Opinion

Pettit v. State Board of Education

  • 10 Cal. 3d 29
  • 109 Cal. Rptr. 665
  • 513 P.2d 889
  • 78 A.L.R. 3d 1
  • 1973 Cal. LEXIS 140
Court
California Supreme Court
Filed
Sep 7, 1973
Status
Published
Author
Mosk
On the bench
Burke, Mosk
Cited by
32 cases

revocation of teacher's credential upheld for participating in sexual acts at "Swinger's Party"; court distinguishes this case from those cases in which the conduct at issue occurs totally in private

How later courts described this case

  • revocation of teacher's credential upheld for participating in sexual acts at "Swinger's Party"; court distinguishes this case from those cases in which the conduct at issue occurs totally in private

Written by the judges who cited it.

The opinion

MOSK, J.

I dissent for the reasons thoughtfully and persuasively discussed by Justice Tobriner. I am also impressed with the cogent amici curiae argument presented, significantly, by two respected professional organizations: the National Education Association and the California Teachers’ Association. And I note that a similar considered conclusion was reached by Justices Cobey and Schweitzer for the Court of Appeal.

In my opinion this court is conclusively bound by two unequivocal factual findings of the State Board of Education: that petitioner’s “services as a teacher have been satisfactory and she was invited back to teach by the tender of a contract from her employer for the school year 1968-69” (subsequent to the incident involved herein); and that petitioner “is unlikely to repeat” the activities charged in the accusation.

In view of those controlling factual determinations the majority opinion is unsupportable.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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