# Wong v. OHLONE COLLEGE

> California Court of Appeal · March 28, 2006 · 40 Cal. Rptr. 3d 923

URL: https://www.frixlaw.com/law-library/cases/9746018

## Case

- **Full name:** STEVEN WONG, Plaintiff and Appellant, v. OHLONE COLLEGE Et Al., Defendants and Respondents
- **Court:** California Court of Appeal
- **Decided:** March 28, 2006
- **Citations:** 40 Cal. Rptr. 3d 923; 137 Cal. App. 4th 1379; 2006 Daily Journal DAR 3711; 2006 Cal. Daily Op. Serv. 2632; 2006 Cal. App. LEXIS 424
- **Precedential status:** Published
- **Opinion:** Concurrence by Pollak
- **Judges:** Parrilli, Pollak
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9746018

## Opinion text

POLLAK, J.
I concur in the reasoning and conclusion of the majority opinion. However, I would add an additional observation. Education Code section 87458 provides that a person satisfactorily employed for at least two years in an administrative position not part of the classified service who has not previously acquired tenured status “shall have the right to become a first-year probationary faculty member” (italics added) upon termination of the administrative assignment, if that person’s competency has been determined in a process that meets the requirements specified in the statute. The effect of this provision is to entitle the former administrator to be employed in the faculty *1386 position without satisfying minimum qualifications specified elsewhere. (See Ed. Code, §§ 87356, 87357, 87400; compare with Ed. Code, § 87359.) It is in this sense that the individual has the “right” to hold such a position. However, the fact that the individual is deemed qualified to hold a position does not mean that the board of governors must fill it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9746018. Public record. Not legal advice.