Although Trial Court Hearing Administrative Mandate Petition Exercises Independent Judgment, It Cannot Ignore the Presumption the Agency's Fact-Finding or Credibility Decisions Were Correct, and Must Base Its Decision on the Entire Administrative Record

In San Diego Unified School District v. Commission on Professional Competence (Jespersen), published March 26, 2013, the Fourth District Court of Appeal, Division One, reversed a trial court decision granting a school district's petition for a writ of administrative mandate.  The school district had accused the teacher of unfitness to teach, based on accusations of inappropriate touching of students.  The teacher requested a hearing with the Commission on Professional Competence.  After a hearing, the Commission dismissed the accusation and statement of charges, finding that the evidence against the teacher was not credible.  On the district's petition, the trial court reversed the Commission's decision and affirmed the teacher's dismissal, on the ground that it found the evidence against the teacher credible.  The appellate court reversed the trial court, on the grounds that the trial court's decision disregarded the presumption of correctness that an administrative decision carries (even when the court applies an independent standard of review); the deference to the agency's credibility decisions that the Administrative Procedures Act requires; and the obligation to review the entire administrative record.  In light of the entire administrative record, the appellate court concluded, the trial court's findings were not supported by substantial evidence.