Tringham v. State Board of Education
Tringham v. State Board of Education
Opinion of the Court
An accusation was filed with the State Board of Education charging that respondent committed immoral acts while serving as the principal of a public school.
Respondent brought this proceeding in mandamus in the superior court to review the order of the board, and the parties submitted the matter on the administrative record. The court found and concluded that respondent did not commit the acts with which he was charged, and judgment was entered setting aside the order of the board.
In this type of proceeding it is the duty of the court to exercise its independent judgment on the evidence, and its decision must be sustained if there is any credible, competent evidence to support its findings. (Code Civ. Proc., § 1094.5; Moran v. Board of Medical Examiners, 32 Cal.2d 301 [196 P.2d 20].) The board concedes, as is clearly shown by the record, that the evidence is in conflict on each of the accusations, but it contends that the court did not weigh the evidence, as was its legal right and duty. Instead, the board asserts, the court, acting in an appellate capacity, reviewed the record of the proceedings before the board to see if there was substantial evidence to support the order of revocation, and erroneously concluded that the proof was insufficient to establish a prima facie case against respondent. This contention is based upon a statement in the findings that there is “no substantial evidence” to support the order of the board. The statement is unfortunate as there is abundant evidence, believed would justify the revocation of respondent’s credeneonsisting of the testimony of several witnesses, which if tials. However, the court specifically found on credible evidence that respondent did not commit the acts of which he was accused and that none of the charges was true. The record shows that the court exercised its independent judgment on the evidence and determined that the board’s order was not supported by the weight of the evidence.
The judgment is affirmed.
Shenk, J., Carter, J., Sehauer, J., Spence, J., and McComb, J., concurred.
Concurring Opinion
My views with respect to judicial review of administrative findings of fact under Code of Civil Procedure, section 1094.5, are set forth in dissenting opin
Reference
- Full Case Name
- JAMES ALEXANDER TRINGHAM, Respondent, v. STATE BOARD OF EDUCATION, Etc., Et Al., Appellants
- Cited By
- 16 cases
- Status
- Published