Johnston

Johnston v. Trustees of California State University & Colleges

Good Law
151 Cal. App. 3d 1003·1984 Cal. App. LEXIS 1618·199 Cal. Rptr. 175
Court of Appeal of CaliforniaFebruary 14, 1984Civ. 54136California2,303 words

Opinion

Opinion

Scott, J.

This appeal is from a judgment denying a petition for writ of mandate, in which appellant challenged his rejection during probation from his position as a financial manager II at San Jose State University.

Appellant Staten Johnston, who had been employed as a financial manager I at San Francisco State University, commenced employment with San Jose State University (University) on March 21, 1977. He was informed that a two-year probationary period was a prerequisite to permanent status. On January 19, 1979, he was notified that he was “rejected during [his] probationary period” effective April 20, 1979.

He appealed the rejection through the University’s grievance procedure, a four-level review process. At the first two levels, the rejection was upheld. At the third level, the grievance committee recommended reinstatement and withdrawal of the rejection. However, the president of the University disagreed with that recommendation. Appellant then proceeded to the fourth level of review, a hearing before an appeal officer.

The appeal officer was authorized to determine if the president’s disagreement was justified; if it was not, the committee’s recommendation was to be…

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