Apte v. Regents of University of California

In Apte v. Regents of University of California (1988) 198 Cal.App.3d 1084, a university professor challenged a faculty vote terminating programs that had the incidental effect of eliminating his employment. Pursuant to university policies which had the status of statutes (ibid.), the matter was heard by a hearing committee which made factual findings and a recommendation (in favor of the professor) in a report to the chancellor, who made the actual decision. (Id. at p. 1092.) The chancellor rejected the committee's recommendation and upheld the faculty vote. (Id. at pp. 1088-1089.) Apte assumed the applicability of Universal Camera, supra, 340 U.S. 474. (Apte, supra, 198 Cal. App. 3d at p. 1091.) Apte said: "In this case, we face an unprecedented question concerning the relevance of the hearing committee's finding of fact to our review of the chancellor's decision. The University notes that the substantial evidence test must be applied to the decision of the chancellor, not to that of the hearing committee, and implies that the hearing committee report is irrelevant because the chancellor did not follow it. Apte counters by citing administrative law decisions holding that an administrative board which delegates the task of hearing testimony to a referee must ordinarily accept the findings of the referee on issues of witness credibility. The findings of the hearing committee are undoubtedly relevant to this appeal. First, the chancellor in effect incorporated those findings by reference in his decision by stating that he agreed 'in general with the factual findings of the Hearing Panel.' The decision presumably adopts the findings of the committee unless it states otherwise. Second, under the current substantial evidence test the reviewing court is required to review the entire record, including the hearing committee's report. Since the committee alone was in a position to evaluate the credibility of witnesses, its conclusions may be considered in weighing the probative value of the evidence." (Apte, supra, 198 Cal. App. 3d 1084, 1092.) Thus, Apte, involved (1) constitutionally conferred quasi-judicial powers, (2) an administrative procedure where the persons who heard the evidence did not make the decision but merely transmitted a proposed decision to the decision maker, and (3) rejection of the proposed decision by the decision maker.