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Chang v. Regents of University of California

Citations: 135 Cal. App. 3d 88; 185 Cal. Rptr. 167; 1982 Cal. App. LEXIS 1883Docket: Civ. 48821

Court: California Court of Appeal; August 17, 1982; California; State Appellate Court

Narrative Opinion Summary

The case involves a former assistant professor at the University of California, Davis, who appealed a judgment denying him a due process right to a hearing after his tenure was rejected. The Regents of the University of California, with constitutional authority, were found not to be estopped from denying tenure. The tenure process involved recommendations from department chairs, a review by an academic senate committee, and a final decision by the chancellor. Despite the appellant's commendable work and departmental support, the academic senate committee and the chancellor denied tenure. The appellant's request for a hearing and access to evaluation information was refused, and he argued that this process constituted a property right, warranting a due process hearing, citing Perry v. Sindermann. However, the court relied on Board of Regents v. Roth, concluding that non-tenured faculty lack a property interest demanding a hearing for contract non-renewal. The appellant's estoppel argument failed due to a lack of misleading representations by the university. The court upheld the judgment for the respondents, affirming the university's procedural correctness and denying further hearings, with Judge Newman absent and Chief Justice Bird dissenting on the Supreme Court petition denial.

Legal Issues Addressed

Due Process Rights in Tenure Denial

Application: The court ruled that non-tenured faculty members do not have a due process right to a hearing upon denial of tenure, as no property interest is implicated.

Reasoning: The court confirmed that the Regents of the University of California and associated officials were not estopped from denying tenure.

Estoppel in Tenure Decisions

Application: Arguments that the university is estopped from denying tenure based on misleading representations were rejected due to lack of evidence of reliance on any such representations.

Reasoning: The appellant's claim that the university is estopped from asserting he did not meet tenure criteria is unsupported, as no authorized university representative made any misleading representations that the appellant relied upon.

Judicial Review of Academic Decisions

Application: The court found the university’s denial of tenure appropriate based on existing procedures, reinforcing the limited judicial review over academic tenure decisions.

Reasoning: The judgment for the respondents was deemed appropriate and affirmed, with concurrence from judges Caldecott and Rattigan.

Procedural Formality in Tenure Process

Application: The university's adherence to its formal tenure procedures was deemed sufficient to negate any due process claims by the appellant.

Reasoning: Although the appellant aspired to obtain tenure, the university followed its formal tenure procedures properly, negating any due process right to a hearing.

Property Interest in Employment

Application: The decision affirmed that a non-tenured faculty member does not possess a property interest in their position that would necessitate a hearing upon contract non-renewal.

Reasoning: In Board of Regents v. Roth (1972), the court determined that a non-tenured university faculty member lacked a property interest that would necessitate a hearing upon the non-renewal of their contract.