I dissent for the reasons thoughtfully and persuasively discussed by Justice Tobriner. I am also impressed with the cogent amici curiae argument presented, significantly, by two respected professional organizations: the National Education Association and the California Teachers’ Association. And I note that a similar considered conclusion was reached by Justices Cobey and Schweitzer for the Court of Appeal.
In my opinion this court is conclusively bound by two unequivocal factual findings of the State Board of Education: that petitioner’s “services as a teacher have been satisfactory and she was invited back to teach by the tender of a contract from her employer for the school year 1968-69” (subsequent to the incident involved herein); and that petitioner “is unlikely to repeat” the activities charged in the accusation.
In view of those controlling factual determinations the majority opinion is unsupportable.