Frost
Frost v. Trustees of California State University & Colleges
Opinion
Opinion
Scott, J.
Everett Frost appeals from a judgment denying his petition for a writ of mandamus to compel payment of accrued back salary, against Trustees of California State University and Colleges, State Board of Control, State Personnel Board and State Controller.
The essential facts are not in dispute. However, the legal conclusions the parties draw from them are.
Frost began work as a probationary academic employee of the English department at California State University at Fresno for the academic year 1969-1970. On November 25, 1970, a notice of nonretention was sent to Frost informing him that he would not be reappointed for the 1971-1972 academic year. On December 28, 1970, Frost filed a notice of grievance pursuant to Executive Order 112. On January 8, 1971, a grievance committee was appointed to hear the case.
On January 18, 1971, Frost and other faculty members at the university filed an action in federal district court in San Francisco. (Toney v. Reagan (N.D.Cal. 1971) 326 F.Supp. 1093 , affd. 467 F.2d 953 , cert. den. 409 U.S. 1130 [ 35 L.Ed.2d 263 , 93 S.Ct. 951 ].) On January 19, 1971, a restraining order was granted preventing the grievance from going forward.…