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Appeals court upholds firing of teacher who placed sexually explicit ad on Internet

April 5, 2011 |  9:55 am

A state appeals court Monday upheld the firing of a tenured San Diego teacher who placed an ad on Craigslist in the "men seeking men" section that included explicit pictures of himself.

The 4th District Court of Appeals overturned a decision by the Commission on Professional Competence that the San Diego Unified School District did not have sufficient grounds to fire Frank Lampedusa, a teacher and dean of students at Farb Middle School.

The appeals court agreed with the school district that Lampedusa's conduct fit the Education Code definition of "immoral conduct." The district had appealed the commission's ruling.

The ad included explicit pictures and a graphic explanation of the kinds of sexual activities that Lampedusa preferred. The ad, however, did not include his name or school affiliation.

In a commission hearing, Lampedusa said he had placed similar ads four or five times in the past. The appeals court, in agreeing with the school district, noted that Lampedusa did not accept that the ad was improper because it might be seen by students or their parents.

Lampedusa was hired in 1999 and served with a termination notice in 2009 after the ad came to the attention of school officials.


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