December 21, 2023

Campbell v. Career Development Institute, Inc.

Defendant dismissed plaintiff from its vocational nursing program. Plaintiff brought a writ petition under Code of Civil Procedure section 1094.5 on grounds that defendant was required to hold a hearing before the dismissal. The trial court denied the petition because the defendant’s own policies did not require it to hold a hearing.

The Court of Appeal vacated the judgment and remanded in light of the recent decision in Boermeester v. Carry (2023) 15 Cal.5th 72, where for the first time, the California Supreme Court applied the fair procedure doctrine and section 1094.5 to a private university’s decision to expel a student. Under Boermeester, the fair procedure doctrine requires private organizations to provide a meaningful opportunity to be heard. However, the Supreme Court did not specify whether and under what circumstances a private university may refrain from providing an accused student with a hearing. The Court of Appeal therefore ordered the trial court to determine whether the fair procedure doctrine applies to plaintiff’s dismissal, and if it applies, whether defendant was required to hold a hearing and, if so, whether defendant did in fact provide a sufficient hearing before the dismissal.