Decision 1702E – Berkeley Unified School District

SF-CE-2350-E

Decision Date: November 5, 2004

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 5

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Lavan did not state a prima facie case of discrimination since the alleged adverse action occurred before the protected activity. Lavan did not provide evidence of nexus; the District followed the proper procedures for issuing a letter of reprimand and did not engage in other conduct showing unlawful motive.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Lavan did not state a prima facie case of discrimination since the alleged adverse action occurred before the protected activity.


504.14000 – Other/In General

Lavan did not state a prima facie case of discrimination since the alleged adverse action occurred before the protected activity. Lavan did not provide evidence of nexus; the District followed the proper procedures for issuing a letter of reprimand and did not engage in other conduct showing unlawful motive.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

This matter can be distinguished from Moosa v. SPB (2002) 102 Cal. App. 4th 1379, in which a professor was demoted for failure to provide a teaching plan ordered by a supervisor. The supervisor’s directive violated the collective bargaining agreement. In this case, the order for Lavan to take an anger management class did not violate the collective bargaining agreement.