# Shepard v. Temple University

> Superior Court of Pennsylvania · May 5, 2008 · 2008 Pa. Super. 93

URL: https://www.frixlaw.com/law-library/cases/9758401

## Case

- **Full name:** Margaret P. SHEPARD, Appellant v. TEMPLE UNIVERSITY, Appellee
- **Court:** Superior Court of Pennsylvania
- **Decided:** May 5, 2008
- **Citations:** 2008 Pa. Super. 93; 948 A.2d 852; 27 I.E.R. Cas. (BNA) 1078; 2008 Pa. Super. LEXIS 991; 2008 WL 1932964
- **Precedential status:** Published
- **Opinion:** Concurrence by Klein
- **Judges:** Klein, Gantman, Allen
- **Cited by:** 33 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9758401

## How later opinions describe it (automated extraction)

- stating “Where the non-moving party bears the burden of proof on an issue, he may not merely rely on his pleadings or answers in order to survive summary judgment. Failure of a non-moving party to adduce sufficient evidence on an issue essential to his [or her] case and on whi…

## Opinion text

CONCURRING STATEMENT BY
KLEIN, J.:
¶ 1 I join in the result of the majority, and write separately merely to highlight a few of the principles applicable to this complicated situation.
¶ 2 1. The binding document in tenure determinations is the contract between the applicant and the university, usually a union contract. A faculty handbook does not override the underlying union contract when it comes to tenure decisions.
¶ 3 2. A university is not bound to follow the same tenure requirements that are in place when a faculty member takes employment in a tenure track position. The faculty member takes the risk that the requirements will change before he or she achieves tenure.
¶4 3. The mere fact that the department recommends tenure is not binding on the ultimate decision maker, in this case, the university president.
¶ 5 4. If the president makes the decision and there is an appeal procedure, that procedure must be followed. While there was some indication in this case that on appeal the president’s decision was not *859 supported, a review of the record shows that this was not the case.
¶ 6 Therefore, I fully agree with the decision of the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9758401. Public record. Not legal advice.