California Court of Appeal

Evidence of teacher misconduct older than four years is inadmissible, per Education Code section 44944, and cannot be relied upon in a local district dismissal proceeding. Section 44944 is not a statute of limitations subject to equitable tolling exceptions, but rather an evidentiary and substantive bar that cannot be lifted by equitable doctrines.

Appellate Information

• Decided 03/08/2004
• Published 03/08/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Driscoll & Associates and Thomas J. Driscoll, Jr., Lodi, for Real Party in Interest and Appellant., John F. Kohn for California Teachers Association as Amicus Curiae on behalf of Real Party in Interest and Appellant.


• For Appellees:
  
• Lozano Smith, Michael E. Smith, Howard A. Friedman, Santa Monica, Stephen A. Mendyk, and Jesse J. Maddox, Fresno, for Plaintiff and Respondent., John Bukey, Richard Hamilton and Judith Cias for California School Boards Association as Amicus Curiae on behalf of Respondent., No appearance by Defendant and Respondent.