Shields v. Poway Unified School Dist.

74 Cal. Rptr. 2d 391, 63 Cal. App. 4th 955
CourtCalifornia Court of Appeal
DecidedMay 7, 1998
DocketD026678
StatusPublished

This text of 74 Cal. Rptr. 2d 391 (Shields v. Poway Unified School Dist.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shields v. Poway Unified School Dist., 74 Cal. Rptr. 2d 391, 63 Cal. App. 4th 955 (Cal. Ct. App. 1998).

Opinion

74 Cal.Rptr.2d 391 (1998)
63 Cal.App.4th 955

Michael Douglas SHIELDS, Plaintiff and Respondent,
v.
POWAY UNIFIED SCHOOL DISTRICT, Defendant and Appellant.

No. D026678.

Court of Appeal, Fourth District, Division One.

May 7, 1998.
Rehearing Denied May 28, 1998.
Review Denied July 22, 1998.[*]

*392 Atkinson, Andelson, Loya, Ruud & Romo, Brown and Conradi, Gerald A. Conradi, Clifford D. Weiler and Nicholas T. Calderon, San Diego, for Defendant and Appellant.

John L. Bukey, Corona, and Abhas Hajela as Amici Curiae on behalf of Defendant and Appellant.

James M. Gattey and Vicki L. Gilbreath, San Diego, for Plaintiff and Respondent.

Van Bourg, Weinberg, Roger & Rosenfeld and Stewart Weinberg, Oakland as Amici Curiae on behalf of Plaintiff and Respondent.

KREMER, Presiding Justice.

Poway Unified School District (District) appeals a judgment after the court granted Michael Douglas Shields's petition for writ of mandate setting aside District's resolution to terminate Shields from employment as a teacher based on the suspension of his teaching credential and requiring District to conduct a hearing in accordance with applicable provisions of the Education Code. District contends the statutory procedures to dismiss permanent certificated employees are not applicable to Shields who agreed to a long-term suspension of his teaching credential. District further contends the court erred in granting Shields's motions to strike exhibits *393 from District's answer, including evidence of the accusations that led to the suspension of Shields's credential. We conclude neither of these contentions has merit and accordingly affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Shields worked for District as a classroom teacher since 1970. He held a standard teaching credential with specialization in secondary teaching and became a permanent tenured employee.[1] Effective March 3, 1995, Shields's teaching credential was suspended for ten years, four years actual and six years stayed, based on allegations of sexual misconduct by Shields as a teacher upon a student, threats against the victim and her family and directing the victim to lie about the misconduct. The suspension was the result of a settlement stipulation between Shields and the California Commission on Teacher Credentialing (Commission). Under the terms of that settlement, Shields's credential would be fully restored after the suspension period.[2]

On March 28, 1995, District informed Shields of its intention to terminate his employment due to the suspension of his credential as well as the allegations of misconduct. District also informed Shields that although there was cause to dismiss him, he was not entitled to a hearing under Education Code[3] sections 44934 et seq. because he no longer held a valid credential. Shields nevertheless requested a hearing under those sections. The request was denied and by resolution of its Board of Education, District terminated Shields's employment.

Shields then filed a petition for writ of mandate in the superior court under Code of Civil Procedure section 1085, seeking to have District's termination of him set aside and requiring District to conduct a hearing in accordance with applicable statutory requirements. The court granted the petition as well as Shields's motion to strike evidence of the accusations that led to the suspension of his credential.

DISCUSSION

I

The issue we must decide is what process, if any, is due before a permanent, tenured employee of a school district, whose teaching credential has been temporarily suspended, may be terminated from employment. We conclude the suspension of a teaching credential, voluntary or otherwise, does not automatically deprive an individual of the right to continued public employment nor does it relieve a school district from complying with the due process requirements of notice and the opportunity for a hearing embodied in the Education Code.

The Education Code sets forth the various terms and conditions of employment for school employees. Title 2, division 3, part 25 codifies the constitutionally based procedural due process requirements before a permanent employee of a school district can be terminated. Specifically, section 44932 provides a "permanent employee" shall not be dismissed except for one or more enumerated causes. (§ 44932, subd. (a)(1)-(11); Tuffli v. Governing Board (1994) 30 Cal.App.4th 1398, 1407, 36 Cal.Rptr.2d 433.) Any such "cause" must be established after adequate notice and opportunity for a hearing.[4] (§§ 44934, 44935, 44936, 44937, 44944.)

An employee who is subject to dismissal only for cause has a property interest in continued employment that is entitled to constitutional protection. (Mendoza v. Regents of University of California (1978) 78 Cal.App.3d 168, 174-175, 144 Cal.Rptr. 117; see also Shelly v. State Personnel Bd. (1975) 15 Cal.3d 194, 207, 124 Cal.Rptr. 14, 539 P.2d 774.) Thus, "[s]tatutes which have as their *394 object the termination of a permanent employee's right of continued employment must be strictly construed. [Citation.]" (Tuffli v. Governing Board, supra, 30 Cal.App.4th at p. 1404, 36 Cal.Rptr.2d 433.)

District contends Shields is not entitled to the statutory procedures for dismissal contained in section 44934 et seq. because he no longer possesses a valid teaching credential, making him ineligible for employment in any school district and subjecting him to summary dismissal.[5] Specifically, District asserts that without a valid credential, Shields is neither "permanent" nor an "employee." However, this argument puts the proverbial cart before the horse. Shields was employed since 1970 in a position requiring certification qualifications. (§ 13304, repealed, now § 44929.21, subd. (a).) Having met the requirements for certification and having obtained a credential, Shields possesses the qualifications prescribed by law. (§§ 44830, subd. (a), 44831.) Although Shields cannot presently provide any service for District requiring a valid credential (§§ 44330, 44355) nor can he be paid because his credential is not "in full force" (§ 45034) during the period of his suspension, his status as a permanent employee remains unaffected.

District further asserts Shields is not the "holder" of a "valid" credential. Section 44065, subdivision (a)(1) requires a classroom teacher to hold a valid teaching credential. "[A]ll credentials regularly issued are valid until revoked, suspended, or expired as provided by law." (§ 44355, subd. (a).) While an individual whose credentials are suspended cannot perform the duties of a classroom teacher during the period of suspension, that individual is still a permanent employee. The fact Shields was required to temporarily surrender his teaching credential during its suspension did not result in the relinquishment of his permanency or employment status.[6] (See Mass v. Board of Education (1964) 61 Cal.2d 612, 618-619, 39 Cal.Rptr. 739, 394 P.2d 579 [Education Code provisions implementing statewide system of certification do not condition tenure rights or status upon such certification].)

Contrary to District's position, Shields is not "disqualified" from employment, nor did he resign or abandon his position.

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Mendoza v. Regents of the University of California
78 Cal. App. 3d 168 (California Court of Appeal, 1978)
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Tuffli v. Governing Board of the San Diego Unified School District
30 Cal. App. 4th 1398 (California Court of Appeal, 1994)
Shields v. Poway Unified School Dist.
63 Cal. App. 4th 955 (California Court of Appeal, 1998)
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621 P.2d 856 (California Supreme Court, 1981)
Mass v. Board of Education
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74 Cal. Rptr. 2d 391, 63 Cal. App. 4th 955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shields-v-poway-unified-school-dist-calctapp-1998.