Howard B. Burdeau v. Trustees of the California State Colleges

This appeal is by Howard B. Burdeau, a non-tenured assistant professor at California State College, San Bernardino, from an opinion and order of the District Court dismissing without leave to amend the action he had filed resisting the failure of the school to rehire him.

Appellant was a probationary assistant professor with a one-year appointment for the 1970-71 academic year. That was his first year of employment. Appellant would not have been eligible for tenure until the passage of four years of service with successive annual reap-pointments. On February 19, 1971, appellant was informed by appellee, John M. Pfau, President of the College, that he would not be reemployed. The letter gave no reason for the action.

Pursuant to California statute (California Education Code § 24201), the Trustees have the power to provide by rule for the government of their appointees and employees, including reappointment of non-tenured academic employees. California State College, San Bernardino, has formulated procedures which include a consultative process for rehiring of professors. In accord with this process President Pfau obtained the evaluations and recommendations of the…