Chang

Kenne H-K Chang, formerly an assistant professor in the anthropology department of the University of California, Davis, appeals from a judgment on stipulated facts, determining that he had no due process right to a hearing on denial of academic tenure. The judgment also determined that respondents, Regents of the University of California and several academic and administrative officers of the university, were not estopped to withhold tenure.

The University of California is subject to “full powers of organization and government” exercised by the regents of the university. (Cal. Const., art. IX, § 9.) According to a stipulation filed in the trial court, which superseded showings made earlier on cross-motions for summary judgment, the regents have adopted a formal system according to which a person holding a nontenured academic appointment in the ranks of instructor or assistant professor may attain tenure in the rank of associate professor. Nontenured academics receive renewable term appointments which are subject to termination for cause. Decisions with respect to promotion and the granting of tenure are initiated by department chairmen; a recommendation to grant tenure…