Chang v. Regents of University of California

Opinion

CHRISTIAN, J.

Kenne H-K Chang, formerly an assistant professor in the anthropology department of the University of California, Davis, appeals from a judgment on stipulated facts, determining that he had no due process right to a hearing on denial of academic tenure. The judgment also determined that respondents, Regents of the University of California and several academic and administrative officers of the university, were not estopped to withhold tenure.

[90]

The University of California is subject to “full powers of organization and government” exercised by the regents of the university. (Cal. Const., art. IX, § 9.) According to a stipulation filed in the trial court, which superseded showings made earlier on cross-motions for summary judgment, the regents have adopted a formal system according to which a person holding a nontenured academic appointment in the ranks of instructor or assistant professor may attain tenure in the rank of associate professor. Nontenured academics receive renewable term appointments which are subject to termination for cause. Decisions with respect to promotion and the granting of tenure are initiated by department chairmen; a recommendation to grant tenure is reviewed by a committee of the academic senate according to criteria issued by the president of the university. After further review by a broader committee of the academic senate, the chancellor decides to grant or deny tenure. If tenure is denied in the seventh year of service of the affected party, notification must be given of a terminal appointment of one year. Denial of tenure is subject to review, as to procedure only, by the privilege and tenure committee of the academic senate.

Appellant received in 1967 a teaching appointment as acting assistant professor in the. anthropology department at the Davis campus of the university. He progressed normally in departmental status, receiving a fellowship in 1971 for meritorious work and each year a faculty research grant. Appellant published several scholarly works. After appellant received his doctorate from another university, he was regularly advanced in grade and received merit increases in pay.

When the time came to grant or deny tenure to appellant, the department of anthropology recommended tenure. The committee of the academic senate having jurisdiction of the matter recommended against tenure; the chancellor, adopting the committee recommendation, denied tenure and issued a terminal one-year appointment for the 1974-1975 year.