United Educators of San Francisco v. San Francisco Unif. School Dist.

Filed 1/17/07  United Educators of San Francisco v. San Francisco Unif. School Dist. CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION THREE

            Appellants San Francisco Unified School District (the district) and the Board of Education of the San Francisco Unified School District (the board) appeal from a judgment reversing the board's decision to summarily terminate Marco A. Mendoza, a high school security guard.  Appellants contend that the trial court failed to apply a sufficiently deferential standard of review when it determined that the penalty imposed by the board was too severe for making sexually inappropriate comments about female students and socializing with female students during class time.  We conclude that the board acted within its discretion in terminating Mendoza's employment, and thus we shall reverse.

Factual and Procedural History

            Mendoza was employed by the district as a security guard for approximately two years before being assigned for the fall 2003 semester to work at the International Studies Academy (ISA).  In November 2003, a 15-year-old student, R.M., told ISA's principal, Nancy Evangelho, that Mendoza had sexually assaulted her.  During the course of investigating this allegation, school administrators determined that Mendoza had engaged in other inappropriate conduct toward other female students as well.  The district notified Mendoza that his employment would be terminated on the grounds that he willfully and negligently violated district policies and engaged in unprofessional conduct.  Mendoza disputed the termination and requested the matter be submitted to advisory arbitration pursuant to the terms of the collective bargaining agreement.[1]  The following evidence was presented at the arbitration proceedings:

            Todd Bittle, the Dean of Students at ISA, testified that he often saw female students sitting on Mendoza's desk and talking to him during class time.  On several occasions he told Mendoza to send the students back to class rather than socializing with them.  Bittle also testified to comments Mendoza made about various female students.  On one occasion, Mendoza told Bittle that he had heard that a student was a â€