6th Circuit Court of Appeals Declines to Find Tenure Rights in Professor’s Rolling One-Year Contract
After Thomas M. Cooley Law School (“Cooley”) terminated her employment as a professor, Lynn Branham sued for damages, claiming her contract gave her tenure. She appealed after a federal district court denied her damages claim. The Sixth Circuit held that although Branham’s contract “refer[red] to the concept of tenure” it did not define tenure as a right of continuous employment. To the contrary, the contract “expressly limit[ed] its term to a single year.” The court reasoned that “[w]hile Branham may have had ‘tenure’ in the sense that she had academic freedom, and that she and Cooley generally expected that they would enter a new employment contract in subsequent years,” nothing in the contract “provide[d] for a term of employment greater than one year.” As a result, the court held Branham was due no more employment protection and process than that specified in her contract.
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