(a)A permanent employee shall not be dismissed except for one or more of the following causes:
(1)Immoral conduct, including, but not limited to, egregious misconduct. For purposes of this chapter, “egregious misconduct” is defined exclusively as immoral conduct that is the basis for an offense described in Section 44010 or 44011 of this code, or in Sections 11165.2 to 11165.6, inclusive, of the Penal Code.
(2)Unprofessional conduct.
(3)Commission, aiding, or advocating the commission of acts of criminal syndicalism, as prohibited by Chapter 188 of the Statutes of 1919, or in any amendment to
that chapter.
(4)Dishonesty.
(5)Unsatisfactory performance.
(6)Evident unfitness for service.
(7)Physical or mental condition unfitting him or her to instruct or associate with children.
(8)Persistent violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the state board or by the governing board of the school district employing him or her.
(9)Conviction of a felony or of any crime involving moral turpitude.
(10)Violation of Section 51530 or conduct specified in Section
1028 of the Government Code, added by Chapter 1418 of the Statutes of 1947.
(11)Alcoholism or other drug abuse that makes the employee unfit to instruct or associate with children.
(b)The governing board of a school district may suspend without pay for a specific period of time on grounds of unprofessional conduct a permanent certificated employee or, in a school district with an average daily attendance of less than 250 pupils, a probationary employee, pursuant to the procedures specified in Sections 44933, 44934, 44934.1, 44935, 44936, 44937, 44943, and 44944. This authorization does not apply to a school district that has adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
Notes of Decisions
San Diego Unified Sch. Dist. v. Comm'n on Prof'l Competence, 35 I.E.R. Cas. (BNA) 741 (Cal. Ct. App. 2013).
· cites it 5× “In November 2008, District notified Jesperson in writing of its intent to terminate his employment on grounds of evident unfitness for service (Ed. Code, § 44932, subd. (a)(5)); immoral conduct (Ed.”
Conservatorship of Roulet, 590 P.2d 1 (Cal. 1979).
· cites it 2× “(b)); to remain employed as a teacher (Ed. Code, §§ 44932, 87732); to establish or maintain certain relationships (e.”
Takahashi v. Bd. of Educ., 202 Cal. App. 3d 1464 (Cal. Ct. App. 1988).
· cites it 3× “” On May 12, 1980, plaintiff was issued a document entitled “notice of intent to dismiss,” along with a statement of charges indicating that cause existed to dismiss her on the basis of incompetency (Ed. Code, § 44932, subd. (d)) 4 and that the district intended to do so.”
Cumero v. Pub. Emp. Relations Bd., 778 P.2d 174 (Cal. 1989).
· cites it 2× “For example, if *610 the union were to advocate more advantageous rules relating to dismissal of teachers a subject over which it may not bargain under the EERA (§ 3540; Ed. Code, § 44932 et seq.), and a matter as to which the employer cannot realistically be expected to…”
Kimble v. Bd. of Educ., 192 Cal. App. 3d 1423 (Cal. Ct. App. 1987).
· cites it 2× “(Ed. Code, § 44932 et seq.) [1] Plaintiff did not open the envelope containing the notice and thus was unaware of her impending dismissal until March 6, 1984.”
San Dieguito Union High Sch. Dist. v. Comm'n on Prof'l Competence, 174 Cal. App. 3d 1176 (Cal. Ct. App. 1985).
· cites it 2× “) The school administration, therefore, must share some of the responsibility for the failure of Harris' substitutes to receive her lesson plans. As was noted in the first opinion in this case, teacher dismissal for failure to obey rules must be premised on "persistent," willful…”
Gamble v. Gen. Foods Corp., 6 I.E.R. Cas. (BNA) 1172 (Cal. Ct. App. 1991).
“(Ed. Code, § 44932.) When her school district terminated her employment, she filed a mandamus action in state court to compel the district to set aside its decision.”
Fontana Teachers Ass'n v. Fontana Unified Sch. Dist., 201 Cal. App. 3d 1517 (Cal. Ct. App. 1988).
“2 of the Government Code,” and by the fact that *1526 Education Code section 44932, which sets out the grounds for dismissal and suspension of permanent employees, provides, in subdivision (b): “The governing board of a school district may suspend without pay for a specific…”
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