Court: Louisiana Court of Appeal; February 13, 1986; Louisiana; State Appellate Court
Loyola University appealed a district court judgment that recognized L. Mulry Tetlow as a tenured professor. The appellate court found the trial judge's conclusions erroneous, determining that Dr. Tetlow did not achieve tenure status. Dr. Tetlow's employment history includes two years as a full-time faculty member at St. Thomas University in Canada, followed by part-time employment at Loyola in 1978 and a full-time contract beginning January 1979 as a "visiting associate professor." However, his status did not meet the Faculty Handbook's criteria for "visiting professor." From 1979-1982, Dr. Tetlow served as an associate professor under new contracts each year, all consistent except for dates and salary. The 1982-83 academic year was noted as his final year, although the contract for that year is missing. A letter from Dr. Preston indicated that this contract would be the last. During the 1981-1982 academic year, Dr. Tetlow applied for tenure, but the recommendation from the Rank and Tenure Committee was rejected by University administration, including Dr. Preston and Fr. Carter. Dr. Tetlow believed he was entitled to automatic tenure after four years in residence, according to the Faculty Handbook, which stipulates that non-tenured associate professors may be granted tenure after two years, and automatically after four years. However, his time at St. Thomas did not count toward the four years required at Loyola. The court reversed the lower court's ruling, concluding that Dr. Tetlow did not automatically acquire tenure.
Dr. Tetlow's employment as a part-time faculty member during the summer and fall semesters of 1978 does not count toward tenure, as part-time faculty do not accrue tenure time according to the Faculty Handbook. For Dr. Tetlow to be considered for automatic tenure, he must complete at least four years as an Associate Professor, and he has three years in residence for the academic years 1979-1982. The relevant contract for the spring semester of 1979 identifies him as a "Visiting Associate Professor," a designation that impacts tenure eligibility. Dr. Tetlow contends he does not meet the definition of a visiting associate professor and therefore should be regarded as an associate professor for tenure purposes. However, the evidence indicates he does not satisfy this definition. Loyola asserts that the contract's designation must be upheld, meaning that the time covered by this contract does not count toward the required tenure period, as the Faculty Handbook states that time as a Visiting Professor does not accrue to tenure.
The legal principles governing contracts emphasize that agreements are binding and reflect the true intent of the parties based on clear and explicit language. A party who signs a contract is presumed to understand its terms and cannot evade its obligations without evidence of fraud or error, which is absent here. The contract's explicit designation of Dr. Tetlow as "Visiting Associate Professor" aligns with the Faculty Handbook, which clarifies that such designation does not count toward tenure. Despite Dr. Tetlow's claims regarding his qualifications, the contract remains valid, and he cannot contest its provisions after signing, as he is presumed to have understood its terms.
Dr. Tetlow held the position of visiting associate professor, as specified in his contract, which stated that his time in this role did not contribute towards tenure. He argued that a 'Revised Personnel Notification' from January 11, 1979, which granted him 'full-time status,' should count towards tenure. However, it was clarified that his designation as 'visiting' inherently precluded tenure accrual. Dr. Tetlow also posited that counting his two years at St. Thomas University towards tenure implied that his time under the 1979 contract should also count, but this was not necessarily true, especially given Dr. Preston’s indication that the contract was experimental to evaluate enrollment impacts.
Despite Dr. Tetlow's claims, it was ruled that time as a visiting associate professor does not count towards tenure and that his remaining employment period at Loyola was the 1982-1983 academic year. Although a copy of the contract for this year was not present, it was established that it was his fourth consecutive year as a full-time associate professor. Dr. Tetlow was informed by Dr. Preston in May 1982 that he would not receive tenure and that his 1982-1983 contract would be his last. The Faculty Handbook required Loyola to provide twelve months' notice before the expiration of a faculty member's appointment, which was fulfilled with Dr. Preston's letter.
Dr. Tetlow, having not been granted tenure after three years, was not entitled to the procedural rights associated with tenured faculty. The Faculty Handbook's provisions indicated that tenure is automatically conferred only after a fifth year of full-time employment. Since Dr. Tetlow's appointment was set to expire after four years, he did not acquire tenure, and the trial judge's conclusion to the contrary was deemed incorrect. Consequently, the judgment of the district court was reversed, and Dr. Tetlow's claims were dismissed, with costs assigned to him.
