Poschman

On August 2, 1971, appellant Gene S. Poschman filed a petition seeking administrative mandamus, declaratory relief, ordinary mandamus, and damages under state law and the federal Civil Rights Act against respondents herein for denying him (appellant) tenure at the California State College at Hayward (hereinafter “college”), where he had taught political science. On August 6, 1971, the court filed an alternative writ of mandamus. On September 21, 1971, respondents filed a demurrer to the petition. On December 9, 1971, the trial court filed a memorandum of decision which held that administrative mandamus was not available because “California law does not require a hearing for non-tenured academic employees whose employment is not renewed”; that appellant “failed to state a cause of action in ‘ordinary mandamus’ because he has not alleged facts sufficient to show that respondents are under a mandatory duty to grant him tenure”; that respondents have “broad discretion ... on determinations of general teaching capabilities and suitabilities” which court decisions have consistently upheld; that “[t]he only right that such probationary employee has is the right to not be denied…