Webster

This appeal requires us to consider the California State University system’s (hereafter trustees or respondent) administrative procedures for terminating the employment of tenured faculty members who are more than 70 years old. We also consider the appropriate standard of review of the administrative decision under mandamus petition to the superior court.

Facts and Procedural History

Appellant John A. Webster (appellant) became a professor in the criminology department at California State University, Bakersfield, in 1974. He subsequently received tenure and full professor rank. In 1988, he turned 70 years old.

The trustees’ regulations provide that a tenured professor who reaches 70 years of age shall have the right to continue teaching only if, upon the professor’s timely request, he is certified annually by the president of the particular university. (Cal. Code Regs., tit. 5, §§ 43660, 43661.) Such certification “shall be granted to the tenured faculty member whose job performance is standard or above.” (§ 43663, subd. (d).)

Appellant was certified for each of the first two years after reaching age seventy. The second year’s certification mentioned several…