Blake v. Commission on Professional Competence

[515]Opinion

WIENER, Acting P. J. On February 10, 1987, the Commission on Professional Competence (Commission) dismissed Carolyn Blake from her position as a permanent certified teacher with the Capistrano Unified School District (District) on grounds of unprofessional conduct, evident unfitness for service, and persistent violation of or refusal to obey school laws and regulations. (Ed. Code, § 44932, subds. (a)(1), (a)(5) and (a)(7).)2 Blake appeals from the superior court order which denied her petition for writ of mandate. We affirm.

Factual and Procedural Background

Blake was employed as an English and drama teacher with the District from September 1972 until her dismissal in 1987. She injured her back while performing duties as a classroom teacher in October 1984. As a result of the injury Blake did not work from February 1, 1985, through the remainder of the 1984-1985 school year. She returned to work with the District in September 1985.

On February 10, 1985, Blake received a section 44938 notice of unprofessional conduct from the District which cited 44 instances of unacceptable behavior and failure to follow administrative directives. The notice described Blake’s chronic tardiness, use of rude and abusive language with students and colleagues, and failure to maintain appropriate attendance and academic records. Blake stated she was unable to correct the alleged faults because of her extended absence from the classroom due to the back injury and illness.

The District served Blake with its section 44934 notice of intent to dismiss on May 20, 1985, together with a written statement of 55 charges. The notice informed Blake of four grounds for dismissal pursuant to section 44932: 1) unprofessional conduct, 2) dishonesty, 3) evident unfitness for service and 4) persistent violation of or refusal to obey school laws or reasonable regulations. Blake demanded a hearing on the charges.

[516]The Commission convened on June 13, 1985, to meet the 60-day jurisdictional requirement3 and the hearing was adjourned immediately after the chairman ordered a continuance to November 4, 1985. No evidence was heard. The hearing was later continued to March 3, 1986.