Scharf

This action, which presents both statutory and constitutional challenges to the process of academic peer review employed by the University of California, requires us to determine the extent of the autonomy granted the university under article IX, section 9 of the California Constitution.

Statement of the Case

Appellants are the University Council, the American Federation of Teachers, and six present or former members of the university faculty denied tenure or promotion. Respondents are the Regents of the University and various senior administrative officials thereof (hereinafter collectively referred to as the University). Upon stipulation of the parties, the Council of University of California Faculty Associations was permitted by the superior court to formally intervene in the action and to unite with the University in resisting appellants’ claims.

Appellants commenced the action by jointly filing a petition for writ of mandate and complaint. As amended, the petition alleged that by denying appellants complete access to information considered by the University in making tenure and other employment determinations the University deprived them of a meaningful…