Farmer v. Comm. On Professional Competence
Filed 9/14/06 Farmer v. Comm. On Professional Competence CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| ROBERT FARMER, Plaintiff and Appellant, v. COMMISSION ON PROFESSIONAL COMPETENCE, Defendant and Respondent; CAPISTRANO UNIFIED SCHOOL DISTRICT, Real Party in Interest. | G036128 (Super. Ct. No. 05CC00639) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Clay M. Smith, Judge. Affirmed.
C. Brent Scott for Plaintiff and Appellant.
Rutan & Tucker, David C. Larsen and Lona N. Laymon for Real Party in Interest.
No appearance for Defendant and Respondent.
Robert Farmer, a math teacher with the Capistrano Unified School District (the District), was dismissed following complaints he engaged in inappropriate and sexually harassing conduct toward female students. Following a hearing, a Commission on Professional Competence (the Commission) found the District had cause to dismiss Farmer under Education Code section 44932, subdivisions (a)(5) [evident unfitness for service] and (a)(7) [persistent failure to follow school laws]. On Farmer's petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5), the trial court affirmed the Commission's findings. Farmer appeals contending the Commission and the trial court abused their discretion because irregularities in the Commission's proceeding deprived him of a fair hearing, evidentiary errors were made by the Commission, and the Commission's findings were not supported by sufficient evidence. We reject Farmer's contentions and affirm the judgment.
I
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
Farmer had been a math teacher since 1966 and began teaching at the District's San Clemente High School in 1985. The District has a written policy prohibiting sexual harassment of students or employees (contained in Board Policy 4119.11(a) and Board Policy 5183(a), which are virtually identical). As relevant, the District policy defines sexual harassment as, â€
