Parnes

*833 Opinion

This matter comes to us with directions from the Supreme Court to issue an alternative writ of mandate. Petitioners are three former faculty members of the California State University, San Jose, who are plaintiffs in two consolidated actions brought against real parties, defendants in the actions. In their complaints, petitioners allege that they were denied tenure and/or retention in retaliation for exercising protected First Amendment rights, i.e., for opposing the election of their department chairman. Petitioners seek mandate after the trial court denied a motion to reconsider its prior orders denying their motions for discovery and to compel answers to questions propounded at a deposition. Petitioners contend that the trial court has violated the principles enunciated in Shepherd v. Superior Court (1976) 17 Cal.3d 107 [ 130 Cal.Rptr. 257 , 550 P.2d 161 ]. We issued an alternative writ to consider petitioners’ contentions, and we agree that the matter must be remanded to the trial court to comply with the principles of Shepherd .

Petitioners, in their motions, sought to discover documents submitted to an academic senate committee which conducted an investigation…