Sunday, February 11, 2007

What is the meaning of "right to first consideration"?


Gensler's notorious Avenger of Blood

I FINALLY HAD A CHANCE to read the entirety of the Appellete Court's recent (1/30/07) DECISION to uphold the OC Superior Court's rejection of instructor HOWARD GENSLER's writ. Gensler, acting as his own attorney, sought to have the courts override a decision by his dean (Pat Flanigan) not to grant him six summer courses (2006). The Superior court rejected Gensler's claim. A few days ago, the appellate court upheld that decision unanimously.

For those interested in the rights of full-time and part-time faculty with regard to course assignments, the court's decision makes for interesting reading. Here's the crucial paragraph:
At bottom, Gensler confuses the right of full-time faculty to first consideration in selecting courses with a right of first refusal, which does not exist. And he also overlooks the Dean’s right to decide the appropriate workload for faculty members. The evidence shows Gensler’s course requests were fairly considered before any courses were given to part-time faculty, and the Dean’s decision to give him only three classes was reasonable, so no basis is shown for issuing a writ of mandate.
See also: The Howard Hilton

Roy's obituary in LA Times and Register: "we were lucky to have you while we did"

  This ran in the Sunday December 24, 2023 edition of the Los Angeles Times and the Orange County Register : July 14, 1955 - November 20, 2...