Martin v. Santa Clara Unified School Dist‪.‬

CERTIFIED FOR PUBLICATION The Santa Clara Unified School District (the District) placed middle-school teacher Susan Martin on compulsory leave on April 17, 1996, after she was arrested on April 9, 1996 on charges of cultivation of marijuana and possession of methamphetamine. On January 11, 1999, she was eventually referred to a diversion program and the charges against her were dismissed on August 25, 1999, after she successfully completed diversion. Education Code section 44940.5, subdivision (c), 1 provides that if an employee who has been placed on compulsory leave due to a certain type of arrest ""is acquitted of the offense, or the charges against him or her are dismissed"" the District must pay the employee full compensation for the time spent on compulsory leave upon the employee's return to work. On facts indistinguishable from those before us, the court in Unzueta v. Ocean View School Dist. (1992) 6 Cal.App.4th 1689 (Unzueta), found that a dismissal following completion of diversion is a dismissal within the meaning of section 44940.5, subdivision (c), and therefore held that the reinstated teacher was entitled to back pay for the entire period of the compulsory leave of absence. Although there was a strong dissent in Unzueta, the majority found no compelling reason to disregard the plain meaning of the word ""dismissed"" in the statute. However, the court expressly invited the Legislature to amend section 44940.5, subdivision (c), to except diversion dismissals, if that reflected its intent. Ten years have passed, and the Legislature has not amended this statutory provision.