Davenport

Plaintiff and appellant Robert R. Davenport appeals from the judgment denying his petition for a writ of administrative mandamus (Code Civ. Proc., 1094.5) to review the decision of defendant and respondent California Unemployment Insurance Appeals Board (CUIAB or Board) which denied Davenport unemployment insurance compensation.

Davenport was a student at the University of Southern California. He was employed by the university as a student worker, a job position open only to students. After losing this job, he was denied unemployment compensation on the ground that this job was exempted from covered employment by Unemployment Insurance Code section 642. That section provides in pertinent part: “ ‘Employment’ does not include service performed in the employ of a school, college, or university, if such service is performed: H] (a) By a student who is enrolled and is regularly attending classes at such school, college, or university . . . .”

A regulation of the Director of Employment Development interprets this statute and provides in pertinent part: “An employee who performs service for the school, college, or university as an incident to, and for the purpose of pursuing…