Peles

Plaintiff Amit Peles appeals from the denial of his “Petition for Writ of Mandate to Reinstate Student After Expulsion From University.” The trial court denied the petition after sustaining defendants’ demurrer on the ground that the action was barred by the statute of limitations.

In early 1973 plaintiff, who was then a graduate student engaged in a master’s program at California State Polytechnic University, Pomona, was terminated from the program on grounds he committed plagiarism in his - research project submitted in lieu of a master’s thesis. He was permanently expelled from any other program at the institution. The charge of plagiarism was found true at a university hearing conducted April 30, 1973, and the hearing officer’s recommendation of permanent expulsion was “approved” by the president of the university on May 9, 1973.

Plaintiff did not file the instant petition until August 11, 1977, more than four years later. The theory of the petition was that the decision to expel him was effectively made on January 22, 1973, and that the hearing of April 30 violated due process because it was not conducted “before” the alleged actual decision. The petition further…