De Groat v. Newark Unified School District

[540]

Opinion

CHRISTIAN, J.

The Newark Unified School District and the members of its governing board appeal from a judgment for issuance of a writ of mandate to compel reinstatement of respondent Raymond A. de Groat as a teacher.

Respondent had been charged with immoral conduct and “evident unfitness for service”

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upon allegations that on November 20 he had permitted pupils to be “exposed to profane, obscene, immoral, distasteful and/or inappropriate language and references to the human reproductive organs and their functions by a guest speaker,” that he failed to halt this presentation, and that he failed to inform or seek assistance from an appropriate administrator to halt the presentation. Respondent demanded and received a hearing before a commission on professional competence;

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his dismissal was ordered, upon the ground of unfitness for service. The superior court thereafter issued a writ compelling respondent’s reinstatement.

The facts are not substantially in dispute. Respondent, with the knowledge and permission of his superiors, arranged for the appearance of John Thompson, also known as John the Poet, to read poetiy to several classes at Newark High School. The poet promised not to read any “vulgar or profane material.” Nevertheless, students and their parents were advised by letter that the poetry reading might be controversial, and that the parents could decline to allow their children to attend the reading. Respondent, along with numerous other teachers, was present during most of the poetry reading. Respondent and the other teachers reminded the students of their right to leave the room at any time before or during the poetry reading if they found any of the material objectionable. The poet indeed devoted his reading largely to scatological and sexual material. Neither respondent nor any other teacher halted the reading.

Appellants contend that the trial court misapplied the independent judgment test by substituting its own judgment for that of the commission on professional competence. The commission determined that respondent should be dismissed from his position as a certificated permanent employee due to “evident unfitness for service.” (Ed. Code,