What are the elements of discharge for 'cause' and a formal hearing?

California, United States of America


The following excerpt is from Miller v. Chico Unified School Dist., 157 Cal.Rptr. 72, 24 Cal.3d 703, 597 P.2d 475 (Cal. 1979):

The reasons supporting this principle were stated in Hentschke v. Sink, supra, 34 Cal.App.3d 19, 109 Cal.Rptr. 549: "(A) second or third level administrator bears to his superiors a relationship of the most intimate nature, requiring complete trust by the top administrators in the judgment and cooperative nature of the subordinate. The loss of that trust is not a matter susceptible of proof such as is involved in the cases where a classroom teacher is dismissed or demoted for objective acts of misconduct. To introduce into the administrative structure the elements of discharge for 'cause' and of formal hearing would be to make effective school administration impossible. The statutes do not require that." (34 Cal.App.3d at p. 23, 109 Cal.Rptr. at 551.)

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