Irvine Valley College Academic Senate v. Board of Trustees

The Academic Senates of Irvine Valley College and Saddleback College (the Senates or appellants) appeal from the denial of a writ of mandate in favor of the Board of Trustees of the South Orange County Community College District (the Trustees) and Chancellor Raghu P. Mathur (collectively respondents). The dispute relates to the interpretation of Education Code section 87360 governing the process by which faculty hiring procedures are developed. We agree with appellants that the trial court incorrectly interpreted the relevant statute. We therefore reverse the judgment and remand for further proceedings consistent with this opinion.

I

FACTS

Irvine Valley College and Saddleback College are the two colleges in the South Orange County Community College District (the District). The Senates represent the faculty with respect to academic and administrative matters. (See Cal. Code Regs., tit. 5, § 53200, subd. (b).) The Trustees are the governing board of the District, responsible for maintaining and operating the colleges according to the law. (Ed. Code, § 70902.)

In April 2003, appellants sought a writ of mandate against respondents pursuant to Code of Civil Procedure…