Calif. Teacher’s Firing for Craigslist Sex Ad Upheld
"This finding ignores the fact Lampedusa posted graphic, pornographic photos, and obscene written material, on a Web site open to the public," the ruling continued. "Lampedusa admitted that he had posted similar ads in the past and did not believe he had done anything immoral. Moreover, rather than taking complete responsibility for his conduct, he shifted responsibility to parents and students to not access his site.
"Further, while it is true that he promptly removed the ad after being directed to do so, it does not mitigate his conduct that would have likely continued had a parent not viewed and complained about the ad. This factor also does not support the Commission’s decision," the ruling added, going on to assert, "While Lampedusa’s conduct may not have been blameworthy in the sense he was seeking a date, it was extremely blameworthy in the pornographic, obscene manner that he did so. This factor also does not support the Commission’s decision."
The finding also addressed the definition of "immoral" conduct, citing earlier precedent in doing so.
" ’The term "immoral" has been defined generally as that which is hostile to the welfare of the general public and contrary to good morals. Immorality has not been confined to sexual matters, but includes conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity, dissoluteness; or as wilful, flagrant, or shameless conduct showing moral indifference to the opinions of respectable members of the community, and as an inconsiderate attitude toward good order and the public welfare.’ " (Board of Education v. Weiland (1960) 179 Cal.App.2d 808, 811.)"
Added the text of the ruling, "Moreover, the definition of immoral or unprofessional conduct must be considered in conjunction with the unique position of public school teachers, upon whom are imposed ’responsibilities and limitations on freedom of action which do not exist in regard to other callings.’ (Board of Trustees v. Stubblefield, supra, 16 Cal.App.3d at p. 824.)"