The university’s employee handbook requires the employee to “initiate,” a pre-tenure evaluation near the end of the employee’s second full year, though the court said the method for doing so is not specified. The evaluation was not carried out with Kuba.
A formal review for tenure, again initiated by the employee, must begin by Dec. 1 of the employee’s fifth full academic year. When the school rejected Kuba’s candidacy for tenure, he sued, claiming breach of contract and seeking reinstatement as a tenure track employee.
The district court ruled against him, saying he failed to seek the pre-tenure evaluation and that acceptance of the university appeals committee recommendation, which had suggested extending his deadline for tenure, was not guaranteed.
The appeals court agreed.
“Kuba was unable to produce any credible evidence William Penn failed to fully comply with any specific provision or requirement of the employment contract,” the court ruled. “Absence such proof, there is no breach of contract.”