DeYoung v. Com. on Professional Competence
Annotate this CasePlaintiff, a tenured teacher, was dismissed based on charges that he had physically and abusively disciplined his students. Plaintiff contended that the Board's failure to consider or formulate written charges before initiating his dismissal nullified all further proceedings. The trial court subsequently denied plaintiff's petition for writ of mandate, finding that the board's failure to consider or formulate charges before initiating plaintiff's dismissal was a nonsubstantive procedural error that was not prejudicial. The court concluded that plaintiff's informal notification of charges, eventual receipt of written charges, representation by counsel, involvement in the discovery process and participation in a four-day evidentiary hearing confirmed he was provided notice and a full opportunity to oppose the charges. Plaintiff has not shown the board's reliance on oral presentation of charges in initiating his dismissal undermined his preparation or otherwise prejudiced his defense. Accordingly, the trial court did not err by denying his mandate petition and the court affirmed the judgment.
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