5DCA Oral Argument - 2026/05/12 - May 12, 2026

argument

5DCA Oral Argument - 2026/05/12

California Fifth District Court of Appeal 5h 33m 8 chapters transcribed 9 days ago official recording ↗
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What is the case and who are the parties in the Sandals vs. Commission on Teacher Credentialing oral argument?

Thank you.
Thank you.
Thank you.
Thank you.
Unknown 15:31
Good morning, gentlemen, on the video. We are in session now on case number F089140, Sandals versus California Commission on Teacher Credentialing. Would you state your appearances for the record?
Matthew Harrison 15:51
Good morning, Your Honors. Matthew Harrison for Appellant Dr. David Sandals.
Matthew King 15:57
Good morning, Your Honors. Deputy Attorney General Matthew King for the Commission on Teacher Credentialing.
Unknown 16:02
Thank you, Mr. Harrison. You've requested 15 minutes. How much time do you wish to reserve for your reply?
Matthew Harrison 16:08
About three minutes, Your Honor.
Unknown 16:10
All right. Go ahead, sir. Thank you,
Matthew Harrison 16:14
Your Honor. And may it please the court. Dr. Singles is an award-winning teacher, 25 years of service, no prior discipline, and an exemplary director of helping vulnerable actresses. On his mission on teacher credential, he revoked his credential for one thing, a 15-day medical leave with Bakersfield City School District Physician, authorized in writing by his physician, on the form provided by the district. Dr. Sandel's leave was based on physical symptoms he suffered as a result of hostile workplace conditions perpetuated against him by the BCSD superintendent and principal in retaliation for his public criticism of their policies. The symptoms in retaliation were corroborated by witness testimony.
Matthew Harrison 16:55
concluding that the superintendent who reported Dr. Sandals had previously corrected his, quote, friends at the commission to revoke Dr. Sandals' credential in retaliation for his public criticism. While Dr. Sandals was on leave, he taught a college class at Al State Baker to be able to support his family. Under the applicable legal standard, these facts cannot support credential revocation.
Richard Middlebrook 17:16
Reversal is not only
Matthew Harrison 17:17
necessary due to the trial court's failure to apply the proclamation, but
Richard Middlebrook 17:21
because the proper legal
Matthew Harrison 17:22
standard does not authorize revocation under these unconscious facts. First and foremost, the trial court failed to apply independent judgment. This standard requires it to reach its own independent conclusion on both findings and the penalties. It did not do so, instead focusing on the similarities of the respective orders. The trial court even admitted it had a, quote, preference for the ALJ's one-year suspension, but deferred to the commission's revocation order because of an erroneous perception that it required That is the wrong standard and irreversible error. As this very court held in Alberta v. Florida retirement, the trial court's deferential language demonstrates the failure to substantively apply independent judgment irrespective of the label, which required reversal as a matter of law.
Matthew Harrison 18:07
Additionally, the trial court was obligated to apply independent judgment as to the Morrison factors, especially considering that the differences in the proposed penalties between the orders were based on the differences in the respective application of the Morrison factors, The trial board
Unknown 18:22
did not
Matthew Harrison 18:22
do so, and this failure requires a person. Second, substantively, there is no justification for revocation under the Morse factors. While
Unknown 18:31
the
Matthew Harrison 18:31
commission
Richard Middlebrook 18:32
and ALJ,
Matthew Harrison 18:32
unlike the trial board, actually did apply the Morse factors,
Richard Middlebrook 18:36
the commission and
Matthew Harrison 18:37
ALJ both improperly applied them in a way which is foreclosed under applicable regulation in case law. These errors are clear as a first, fourth, and seventh Morse factor. Start with the first Morse factor. evaluating the adverse effect on students and the degree to which this effect was anticipated by the school district. Both the ALJ and the commission erred by omitting the latter half of this factor and failing to analyze the extent to which the adverse effect was anticipated by the district. As Dr. Sandoz observed on page 37 of his brief, quoting the Sandy Eapito case at 287, quote, the school system assumes a teacher will on occasion be absent and provides for competent substitutes. Thus, a teacher's two-week absence is clearly anticipated.
Matthew Harrison 19:24
And thus, the district containing substitutes means there was no adverse effect sufficient to warrant discipline, let alone revocation.

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