Decision 2241E – Lake Elsinore Unified School District

LA-CE-5235-E

Decision Date: February 27, 2012

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 129

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Claim that other probationary teachers with performance deficiencies were also non-reelected does not establish that non-reelection of teacher without performance deficiencies was subjected to disparate treatment.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

District did not depart from established policies and procedures by not reelecting probationary employee despite satisfactory performance evaluations, where other employees with satisfactory performance evaluations were also not reelected and performance evaluations were not the only source of information used by the District in making re-election decisions.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

Failure to give probationary teacher reason for non-reelection does not indicate unlawful motive, where employer’s practice was not to provide reasons and it was not required by law or policy to do so.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

School Districts expressed reasons for non-reelecting probationary teacher because of his lack of support for co-teaching model does not constitute direct evidence of unlawful motivation.


504.14000 – Other/In General

School Districts expressed reasons for non-reelecting probationary teacher because of his lack of support for co-teaching model does not constitute direct evidence of unlawful motivation.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Exceptions clearly identified issues to which exception is taken, with appropriate page references to ALJ’s proposed decision and citations to the record, and therefore satisfies requirements of PERB Regulation 32300.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

The Board will give deference to ALJ credibility determinations absent evidence to support overturning such conclusions. ALJ’s determination that witness did not make statements attributed to her is affirmed.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Allegations of additional instances of protected activity that were not alleged in either the charge or the complaint constitute unalleged basis for retaliation claim that will not be considered, where respondent was not afforded adequate notice and an opportunity to defend against the unalleged claim that it took adverse action against employee for having engaged in that activity.