Washington v. State Personnel Board

In this case we examine the standard of review for disciplinary actions taken against employees of the California State University and Cblleges. We hold that the substantial evidence rule applies. We further hold that dismissal is an appropriate penalty for the attempted theft of public property by such a governmental employee.

Plaintiff’s employment with California State University, Sacramento (real party in interest), was terminated. An administrative hearing judge conducted a hearing, then issued findings of facts, and a proposed decision, sustaining the dismissal. Both the findings, and the decision, were adopted by the California State Personnel Board (defendant) as its decision. Plaintiff’s attempt, pursuant to Code of Civil Procedure section 1094.5, to vacate the board’s order by way of writ of mandate was denied by the superior court, prompting this appeal.

Plaintiff was an employee of California State University for approximately 10 years. During the last seven years, he was the evening supervisor at the school’s center for instructional media. The center supervises the lending of the university’s equipment.

On May 9, 1977, while plaintiff was working his 2…