Tringham v. State Board of Education

California Supreme Court

Tringham v. State Board of Education

326 P.2d 850, 50 Cal. 2d 507, 1958 Cal. LEXIS 172

CourtCalifornia Supreme Court

DecidedJune 24, 1958

DocketL. A. 24958

StatusPublished

Cited by16 cases

This text of 326 P.2d 850 (Tringham v. State Board of Education) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tringham v. State Board of Education, 326 P.2d 850, 50 Cal. 2d 507, 1958 Cal. LEXIS 172 (Cal. 1958).

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Opinions

GIBSON, C. J.

An accusation was filed with the State Board of Education charging that respondent committed immoral acts while serving as the principal of a public school. [508]*508The matter was heard before a hearing officer, who prepared a proposed decision suspending respondent’s credentials for one year. The board considered the evidence taken at the hearing, rejected the recommendation of the hearing officer as to punishment, and ordered that respondent’s credentials be revoked.

Respondent brought this proceeding in mandamus in the superior court to review the order of the board, and the parties submitted the matter on the administrative record. The court found and concluded that respondent did not commit the acts with which he was charged, and judgment was entered setting aside the order of the board.

In this type of proceeding it is the duty of the court to exercise its independent judgment on the evidence, and its decision must be sustained if there is any credible, competent evidence to support its findings. (Code Civ. Proc., § 1094.5; Moran v. Board of Medical Examiners, 32 Cal.2d 301 [196 P.2d 20].) The board concedes, as is clearly shown by the record, that the evidence is in conflict on each of the accusations, but it contends that the court did not weigh the evidence, as was its legal right and duty. Instead, the board asserts, the court, acting in an appellate capacity, reviewed the record of the proceedings before the board to see if there was substantial evidence to support the order of revocation, and erroneously concluded that the proof was insufficient to establish a prima facie case against respondent. This contention is based upon a statement in the findings that there is “no substantial evidence” to support the order of the board. The statement is unfortunate as there is abundant evidence, believed would justify the revocation of respondent’s credeneonsisting of the testimony of several witnesses, which if tials. However, the court specifically found on credible evidence that respondent did not commit the acts of which he was accused and that none of the charges was true. The record shows that the court exercised its independent judgment on the evidence and determined that the board’s order was not supported by the weight of the evidence.

The judgment is affirmed.

Shenk, J., Carter, J., Sehauer, J., Spence, J., and McComb, J., concurred.

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GIBSON, C. J.

An accusation was filed with the State Board of Education charging that respondent committed immoral acts while serving as the principal of a public school. [508]*508The matter was heard before a hearing officer, who prepared a proposed decision suspending respondent’s credentials for one year. The board considered the evidence taken at the hearing, rejected the recommendation of the hearing officer as to punishment, and ordered that respondent’s credentials be revoked.

Respondent brought this proceeding in mandamus in the superior court to review the order of the board, and the parties submitted the matter on the administrative record. The court found and concluded that respondent did not commit the acts with which he was charged, and judgment was entered setting aside the order of the board.

In this type of proceeding it is the duty of the court to exercise its independent judgment on the evidence, and its decision must be sustained if there is any credible, competent evidence to support its findings. (Code Civ. Proc., § 1094.5; Moran v. Board of Medical Examiners, 32 Cal.2d 301 [196 P.2d 20].) The board concedes, as is clearly shown by the record, that the evidence is in conflict on each of the accusations, but it contends that the court did not weigh the evidence, as was its legal right and duty. Instead, the board asserts, the court, acting in an appellate capacity, reviewed the record of the proceedings before the board to see if there was substantial evidence to support the order of revocation, and erroneously concluded that the proof was insufficient to establish a prima facie case against respondent. This contention is based upon a statement in the findings that there is “no substantial evidence” to support the order of the board. The statement is unfortunate as there is abundant evidence, believed would justify the revocation of respondent’s credeneonsisting of the testimony of several witnesses, which if tials. However, the court specifically found on credible evidence that respondent did not commit the acts of which he was accused and that none of the charges was true. The record shows that the court exercised its independent judgment on the evidence and determined that the board’s order was not supported by the weight of the evidence.

The judgment is affirmed.

Shenk, J., Carter, J., Sehauer, J., Spence, J., and McComb, J., concurred.

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326 P.2d 850, 50 Cal. 2d 507, 1958 Cal. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tringham-v-state-board-of-education-cal-1958.

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