Kakaes v. George Washington University

790 A.2d 581 (D.C. Cir. 2002)

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Nature of the Case

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Facts

P works for D as a professor. Section IV.A.3.1.c of the D's Faculty Code, which constitutes the contract between the parties, provides that a faculty member of the rank of assistant professor or higher who will not be granted tenure at the end of the final year of his or her maximum term of appointment shall be so notified in writing no later than June 30 preceding the year in which his appointment will expire. . . . Any such faculty member who is not so notified shall acquire tenure at the end of the term. On June 28, 1993, D wrote a letter to P, advising him that 'you will not be granted tenure at the conclusion of your current appointment.' In the same letter, D advised P: 'The President and I are in the process of transmitting the report of the Executive Committee to the Board of Trustees for its consideration. You will be notified of the outcome as soon as possible.' In a separate letter, Vice President French wrote that the question of his ultimate tenuring or termination remains to be resolved. On October 22, 1993, P brought suit for breach of contract, alleging that he had not been provided the timely notice required by the Faculty Code of the decision to deny him tenure. D motioned for summary judgment, claiming that French's letter of June 28, 1993, constituted the notice contemplated in the Faculty Code. The judge granted the motion. On appeal, the court reversed, holding that an impartial trier of fact could reasonably find that the University had not complied with the Faculty Code, and that summary judgment was not warranted. A different trial judge found that the University had breached its contract, but she declined to order D to grant P tenure but did award damages. P appealed.