## Facts

- Joseph William Stubblefield was a certificated teacher employed by the Compton Junior College District.
- The district’s Board of Trustees suspended him and issued notice of intent to dismiss him under former California Education Code § 13403 for “immoral conduct” and “evident unfitness for service.”
- A police officer found Stubblefield and a student in a parked car engaging in a sexual act.
- Stubblefield drove away, knocking the officer down and initiating a high-speed chase.
- The Board suspended Stubblefield and provided statutory notice; Stubblefield demanded a hearing.
- Although not required by the Education Code, the Board held an informal hearing at which Stubblefield and counsel appeared and evidence was received.
- The Board then filed a superior court action under the statutory scheme to obtain a judicial determination of the truth of the charges and whether they constituted grounds for dismissal.
- The superior court found the charged conduct true and sufficient to justify dismissal.

## Issues

1. Whether the proven conduct constituted “immoral conduct” and “evident unfitness for service” under former Education Code § 13403, justifying dismissal.
2. Whether the written charges and procedures used adequately informed Stubblefield of the charges and satisfied applicable statutory and due process requirements.
3. Whether certain attempted appeals (from an order overruling a demurrer and from an order denying a new trial) were taken from nonappealable orders.

## Decision

- The court dismissed the purported appeals from the orders overruling the demurrer and denying a new trial as nonappealable.
- The court affirmed the judgment sustaining dismissal and affirmed the order denying the motion to vacate the judgment.
- The court held substantial evidence supported the trial court’s findings concerning the conduct.
- The court held the conduct fell within “even the most restricted definition” of “immoral conduct” and also demonstrated “evident unfitness for service.”
- The court stated the written charges and the Board’s informal hearing fully apprised Stubblefield of the nature of the charges.

## Legal Principles

- Under former Education Code § 13403, a permanent teacher may be dismissed for “immoral conduct” and “evident unfitness for service.”
- Sexual misconduct with a student, coupled with unlawful and dangerous conduct during flight from law enforcement, can constitute “immoral conduct” and show “evident unfitness for service,” even when occurring off campus.
- Appellate review defers to trial court fact-finding where supported by competent, substantial evidence; conflicts in evidence do not warrant reversal when the findings are adequately supported.
- Written charges, together with procedures that provide an opportunity to be heard (including an informal hearing and subsequent judicial determination authorized by statute), can satisfy notice and fairness requirements in teacher-dismissal proceedings.
- Orders overruling a demurrer and denying a new trial are not independently appealable when the governing statute does not authorize such appeals.

## Conclusion

The court upheld the district’s dismissal of a junior college teacher after finding substantial evidence that he engaged in sexual conduct with a student and then fled police in a manner endangering others, conduct that qualified as “immoral conduct” and “evident unfitness for service” under the Education Code; it also dismissed attempted appeals from nonappealable orders and rejected claims of inadequate notice.


Bd. of Trs. of Compton Junior Coll. Dist. v. Stubblefield, 16 Cal. App. 3d 820, 94 Cal. Rptr. 318 (Ct. App. 1971)