Perez

Perez v. Hastings College of Law

Bad Law
1996 Cal. App. LEXIS 447·45 Cal. App. 4th 453·53 Cal. Rptr. 2d 1·96 Daily Journal DAR 5508·96 Cal. Daily Op. Serv. 3393
Court of Appeal of CaliforniaApril 16, 1996A072303California2,011 words

Opinion

Opinion

Haning, J.

Appellants Hastings College of the Law, Hastings College of the Law Board of Directors, Regents of the University of California, and Dean Mary Kay Kane appeal a preliminary injunction compelling the readmission of respondent Jonathan D. Perez as a student, following appellant’s refusal to readmit respondent because of unsatisfactory academic performance.

Background

Appellant is a public law school affiliated with the University of California. (See, e.g., Tafoya v. Hastings College (1987) 191 Cal.App.3d 437 [ 236 Cal.Rptr. 395 ].) Appellant requires its students to maintain a minimum 2.0 cumulative grade point average (GPA), and its academic regulations provide that a student with a GPA of less than 1.8 at the end of the first year “shall be excluded from the college.” A student who fails to meet the academic standards may petition for readmission, but in order to gain readmission must convince appellant that “he or she is capable of successful completion of the curriculum.” The petition for readmission is heard by the Committee on Disqualified Students (the committee), which is authorized to impose conditions of readmission as it deems appropriate, and whose decision is…

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