MacDonald
MacDonald v. San Diego State University
Opinion
Opinion
Cologne, J.
Both sides appeal the superior court's judgment under Code of Civil Procedure section 1280 et seq. correcting and confirming an arbitration award. Essentially the judgment deletes from the arbitration award any monetary sum and otherwise confirms the award in its entirety.
Between 1970 and 1975, Gretchen MacDonald (then Gretchen Crafts, Ph.D.) held the position of acting director of the study skills center at San Diego State University (SDSU). A search committee looking for a permanent director of the center considered some 150 applications from across the nation, had five on-campus interviews and recommended three persons for the directorship to the dean. MacDonald, one of the three finalists, was not recommended by the dean to the SDSU president who appointed someone else.
MacDonald filed a grievance and a faculty hearing (grievance) committee was formed in accordance with Education Code section 89542.5 and Executive Order No. 240 of the California State University and Colleges Chancellor. The committee heard 54 hours of testimony and considered numerous documents before submitting its recommendation to the SDSU president on December 6, 1977. By January 5, 1978, the…