AFT Local 2121 et al. v. Accrediting Commission for Community and Junior Colleges et al.; People of the State of California ex rel. Dennis Herrera v. Accrediting Commission for Community and Junior Colleges et al.
Published: Jan. 18, 2014 | Result Date: Jan. 2, 2014 | Filing Date: Jan. 1, 1900 |Case number: CGC-13-534447; CGC-13-533694 Bench Decision – Preliminary Injunction in part
Facts
Two related cases were filed against the Accrediting Commission for Community and Junior Colleges concerning its decision to terminate the accreditation of the City College of San Francisco effective on July 31, 2014.
The City Attorney of San Francisco on behalf of the People of California filed one lawsuit, while teachers, students, and unions filed the other on behalf of a putative class or classes. AFT Local 2121, the faculty union at City College of San Francisco, was named as plaintiff in the second lawsuit.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the Commission has committed unfair and unlawful practices in violation of California's Unfair Competition Law. The faculty union also contended that it was or would be harmed by the loss of accreditation. Plaintiffs each filed a motion for preliminary injunction.
The City Attorney alleged nine unlawful or unfair business acts or practices. They include the Commission's failure to include sufficient academic personnel on evaluation teams, failure to implement clear and efficient controls against conflicts of interest or the appearance thereof, failure to provide detailed written report that clearly identifies any deficiencies, and applying accreditation standard that was contrary to the "open access" mission set forth in California legislative declarations. The other five unfair business practices claims mainly dealt with political issues.
DEFENDANT'S CONTENTIONS:
The Commission filed an anti-SLAPP motion to strike against AFT. It also filed a motion to stay or abstain against the City Attorney, arguing, among others, that the matter was not yet ripe given that its decision to strip the college of accreditation was not yet final
Result
Superior Court Judge Curtis E.A. Karnow granted in part, and denied in part the City Attorney's motion for a preliminary injunction. The preliminary injunction was granted solely to the extent of enjoining the Commission from terminating the College's accreditation until there is a final judgment in the City Attorney's case. However, the court denied AFT's motion for a preliminary injunction. The court likewise denied the Commission's anti-SLAPP, abstention, and stay motions.
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