Saraceno

Saraceno v. Foothill-De Anza Community College District

Good Law
127 Cal. App. 3d 850·179 Cal. Rptr. 742·1982 Cal. App. LEXIS 1175
Court of Appeal of CaliforniaJanuary 14, 1982Civ. 48280California2,297 words

Opinion

Opinion

Scott, J.

This appeal is from the denial of a petition for writ of mandate, in which appellant John Saraceno sought reclassification by respondent Foothill-De Anza Community College District as a full-time regular employee, and other related relief.

I

Appellant was hired as an assistant basketball coach at De Anza Community College in the fall of 1974, and served in that position during the 1974-1975, 1975-1976, and 1976-1977 basketball seasons. Appellant, a recent graduate of San Jose State University, worked under the supervision of basketball coach Anthony Nunes. In Nunes’ judgment, none of appellant’s duties were tasks which could only be performed by an individual with a teaching credential. Nunes made it clear to appellant that no credential was required to be an assistant coach.

Since approximately 1972, De Anza has employed numerous assistant coaches in various sports, and similar programs exist at other schools throughout the state. Among the reasons the assistant coaching program was established was to provide former student athletes with an opportunity to gain some coaching experience and make contacts, both of which might be advantageous in their subsequent efforts…

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