Decision A501H – Regents of the University of California (San Francisco)


Decision Date: February 27, 2023

Decision Type: Administrative Appeal (Non-Precedential)

Description: Stephen Malloy appealed the Board’s decision Regents of the University of California (San Francisco) (2022) PERB Order No. Ad-499-H (non‑precedential). In that decision, the Board found that Malloy is a qualified individual with a disability, but affirmed the denial of his requests for PERB to appoint counsel to represent Malloy and to insulate Malloy from providing testimony. In that decision the Board also affirmed a prior denial of Malloy’s request for a stay of activity at all levels of PERB.

Disposition: Malloy’s “Exceptions” were procedurally premature because a proposed decision has not yet issued based on a developed factual record. For the same reason, the Board explained that even if the filing was a request for reconsideration, such a request would also be procedurally improper. However, because Malloy is currently seeking immediate review of Regents of the University of California (San Francisco), supra, PERB Order No. Ad-499-H (non‑precedential) in the California Court of Appeal, the Board placed this case in abeyance pending resolution of the appellate litigation.

Perc Vol: 47
Perc Index: 126

Decision Headnotes

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