Opinion

Alan McConnell v. Howard University

  • 818 F.2d 58
  • 260 U.S. App. D.C. 192
  • 1987 U.S. App. LEXIS 5852
Court
Court of Appeals for the D.C. Circuit
Filed
May 5, 1987
Status
Published
Author
Buckley
On the bench
Edwards, Silberman, Buckley
Cited by
33 cases

holding that professor was improperly dismissed because university did not adhere to standards and procedures required by faculty manual for such action

How later courts described this case

  • holding that professor was improperly dismissed because university did not adhere to standards and procedures required by faculty manual for such action
  • failure to transmit report of Grievance Committee to Board, as required by Faculty Code, would constitute violation of contract
  • preponderance of the evidence applies in determining "cause" for dismissal in breach of contract claim
  • refusing to interpret a tenured professor’s employment contract in a way that would “render[ ] tenure a virtual nullity”

Written by the judges who cited it.

The opinion

BUCKLEY, Circuit Judge,

concurring:

I concur because I am satisfied that the reference to prevailing academic principles in footnote 11 is informational only. Whatever the practices elsewhere in the United States, it remains clear that Dr. McConnell’s rights are to be determined solely on the basis of what he and Howard University agreed were to be the terms of his employment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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