A Superior Court judge has reversed the firing of a former Grossmont College physical geography teacher who was accused of asking a female student to show him her bra in exchange for a passing grade.
Timothy Cliffe admits making a sarcastic remark to his former student, Yu Yu Chen, but denied trying to get any sexual favors.
Cliffe was fired in late 2006 after a state administrative law judge ruled he had engaged in “immoral conduct.”
Superior Court Judge Charles Hayes rejected that ruling last week and ordered the Grossmont-Cuyamaca Community College District to reinstate Cliffe. The district has not decided whether to appeal, a district spokeswoman said.
Hayes said Chen, a Taiwanese student who was in the country on a student visa, was not a reliable witness because of her limited English skills, which would have made it difficult for her to understand Cliffe's remarks. He questioned letting her testify without an interpreter.
Hayes also questioned Chen's character because evidence existed that she had cheated on a test in Cliffe's class, using a stolen exam. The judge noted that Cliffe had a reputation for low tolerance for cheating and had an exemplary record at the college, where he had taught since 1989.
Cliffe admitted making an inappropriate comment when Chen, then 25, went to his office to ask him to change her grade to a C. He had given her an F.
Cliffe said he told her she could go to the mall and buy herself an A, B or C bra. When Chen asked if that would get her grade changed, he said: “Sure, you go buy a bra and you get a C. Sure. I don't think so.”
Chen met with Cliffe again in his office and taped their conversation without his knowledge. Hayes said the recording should not have been allowed as evidence and that it was mostly unintelligible. Although there was reference to the bra comments, it did not show that Cliffe was trying to solicit sexual favors, Hayes said.
Neither Chen nor Cliffe could be reached for comment yesterday.
Cliffe was a vocal critic of the administration during the time of the incident, which raised suspicion as to why the administration took strong action against him, said Martha Torgow, Cliffe's lawyer.
Torgow said that Cliffe wants his job back and that he will be careful about what he says to students in the future.
Leonel Sanchez: (619) 542-4568; leonel.sanchez@uniontrib.com
