Database Search Result Details
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First Name
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John
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Last Name
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Rakus
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Decision Date
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6/10/2020
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Docket Number
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2019-1637-MU
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ALJ
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WBM
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Respondent
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Marshall University
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Employment Type
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HE
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Job Title
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Assistant Professor
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Topics
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Tenure
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Primary Issues
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Whether Respondent’s decision to deny Grievant tenure was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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Related Cases
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Hart v. Bd. of Directors, Docket No. 95-BOD-198 (Mar.6, 1996); Finver v. Bd. of Trustees, Docket No. 97-BOT-271 (Oct. 15, 1997);
McCoy v. W. Va. State Univ., Docket No. 2017-2137-WVSU (Jan. 10, 2020); Harrison v. W. Va. Bd. of Directors, Docket No. 93-BOD-400 (April 11, 1995); Elfenbein v. Higher Education Interim Governing Board/WVU., Docket No. 00-HE-393 (Jan. 31, 2003)
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Keywords
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Tenure; Applications; Qualifications; Policy; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant’s application for tenure was denied because he had not published a paper resulting from his research in a peer-reviewed journal prior to his application for tenure. Grievant points out that he presented at national meetings and was successful in receiving significant grants to support his research. He argues that it is arbitrary and capricious to deny him tenure based upon one criterion, especially since he had submitted a paper to a journal that had not yet been accepted for publication.
Respondent demonstrated that the criteria used for granting tenure had been consistently applied by the department for decades and were academically sound. Respondent gave Grievant notice and reminders of the criteria during his probationary period. Grievant did not prove that the decision to deny him tenure was arbitrary and capricious.
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