Wells v. Board of Regents of Murray State University, 75-1985
| Decision Date | 11 January 1977 |
| Docket Number | No. 75-1985,75-1985 |
| Citation | 545 F.2d 15 |
| Parties | John A. WELLS et al., Plaintiffs-Appellants, v. BOARD OF REGENTS OF the MURRAY STATE UNIVERSITY et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Arthur L. Brooks, Brooks, Sullivan & Saunders, Lexington, Ky., John J. Slattery, Jr., Louisville, Ky., Michael H. Gottesman, Bredhoff, Cushman, Gottesman & Cohen, Washington, D. C., for plaintiffs-appellants.
James O. Overby, Murray, Ky., Joseph J. Leary, Frankfort, Ky., for defendants-appellees.
Before EDWARDS, McCREE and LIVELY, Circuit Judges.
This is an appeal by eleven former members of the faculty of Murray State University (MSU) from summary judgment dismissing their action against MSU for a declaratory judgment, injunctive relief and damages. In their complaint the plaintiffs charged that MSU had denied them due process of law as guaranteed by the Fourteenth Amendment in failing and refusing to provide them with hearings and reasons for the decision of the University not to renew their teaching contracts.
In his opinion and order on motions for summary judgment the District Judge quoted from the MSU statements of tenure policy adopted in 1949 and 1969, and noted that these policies had been adopted under authority of the following sections of Kentucky Revised Statutes:
164.360. Appointment and removal of president, faculty and employes.
(1) Each board of regents may appoint a president, and on the recommendation of the president may, in its discretion, appoint all faculty members and employes and fix their compensation and tenure of service, subject to the provisions of subsection (2) of this section.
(2) No person shall be employed for a longer period than four (4) years. No person shall be employed who is related to any member of the board of regents as father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, sister-in-law or daughter-in-law, except that upon written recommendation of the president of the university or college, one (1) such relative of each member of the board or regents may be appointed upon confirmation by the other three (3) appointed members.
(3) Each board may remove the president of the university or college, and upon the recommendation of the president may remove any faculty member or employe, but no president or faculty member shall be removed except for incompetency, neglect of or refusal to perform his duty, or for immoral conduct. A president or faculty member shall not be removed until after ten (10) days' notice in writing, stating the nature of the charges preferred, and after an opportunity has been given him to make defense before the board by counsel or otherwise and to introduce testimony which shall be heard and determined by the board. Charges against a president shall be preferred by the chairman of the board upon written information furnished to him, and charges against a faculty member shall be preferred in writing by the president unless the offense is committed in his presence.
164.365. Governing boards of institutions to have exclusive control of employment, tenure and official relations of employes.
Anything in any statute of the commonwealth to the contrary notwithstanding, the power over and control of appointments, qualifications, salaries and compensation payable out of the state treasury or otherwise, promotions, and official relations of all employes of Eastern Kentucky State University, Western Kentucky State University, Murray State University, and Morehead State University, as provided in KRS 164.350 and 164.360, and of Kentucky State College, shall be under the exclusive jurisdiction of the respective governing boards of each of the institutions named.
The 1949 tenure policy provided tenure for professors and associate professors after a probationary period of employment not exceeding three years. On the other hand, while characterized by the plaintiffs as an "up or out" policy, the 1969 tenure policy of MSU in fact required individual selection as a "deliberate and thoroughly considered act" and provided that "(t)enure may be granted only by formal action of the Board of Regents of Murray State University upon the recommendation of the President." It is undisputed that none of the plaintiffs had acquired tenure under the 1949 policy, though seven had more than three years service at faculty ranks below associate professor under that policy, and that none had been granted tenure under the 1969 policy.
The district court found that each plaintiff was given a full year's notice of non-renewal and that "(n)either the 1969 tenure policy nor the Administrative Procedures relating thereto provided for a statement of reasons for non-renewal of the contract of a non-tenured faculty member, nor did either provide for a hearing."
Property interests are not created by the Constitution, Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972). The district court properly looked to the Kentucky statutes and existing tenure rules of MSU to determine whether the plaintiffs have property interests which are entitled to the protection of procedural due process. The applicable statutes confer exclusive jurisdiction upon the governing board of MSU to determine the "official relations" of all University employees, including the authority to fix tenure of faculty members. The Murray Board of...
To continue reading
Request your trial
-
Walker v. Hughes
...the statutory grant of authority to the prison officials. This analogy is strengthened by this Court's decision in Wells v. Board of Regents, 545 F.2d 15 (6th Cir. 1976). As in Perry, Wells concerned an alleged property interest to tenured professorships, but the relationship between the un......
-
An-Ti Chai v. Michigan Technological University
...property interest in employment as head of the Physics Department. See, Board of Regents v. Roth, supra; Wells v. Murray State University, 545 F.2d 15 (6th Cir. 1976). While an employee may have a subjective belief that his employment is permanent, no "property interest" exists unless the s......
-
Hines v. Board of Ed. of Covington, Ky.
...Board of Education, 540 F.2d 222 (6th Cir. 1976). See also Plummer v. Board of Regents, 552 F.2d 716 (6th Cir. 1977); Wells v. Board of Regents, 545 F.2d 15 (6th Cir. 1976). One court has said quite clearly that, in these cases where non-tenured teachers are seeking review of non-renewal "T......
-
Paskvan v. City of Cleveland Civil Service Com'n
...v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972); Walker v. Hughes, 558 F.2d 1247, 1253 (6th Cir.1977); Wells v. Board of Regents, 545 F.2d 15 (6th Cir.1976); Christian v. Belcher, 888 F.2d 410 (6th Cir.1989). While the policy Paskvan argues may be quite difficult to prove, we as......