Rutherford

M. Robert Rutherford appeals the superior court’s denial of a writ of mandate compelling California State University to reemploy him.

For eight years from March 1964 until August 1972 Rutherford, a retired foreign service officer, was employed by California State University, Long Beach, under the rank and title of “Associate Professor,” but at all times he actually worked in the administrative position of “Coordinator of International Programs.” He received annual reappointments until 1968, when the university informed him that “further formal annual reappointment [would] not [be] required under the university’s regulations,” i.e. he had acquired tenure. In 1972 Rutherford’s job was abolished and his employment terminated pursuant to legislation which prohibited the use of money budgeted for instructional faculty to fund administrative positions. In August 1972 Rutherford filed a grievance with the university. The grievance committee found he had attained academic tenure in 1968 and that the university violated its regulations governing the layoff of tenured employees when it terminated his employment. The university president rejected the committee’s findings, and the…