Agosto

David Jay Agosto appeals a judgment denying his petition for a writ of mandate directing the Board of Trustees of the Grossmont-Cuyamaca Community College District (District) to reinstate him to his former position of vice-president of Cuyamaca College and pay him backpay. On appeal, Agosto contends the trial court erred by (1) denying his request for reinstatement because he has statutory and property rights to his former position as a community college administrator; (2) denying his request for reinstatement while inconsistently awarding him partial backpay; (3) denying his request for reinstatement based on its alternative finding he was unable to work as an administrator because of his disability, (4) finding he waived his right to reinstatement; and (5) excluding certain evidence.

FACTUAL AND PROCEDURAL BACKGROUND

In March 1995, District and Agosto entered into a contract pursuant to which he was employed as “Executive Dean, Student Services” for a two-year term from March 27, 1995, through March 27, 1997. That contract provided: “6. Reassignment. HO In the event that this contract of employment is not renewed for the ensuing school year by the District, [Agosto]…