This case is back after trial, following our earlier decision in regard to a preliminary injunction.
With all respect to the district) court’s sensitive effort to devise guidelines for weighing those circumstances,
However, we find the ground) relied on below as dispositive as both sound and sufficient. Defendants point' to a statement in the Code of Ethics of the Education Profession that the teacher “recognizes the supreme importance of the pursuit of the truth, devotion to excellence and the nurture of democratic citizenship.” As notice to the plaintiff that he should not have engaged in the act in question, this standard, although., laudable, is impermissibly vague. It cannot justify a post facto decision by the school authorities that the use of a particular teaching method is ground for discharge, or other serious sanction, simply because some educators disapprove of it. The district court found that the plaintiff’s conduct was within standards responsibly, although not universally recognized, and that he acted in good faith and without notice that these defendants, as his superiors, were not of that view. Sanctions in this circumstance would be a denial of due process.
Affirmed.
