Carpinteria Unified Must Reinstate Fired Teacher Accused of ‘Immoral’ Conduct Toward Students

Santa Barbara Judge Denies School District’s Appeal of State Order to Rehire Carpinteria Middle School Teacher Jay Hotchner

Credit: Courtesy

The verdict is in: the Carpinteria Unified School District (CUSD) must reinstate fired teacher Jay Hotchner after alleged “immoral” and “unprofessional” conduct toward students.

Last year, the state Commission on Professional Competence found the Carpinteria Middle School teacher’s dismissal in 2022 unwarranted. But the district immediately sued the commission to fight Hotchner’s reinstatement.

Student allegations against Hotchner included that he was “weird” and “flirty” towards them, such as suggesting he and a female student should “have a sleepover party together and wear ‘footie pajamas.’” The allegations date back to 2018.

Carpinteria Association of United School Employees President and former Carpinteria Middle School teacher Jay Hotchner commented on a state commission’s recent decision to reinstate him as a school employee at the Carpinteria Unified School Board meeting on January 23, 2024. | Credit: Courtesy

In response to the allegations, Hotchner, who worked as a social sciences teacher for 20 years, told the Independent, “The kids appeared encouraged to take otherwise absolutely routine interactions between a teacher and students — and talking and learning and joking around in a classroom — and turn them into something nefarious.”

Hotchner also serves as the CUSD employee union’s president. He accused the district of retaliating against him, and likened this case to a separate 2021 case in which the District was indeed found guilty of retaliating and discriminating against him by the Public Employee Relations Board.

He charged that CUSD was trying to “hammer [him] with enough accusations” to discredit him rather than “resolve the issue” or “clear up the confusion.”

Ultimately, the commission concluded that his dismissal was not warranted because the district failed to prove Hotchner was “unfit to teach” or that his actions were “immoral.” However, it did acknowledge Hotchner’s actions as unprofessional, inappropriate, and having the effect of making students uncomfortable.

“While [Hotchner] exercised, among other things, poor judgment and a lack of professionalism, the District did not establish by a preponderance of the evidence that [Hotchner] has a fixed character trait which is not remediable,” the commission’s explanation states.

In the pursuing legal battle, the district alleged that the commission’s decision was an “abuse of discretion” and attempted to appeal it. However, on March 21, Santa Barbara County Superior Court Judge Donna Geck upheld the commission’s decision and denied the district’s appeal.

As a result, Hotchner will soon be returning to the classroom.

“The District has failed to show a jurisdictional excess, a serious error of law, or an abuse of discretion on the facts,” the court ruling states.

“Hotchner did, on occasion, exercise poor judgment, but that poor judgment does not reach the level where termination would be the appropriate result,” it continues. “While other discipline may have been appropriate, termination is not.”

Diana Rigby, CUSD superintendent, said that while the district is “disappointed with the outcome,” it remains “committed to listening to and validating the experiences of its students.”

“We believe those entrusted with the care and education of our students have both a legal and moral obligation to treat every child with respect and dignity,” Rigby said in a statement.

“We are incredibly proud of the students who came forward to speak on behalf of themselves and their peers. Self-advocacy is a powerful lifelong skill that we must all encourage in our students, and we do so by honoring, never stifling, their voices. Above all, the District will continue to prioritize student safety, well-being, and the creation of a learning environment where every student feels heard, supported, and respected.”

Exactly when Hotchner will resume teaching, however, is unclear. He said that the district was required to reinstate him by the end of last week, but the district has yet to contact him or his attorneys to discuss next steps.

The ruling comes as the district also juggles decades-old sexual abuse lawsuits and labor negotiations with the Carpinteria Association of United School Employees. The fact that Hotchner is also the president of the employee union has complicated matters around his termination. Hotchner estimates the district spent $3.5 million fighting his reinstatement.

The reality of the battle being “over” is just beginning to sink in, he said in an email to the Independent.

“Although we’re celebrating the decision, we all still struggle to wrap our heads around how these folks could have squandered $3.5 million on such vindictive nonsense, while simultaneously telling employees and the community there is no money for a salary increase,” Hotchner said. “Hopefully the District can now move on.”