Bason v. American University,, 13653.

• Decision Date: 24 April 1980
• Docket Number: No. 13653.,13653.
• Parties: George F. BASON, Jr., Appellant, v. The AMERICAN UNIVERSITY, Appellee.
• Court: D.C. Court of Appeals

414 A.2d 522

George F. BASON, Jr., Appellant, v. The AMERICAN UNIVERSITY, Appellee.

No. 13653.

District of Columbia Court of Appeals.

Argued February 26, 1980.

Decided April 24, 1980.

Thomas Penfield Jackson, Washington, D. C., for appellant.

Richard W. Galiher, Jr., Washington, D. C., with whom Anthony C. Morella, Washington, D. C., was on brief, for appellee.

Before GALLAGHER, HARRIS and MACK, Associate Judges.

PER CURIAM:

This case comes to us because the defendant's motion for summary judgment was granted. The appellant, a former law faculty member, sued American University for breach of his employment contract. He strenuously asserts that genuine issues of material fact remain, making disposition by summary judgment improper. We agree.

In reviewing the award of summary judgment, we must examine the record in the light most favorable to Bason, the nonmoving party. Adickes v. S. H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Burch v. Amsterdam Corp., D.C. App., 366 A.2d 1079 (1976).

Appellant was first hired as an assistant professor of law in 1966. At that time he entered into a standard one-year contract. The parties agree that both this and all ensuing contracts incorporated the Manual of Information and Procedures, "Fulltime Faculty Personnel Policies" (Faculty Manual). Because Bason was hired as an untenured teacher, the first six years of his employment were to be a time for assessment of his potential for appointment to a tenured position. An untenured teacher's employment contract expired annually unless renewed. During the fifth year, a final evaluation was to be performed resulting either in a terminal one-year contract, or recommendation of appointment to tenure.

Each of the University's printed forms by which Bason was reappointed included a section entitled "Tenure Status." The University's signatory was to specify the additional years of service required for tenure and any "Other Requirements (be specific)." The Faculty Manual also set forth several aspects of the pretenure period upon which Bason relied. 1) It described this period as a time during which "both the faculty member and the University may determine whether or not a permanent association will be mutually advantageous." 2) It stated that responsible University officers "[are expected] . . . to keep each faculty member informed during the period of pretenure service as to whether or not a recommendation for an appointment with tenure will be made at the appropriate time." 3) It specified four general criteria by which faculty members should be evaluated, both for yearly renewal and for tenure: a) educational and professional background; b) quality of teaching; c) professional growth; and d) contributions to the advancement of the objectives of the University.

Appellant's contract was renewed in 1967 and 1968; the 1969 renewal included a promotion to associate professor. All of these reappointments were accompanied by favorable comments regarding his performance. All agree that Bason made significant contributions to the law school during his pretenure service. In the fall of 1970, the Faculty Rank and Tenure Committee met to consider appellant's candidacy for a tenured appointment. The Committee voted not to recommend tenure, but to offer instead a one-year terminal contract. No reasons for this decision were formally communicated to appellant. Informally, Bason said he was told it was because he devoted too much time to clinical work, and had been late in submitting course grades. Upon inquiry, members of the Committee denied that these were the reasons. The Committee met again to allow Bason to plead his case, but did not alter its decision.

After discussions with a few members of the Committee, Bason believed the matter of his tenure would be reconsidered by the faculty the following fall. Accordingly he accepted "under protest" the terminal appointment for the 1971-72 academic year. That fall, the Committee voted not to reconsider the matter of Bason's tenure. His employment with appellee ended June 30, 1972.

In November 1973, Bason commenced this action. His amended complaint charged that American University breached his employment contract (incorporating the Faculty Manual and University customs and practices) 1) in that it failed to notify him during his first five years of service of any deficiencies in his performance; 2) that it did not evaluate his tenure candidacy on the basis of the Faculty Manual's criteria; 3) that the Faculty Rank and Tenure Committee acted arbitrarily, capriciously and not in good faith in considering his candidacy; and 4) that the Rank and Tenure Committee refused to reconsider the matter, as had been promised. He asserted he had a contract right to be evaluated and informed of his progress towards tenure and that tenure would not be denied arbitrarily or in bad faith; that he relied on the absence of criticism to his detriment; that he had a right to have had the adverse tenure decision reconsidered. In this appeal, Bason states emphatically that he is not asserting a contract right to tenure, but rather to be evaluated under the published criteria and given notice of claimed deficiencies. His complaint seeks damages only.

The University argues that it did not in any way violate the applicable rules and regulations in handling Bason's case. Bason had no right to tenure, and he was denied recommendation because of deficiencies in his qualifications and performance. It points to supporting depositions and...