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DECISIONS AND JUDGMENTS

REPRESENTATIVE RECENT TEACHER/CERTIFICATED EMPLOYEE DISMISSAL  AND CREDENTIAL DECISIONS:

YEAR

OAH CASE NUMBER

DESCRIPTION OF CHARGES

DECISION

2013

2012050629

Alleged: Respondent failed to follow the District’s policy regarding field trips and arranged a non-District-sponsored field trip, without prior administrative authorization and then made sexual overtures to one of the students on the trip.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.  Decision affirmed upon District's appeal to Superior Court.

2013

2011110670

Alleged: Respondent used physical contact as a means of reward or to acknowledge or guide his students by touching them on the head, hand or back.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2013

2012021111

Alleged: Respondent engaged in unauthorized and inappropriate assistance of his fifth grade students during the administration of the California Standards Test.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2013

2012031244

Alleged: Respondent inappropriately conducted a search of two students on campus, including their physical person.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided. 

2013

2012050786

Alleged: Respondent gave preferential treatment to female students and sexually harassed them.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2013

2012050315

Alleged: Respondent made sexually suggestive statements to a student, sent improper text messages to students and staff, and had dinner alone with students.

Case dismissed by unanimous decision.  The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2013

2013040442

Alleged: Respondent used inappropriate verbal and other non-physical techniques to gain student attention, cooperation, and order in the classroom.

Case dismissed by unanimous decision.   The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2013

2012030246

Alleged: Respondent provided inappropriate and unauthorized assistance to her students on the 2010 CST resulting in inaccurate test results.

Case dismissed by unanimous decision.  The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2013

2012060614

Alleged: Respondent made inappropriate/forceful contact with students, did not follow administrative directives, and frequently insulted students.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2013

2013070054

Alleged: Respondent sexually and physically abused preschool students and threatened to harm a parent if she reported the abuse.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2014

2012100981

Alleged: Respondent pinched her students and pulled their hair and improperly restrained a student.

Case dismissed by unanimous decision.  The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2014

2013050544

Alleged: Respondent maintained access to as many as 3,178 images containing pornographic imagery.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2014

2014030267

Alleged: Respondent demonstrated abusive or inappropriate behavior towards four students.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2014

2013050170

Alleged: Respondent violated State and District testing policies during the administration of the 2010-2011 CST.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

2013050203

Alleged: Respondent failed to properly supervise his students and use appropriate instructional strategies.

Case dismissed by unanimous decision.  The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

2014100676

Alleged: Respondent struck a 5-year-old kindergarten student and touched the chest of a 10-year-old, fifth grade student, as the student walked by.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

2014100284

Alleged: Respondent struck a student

Case dismissed by unanimous decision.  The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

2014030272

Alleged: Respondent failed to properly manage the classroom and discipline/instruct the students.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

2014051108

Alleged: Respondent, on five occasions, acted with bad-temper, spoke to children and colleagues in a negative way, and failed to supervise students properly.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

2014110111

Alleged: Respondent came to class late and left early, thereby routinely depriving students of the certificated instruction time indicated in their Individualized Education Programs (IEPs).

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

2014100389

Alleged: Respondent placed his hands in the pockets of students and placed his hands under the arms of students and lifted them off the ground.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

2015040235

Alleged: Respondent used inappropriate behavior intervention techniques to address behavioral issues among special education students.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

2015040360

Alleged: Respondent sexually assaulted some of his female students.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

2014100641

Alleged: Respondent failed to supervise students and intervene in and/or report students’ misbehavior, including purported sexual harassment of a student.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2015

B258035

Alleged: Respondent exposed himself to an undercover officer at a public park.

The Commission initially sustained the accusations against Respondent and concluded there was cause to dismiss him. Respondent filed a Petition for Writ of Mandate to set aside the decision.  The Superior Court reversed the Commission, finding that the evidence did not support the decision that Respondent was unfit to teach.  District appealed the Superior Court judgment, but the judgement was affirmed by the California Court of Appeals.

2015

2014051105

Alleged: Respondent forcefully grabbed students and failed to report child abuse.

Case dismissed by unanimous decision. The District failed to establish the acts alleged and/or that Respondent should be dismissed for the acts alleged.   Respondent retained employment and suspension voided.

2016

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2017

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Representative Civil Settlements and Judgments

 

Year Case Number Description of Case Settlement/Judgment
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Court of Appeal Decisions

 

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