McGill

McGill v. Regents of University of California

Good Law
1996 Cal. App. LEXIS 412·44 Cal. App. 4th 1776·52 Cal. Rptr. 2d 466·96 Daily Journal DAR 5264·96 Cal. Daily Op. Serv. 3240
Court of Appeal of CaliforniaApril 4, 1996G014837California4,220 words

Opinion

Opinion

Wallin, J.

The Regents of the University of California appeal a judgment granting a writ of administrative mandamus (Code Civ. Proc., § 1094.5) directing the Chancellor of the University of California at Irvine (collectively the University) to set aside a decision to deny tenure to mathematics professor Paul McGill. The University contends substantial evidence supports its decision and issuance of the writ was improper. We agree.

McGill received his Ph.D. in mathematics in Ireland in 1973 when he was 25 years old and held various academic posts throughout Europe. Well into his career, he specialized in probability studies. He was hired by the University in 1987 as an untenured assistant professor, step IV, of mathematics. In 1989, he was promoted to assistant professor, step V. During that same academic year a tenure review was begun, but suspended. In the University’s faculty system, an untenured professor is appointed for two years at a time and may serve at most for eight years. If the professor is not granted tenure, he or she is given a “non-reappointment" and allowed to remain for one final year before leaving the University.

Tenure Review

A second tenure review of McGill…

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