Moberg v. Monterey Peninsula School Dist. Bd. of Ed.
Appellant Eric Moberg, a self-represented litigant, was hired in 2009 by respondent Monterey Peninsula Unified School District (the District) as a special education teacher for young adult students with moderate to severe handicaps. In 2010, the District issued a statement of charges and notice of recommendation for dismissal of Moberg as a probationary certified employee. The statement of charges informed Moberg that he was being dismissed for cause, including evident unfitness for service (Ed. Code, § 44932, subd. (a)(5))[1] and persistent violation of or refusal to obey school laws or regulations (§ 44932, subd. (a)(7)). In a supplemental statement of charges, the District added the additional charge of dishonesty (§ 44932, subd. (a)(3)).
After an administrative hearing, the administrative law judge (ALJ) upheld Moberg’s dismissal on the charges of dishonesty (§ 44932, subd. (a)(3)) and persistent violation of or refusal to obey school laws or regulations (§ 44932, subd. (a)(7)). The ALJ’s decision was adopted by the District’s governing board. Moberg challenged his dismissal by filing a petition for writ of mandate in the superior court. The writ petition was denied on the grounds that the court’s independent review of the administrative record showed that the weight of the evidence supported Moberg’s dismissal on two charges, persistent refusal to obey school laws or regulations (§ 44932, subd. (a)(7)) and evident unfitness for service (§ 44932, subd. (a)(5)).
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