Perkins

OPINION AND ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE

This case came on as a motion by the Defendants to dismiss Mrs. Perkins’ complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted. A hearing occurred on January 14, 1973. At this time the Court grants the Defendants’ motion to dismiss, but without prejudice.

We have here another in the mounting number of employment cases that are being filed in the Federal Courts. Seven years ago Mrs. Jeanne Perkins was hired to teach in the UCLA French Department for the 1965-1966 academic year. Since then she has been continuously employed and has attained the rank of untenured Assistant Professor. In accordance with the University of California’s general practice, tenure decisions are made after a person has taught six years. Thus in October 1970, the Executive Committee of the French Department considered Mrs. Perkins’ qualifications and voted to recommend that she be advanced to Associate Professor, a tenured position. The Committee designated the French Department’s acting chairman, Marc Bensimon, to forward this recommendation to the Dean of UCLA’s…