Farahani

In this case we hold that Education Code section 87485 (undesignated statutory references are to the Education Code) renders “null and void” the “last chance agreement” (Agreement) under which community college faculty member Sam H. Farahani waived his statutory due process rights relating to faculty discipline. The San Diego Community College District (District) terminated Farahani after he allegedly violated his Agreement with the District. The trial court granted Farahani’s petition for writ of mandate (Code Civ. Proc., § 1085), ruling that the Agreement violated the Education Code and Farahani’s due process rights. The court issued a peremptory writ of mandate under Code of Civil Procedure section 1085 directing the District to (1) reinstate Farahani with full backpay, interest and benefits and (2) require its governing board to determine whether Farahani should be terminated, “all in compliance with the requirements of the Education Code, including appropriate notice and opportunity to be heard.” The District appeals.

In addition to concluding that Farahani’s purported waiver of the right to a hearing in the Agreement and attached general and special release and…