$5-Million Claim Filed in Creationism Fight

In a continuing dispute that has polarized Capistrano Valley High School, biology teacher John Peloza filed a $5-million claim against the Capistrano Valley Unified School District on Friday.

He alleges that his academic rights were violated when district officials disciplined him for teaching religion in class.

According to a copy of the 16-page legal document provided by his attorney, Cyrus Zal, Peloza is also seeking damages against the student newspaper Paw Prints for printing an editorial by a senior at the school criticizing Peloza’s teaching methods.

Also named in Peloza’s claim are several Capistrano Valley High School teachers and administrators; a teacher at another high school who was quoted in a local newspaper as saying he believes that Peloza “was out to discredit evolution theory in order to support creationism,” and State Supt. of Public Instruction Bill Honig, among others.

In the document, Peloza makes 16 allegations against county and state officials resulting from his reprimand and developments that followed.

The allegations include: “violation of his constitutional right of academic freedom, conspiracy to violate his civil rights, libel, slander, breach of contract, invasion of privacy and negligent and intentional infliction of emotional distress.”

The claim also states that Principal Thomas Anthony “wrongly (accused) claimant of proselytizing students in the classroom and . . . teaching religion in the classroom.”

Peloza, a “born-again” Christian, received a reprimand--a serious violation one step before suspension--last winter after two separate incidents involving Jewish students. In one case, a student’s parents complained to school officials that Peloza had told their daughter that people who don’t believe in Jesus Christ “are going to hell.” A few weeks later, another parent reported that the teacher had given the student a Bible after class.

The reprimand instructed Peloza to stop teaching his students that man was put on Earth by an intelligent creator and instead to follow district guidelines requiring that evolution be taught as the scientific explanation for the origin of man.

However, Peloza has steadfastly refused.

“All my client is trying to do is fulfill his obligations as a science teacher to teach the truth in the classroom,” Zal said. “The school district is frustrating that purpose by trying to require Mr. Peloza to brainwash his students with the dogmatic teaching of evolution.”

Peloza’s claim against the district is the first step in the process of filing a lawsuit. The school board and others named as defendants in the document have 45 days to respond.

Jacqueline Cerra, a district spokeswoman, said Friday that its officials are “very comfortable and confident” with the way they handled Peloza’s case.

“The school board stands by its actions so far,” Cerra said. “We believe officials have acted in a very appropriate manner.”

Jim Corbett, a faculty adviser to the student newspaper Paw Prints, reacted angrily to news of Peloza’s pending legal action.

“The notion that our student newspaper and our school district has to spend its money to defend itself against this utterly frivolous suit is offensive,” Corbett said, “especially when we are in times when school districts are already having a hard time financially.”