Teacher Accused Of Molestation To Keep His Job.

Two different mothers of third graders complained a male teacher inappropriately touched their daughters. After three criminal trials on molestation charges, he was sentenced to seven concurrent 15-year-to-life prison terms. His convictions were reversed, and the prosecutor declined to retry him. The school district notified him he was terminated due to engaging in lewd and lascivious acts with students. The teacher requested a hearing with the Commission on Professional Competence which determined the school district had not proven the teacher was unfit. The school district filed a petition for a writ of mandate with the superior court, and the superior court granted the petition and vacated the Commission’s decision.  The teacher appealed.  For numerous reasons, including a lack of substantial evidence, the appellate court reversed the judgment of the superior court and remanded the case with directions to enter a new judgment denying the school district’s petition for writ of mandate.  The teacher is to recover his costs.  San Diego Unified School District v. Commission on Professional Competence (Thad Jesperson) (Cal. App. Fourth Dist., Div. 1; March 26, 2013) 214 Cal.App.4th 1120.