Samaan

Appellant Makram K. Samaan appeals from a judgment of the Superior Court of Sacramento County which upheld his dismissal as a tenured professor at California State University at Sacramento. Appellant contends: (1) the trial court erred in determining that his proper remedy was a petition to set aside an arbitrator’s award under Code of Civil Procedure section 1285 et seq., rather than a petition for a writ of administrative mandate under Code of Civil Procedure section 1094.5; (2) he was denied procedural and substantive due process; (3) the arbitration did not cure the due process violations; and (4) his dismissal from employment was an abuse of discretion. We reject these contentions and shall affirm the judgment.

Facts

Appellant studied psychology and educational psychology at the University of Minnesota and earned a doctorate degree from that institution. He has been employed as a professor at California State University at Sacramento (CSUS) since 1970, and is a tenured employee. He also engages in the private practice of psychology and counseling. He holds licenses as a psychologist and as a marriage and family counselor. Appellant’s wife, Mary Samaan, is licensed…