendant demanded a hearing on the charges and the plaintiffs filed a complaint in the superior court pursuant to
The defendant had been employed by the Midway School District for more than 20 years. He taught mathematics, physical education and shop. He furnished without pay much extra time in teaching at night, and in school affairs and exhibitions. There was no question of his competency and fitness for the position he held nor of his cooperation and helpfulness in school curricula and other activities. He suffered chronically from hives due to a food allergy, but had missed no more than 10 days of school in the 20 years. During the five years preceding the events hereinafter related he had had no vacation due to his attendance at summer school and work in industry. During the latter activity he had received an injury resulting in a condition which gave him pain. His physical condition was known to the school principal and others, and on at least one occasion necessitated temporary relief from teaching before a mixed class. In each of two or three prior years he had attempted to obtain a few days leave of absence, but was unsuccessful for the reason that he was considered not wholly incapacitated from performing his duties. In May, 1944, he consulted a physician for possible alleviation of his condition, but took no treatment
“On account of coming illness I find it necessary to be absent from school the rest of this week. My lesson plans are on my desk. Will try to be back Monday but will probably be absent again on Wednesday until the next Monday as I will probably enter the hospital under Dr. Johnson for observation.”
He left the same evening for Nevada with his companion. On the following Saturday a snow storm arose which prevented their leaving the deer camp until Wednesday. It was impossible to communicate the fact of his enforced absence to the principal. He arrived home Thursday evening and returned to his classes on Friday morning, October 6th.
The governing board deducted $96 from the defendant‘s salary for the six days’ absence without leave and requested his resignation. Upon his refusal to resign the board adopted a resolution charging him with (1) unprofessional conduct; (2) dishonesty; and (3) persistent violation of the school law and regulations. The hearing in the trial court was had on those charges.
The court found the foregoing facts and concluded that they did not constitute sufficient cause for dismissal.
The judgment in effect was an adjudication that the plaintiffs may not dismiss the defendant. The plaintiffs contend that the trial court had no power to make such an adjudication; that the court‘s power was circumscribed by the rules relating to certiorari and mandamus, and that judicial investigation was limited to whether the board properly exercised its jurisdiction. It is claimed that if facts existed which, as here asserted to have been found, were sufficient support for the board‘s determination to dismiss, the trial court had no power to disturb it. The plaintiffs specially refer to the fact, also found by the court, that the indisposition of the defendant was not sufficient to prevent continued performance of his duties and that he used his indisposition as an
The position of the plaintiffs assumes the existence of statutory provisions which are lacking in the present law. Long prior to the adoption of the present Education Code, and pursuant to the 1921 amendment of section 1609 of the Political Code, included in the former Teachers’ Tenure Act, the law afforded a retrial in the superior court after a hearing before the board of education on charges similar to those here involved. In Saxton v. Board of Education, 206 Cal. 758, 768 [276 P. 998], it was stated that such a trial was not an appeal from the board‘s determination, and that the then existing statutory provisions deprived the board of the power to pass finally upon the dismissal of an accused teacher.
The case of Board of Education v. Ballou, 21 Cal.App.2d 52, 55 [68 P.2d 389], noted the significant changes brought about by the 1935 amendment of the School Code (Stats. 1929, ch. 23, Stats. 1935, pp. 1886, 1887) whereby “Administrative school officials were deprived of the power to dismiss permanent teachers for cause and it was made necessary for the governing board, in order to bring about a dismissal, to file a complaint in the superior court ‘asking that the court inquire into such charges and determine whether or not such charges are true, and if true, whether or not they constitute sufficient grounds for the dismissal of such employee, under the provisions of this code, and for judgment pursuant to its findings.’ The legislature has placed upon the judges the duty of determining whether a teacher should be dismissed when charges such as incompetency are filed.” (See, also, Fresno City H. S. Dist. v. De Caristo, 33 Cal.App.2d 666 [92 P.2d 668].) In Board of Education v. Mulcahy, 50 Cal.App.2d 418, 421 [123 P.2d 114], it was said that the interposition, between the initial charge and the final order, of a judicial determination as to the existence of proper grounds for dismissal is supported by both reason and authority, citing Wheatley v. Superior Court, 207 Cal. 722 [279 P. 989].
The changes enacted by the School Code have been carried into the Education Code adopted in 1943. (Stats. 1943, ch. 71.)
The foregoing cited cases and provisions of the Education Code afford a complete answer to the contention of the plaintiffs that the trial court did not have the power to determine whether the defendant may be dismissed by the board. Where an accused teacher demands a hearing, the duty of determining the issues as to the truth of the charges and their sufficiency to support a dismissal is placed by the statute on the superior court, whose judgment, appropriate to the evidence and the findings, terminates the matter. In such cases the board has the administrative function of initiating the charges, of filing the complaint on request, and of compliance with the judgment of the court—with the qualification that a judgment determining that the board may dismiss the defendant is not to be deemed a matter of direction or compulsion.
On an appeal from the judgment the review is not to discover whether facts exist which sustain the action of the board, but whether the evidence on the court hearing supports the findings and judgment of the court.
The court concluded that one instance of disobedience of the school regulations did not necessarily show persistence. Persistence, in the sense intended, is referable to past conduct. The Legislature undoubtedly intended that opportunity for correction be available and refrained from providing for dismissal for a single violation of regulations, or until repeated violations could be considered persistent. In Fresno City H. S. Dist. v. De Caristo, supra (33 Cal.App.2d 666, at 675), it was said that two absences without leave may not be considered a persistent course of conduct. (See Fresno City H. S. Dist. v. Dillon, 34 Cal.App.2d 636 [94 P.2d 86]; cf. Evard v. Board of Education, 64 Cal.App.2d 745 [149 P.2d 413], where the teacher absented herself without leave for a period of seven months.) A teacher who is “continually insubordinate . . .
Both the governing board of the school district and the trial court have followed the procedure prescribed by the Education Code and the judgment is pursuant to the authority vested in the trial court by the provisions of that code.
The judgment is affirmed.
Carter, J., Traynor, J., and Schauer, J., concurred.
SPENCE, J.—I dissent.
Under the undisputed facts in the present case, I am of the opinion that the judgment of the trial court must be reversed. These undisputed facts required findings by the trial court that certain of the charges made against respondent were true, and further required the conclusion by the trial court that such charges constituted sufficient grounds for dismissal under the provisions of the Education Code. (
The trial court, however, apparently misconceiving the relative functions of the school board and of the court under the pertinent sections, not only made findings and conclusions, some of which are inconsistent among themselves and some of which are wholly contrary to the undisputed facts, but further made certain findings which could have no relevancy except upon the erroneous theory that the trial court had the power not only to determine the matters above mentioned but also had the power and duty to determine the penalty, if any, which should be imposed.
The majority opinion sustains the judgment upon arriving at the conclusions that “the findings and conclusions are not fatally inconsistent” and that “they are supported by the evidence.” In arriving at these conclusions, the majority opinion stresses the facts which might be considered by the
As above indicated, the pertinent facts with respect to certain charges were undisputed. Among other charges, respondent was charged with dishonesty and unprofessional conduct. Stripped of all irrelevant matters which were in-
In its findings, the trial court found that respondent had written the letter to the principal containing the false statements and had thereafter voluntarily absented himself from his duties for at least part of the time “without legal reason or excuse,” and that such voluntary absence “was without the permission or assent of the said principal or school board and was not because of illness or indisposition but was for the purpose of going on said hunting trip.” But as to the specific allegations relating to the defiant and insubordinate attitude of respondent after his return, which allegations were contained in the complaint and were further incorporated into the complaint by reference to the resolution of the board, which was attached, the trial court made no specific findings but found generally that all other allegations were “untrue, except in the respects in which said allegations are elsewhere in these findings found to be true.” These last-mentioned general findings were contrary to the undisputed evidence and cannot be sustained. Likewise contrary to the undisputed evidence is the general finding “that it is not true that said defendant was motivated at any time by an attitude of insubordination.”
The above-mentioned undisputed evidence left for the determination of the trial court no real issue of fact with respect to the truth of the specific charges to which such testimony related. The question presented to the trial court was rather one of law than one of fact, and concerned the question of whether such admitted conduct constituted dishonesty and unprofessional conduct within the meaning of
While there may be situations in which the question of whether certain acts constitute unprofessional conduct and dishonesty may not be a question of law alone, such is not the case here. Under approved definitions respondent was unquestionably guilty of dishonesty in writing the letter to the principal containing false representations which were intended to deceive. (See Hogg v. Real Estate Comm‘r, 54 Cal.App.2d 712, 717 [129 P.2d 709].) This is apparently conceded in the majority opinion, where it is stated “That the defendant was guilty of a measure of deception may not be doubted and his conduct was reprehensible when measured by the high standards of his profession.” Furthermore, it is difficult to conceive of any more flagrant unprofessional conduct than that evidenced by such dishonesty, coupled with total disregard of the rules, and the defiant and insubordinate attitude adopted and maintained by respondent throughout his meetings which followed with the principal and the school board. It therefore appears that the trial court here had no alternative but to declare, as a matter of law, that the undisputed facts constituted dishonesty and unprofessional conduct. To declare otherwise under the circumstances would mean that the school board, entrusted with the important duty of supervising the education of the younger generation, would be powerless to dismiss the admittedly offending, defiant and recalcitrant teacher and would be seriously hampered in maintaining discipline and efficiency. In this connection, the following language used in Johnson v. Taft School Dist., 19 Cal.App.2d 405, at page 408 [65 P.2d 912], is pertinent: “A board of education is entrusted with the conduct of the schools under its jurisdiction, their standards of education, and the moral, mental and physical welfare of the pupils during school hours. An important part of the education of any child is the instilling of a proper respect for authority and obedience to necessary discipline. Lessons are learned from example as well as from precept. The example of a teacher who is continually insubordinate and who refuses to recognize constituted authority may seriously affect the discipline in a school, impair its efficiency, and teach children lessons they should not learn. Such conduct may unfit a
As I read the majority opinion, it fails to distinguish between the functions of the school board and of the court in the plan set forth in the sections of the Education Code. It recognizes that respondent was guilty of what is termed “deception,” “misconduct” and “reprehensible” conduct, but it sustains a judgment holding that the school board has no power to dismiss respondent. It states that the trial court in effect determined that the conduct of respondent “did not constitute unprofessional conduct or dishonesty such as would unfit him for the performance of his duties as a teacher. . . . The trial court having the responsibility in the premises, chose to relieve the defendant from the rigorous result of his misconduct and we are disposed not to disturb its judgment in this respect.” (Emphasis added.) It was the function of the trial court to determine only whether respondent was guilty of unprofessional conduct and dishonesty, and to leave to the school board the determination of whether respondent should be dismissed because of such unprofessional conduct and dishonesty. As indicated above, the trial court had no alternative but to determine that he was thus guilty under the undisputed facts. But it was no part of the function of the trial court to determine whether such unprofessional conduct and dishonesty were “such as would unfit him for the performance of his duties as a teacher” or “to relieve the defendant from the rigorous result of his misconduct.” That function clearly rested with the school board, in its discretion, following an appropriate judgment of the trial court.
Respondent does not yet appear to appreciate the seriousness of his offenses, as he claims on this appeal that at most his “conduct amounts to no more than one absence without leave.” It may be assumed, for the purpose of this discussion, that if the undisputed evidence showed nothing more than one short absence without leave, the trial court would have properly entered judgment in his favor. But the very fact that respondent fails to appreciate the seriousness of his deliberate falsehoods uttered to deceive his principal or the seriousness of his defiant and insubordinate attitude, adopted and maintained toward his principal and the school board following the uttering of said deliberate falsehoods and fol-
For the reasons stated, I am of the opinion that the judgment of the trial court should be reversed.
Gibson, C. J., and Edmonds, J., concurred.