Adelson v. Regents of University of California

Opinion

BROWN (Gerald), P. J.

Daniel Adelson appeals a judgment denying his petition for a writ of mandate against the Regents of the University of California.

[893]

In 1960 the university hired Adelson as a part-time psychology lecturer in the school of nursing (School) at the university’s San Francisco campus. In 1965 Adelson began working full time in the School’s graduate training program in community mental health nursing. The program was funded by a grant from the National Institute of Mental Health (NIMH). In 1966 Adelson became the program’s director at the dean’s request after the. dean told him in writing: “for whatever time you wish to be continued on the Community Mental Health Project, your salary will be funded through that project.”

In 1967 Adelson was appointed- associate professor of psychology in residence. In 1969 the university made “in residence” employees members of the academic senate with the right to a hearing by an academic senate committee “on any matter relating to personal, departmental, or University welfare.” (Standing orders of the Regents, §§ 103.2; 105.1.)

In 1969 the NIMH renewed the School’s grant for five years. In 1972 the School decided to change its curriculum and applied for an . “umbrella” grant for its graduate psychiatric nursing training program. Beginning in July 1974, the community mental health grant and three other grants were consolidated into this “umbrella” grant.

The School terminated Adelson’s appointment effective June 30, 1974, after determining his services were not needed under the revised curriculum. Adelson appealed to the San Francisco campus Committee on Privilege and Tenure, contending the School’s “¡new program was in essence a continuation of the old one” and the umbrella grant should support his faculty position.

The committee held an evidentiary hearing on January 13, 1975; Adelson and the School were represented by counsel at the hearing. The five-member committee unanimously found: “There is widespread acceptance of the old AAUP principle that after a probationary period teachers and investigators should be terminated only for adequate cause or financial exigency.. .. [F]airness demands, and in our experience on the campus practice provides, that faculty members in ‘soft money’ positions of long duration and associate professor or professor rank should not be terminated except for adequate cause as long as the extramural funds for their project continue.” The committee concluded: “Review of