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Walker v. Board of Regents of the University System of Georgia2/22/2002
Melvin E. Walker, Jr., Ph.D. brought this action against his employer, the Board of Regents of the University System of Georgia d/b/a Fort Valley State University. He appeals from the trial court's grant of summary judgment to Fort Valley and the denial of his cross-motion for summary judgment. Walker contends that Fort Valley breached a written or oral employment contract when he was not reappointed to the position as Director of the Agricultural Research Station and was offered only a nine-month academic year contract instead of a twelve-month fiscal year contract as in the past. Because we find the trial court correctly concluded that the university breached no contract, we affirm the judgment.
Walker's employment at the university's College of Agriculture began in 1973. From 1973 to 1998, he was employed under yearly twelve- month fiscal year contracts. Under those contracts, Walker was classified as having both teaching and administrative or research responsibilities. He also served for a time as Dean of the College of Agriculture, as Director of the Agricultural Research Station, and as Acting President of the college.
In 1994, a female professor in the College of Agriculture informed the university's president, Dr. Oscar Prater, that she and other faculty members were being treated unfairly and sexually harassed by Walker. She subsequently filed suit in federal court against the Board of Regents, the university, and Walker, alleging gender discrimination and sexual harassment. Walker was dismissed from the suit as an improper party, and the suit was later settled, with the board paying the plaintiff $50,000.
Dr. Stephen Portch, the Chancellor of the Board of Regents, notified President Prater of the settlement, instructing him that under other terms of the settlement, Walker was "to have no supervisory authority over [the plaintiff] for the duration of her employment at the institution, and that he to refrain from making disparaging remarks about" her. Chancellor Portch also requested that President Prater "investigate the facts of this case thoroughly and take appropriate management actions, including those that insure that there is no further liability to the institution from actions or comments by Dr. Walker," and that he report to him the actions taken.
President Prater forwarded Chancellor Portch's letter to Dr. Josephine Davis, the College's Vice President for Academic Affairs, for investigation. With President Prater's approval, Dr. Davis then informed Walker that he was being removed from his positions as Dean and as Director of the Research Station. Instead of a twelve-month fiscal year contract, he was offered a nine-month academic contract. Although the pay rate was the same, because he was only paid for nine months his total salary was $78, 324.00, whereas in the previous year his contract called for a salary of $100,811.00.
Walker tried several times to have the Board of Regents review this action, but the board refused. Walker eventually signed the contract presented to him, reserving any appeal rights. After giving the board ante litem notice, Walker filed this action.
1. Walker contends the trial court erred in granting summary judgment to the defendants because genuine issues of material fact exist as to whether the board breached its own policies and bylaws, which were incorporated into the employment contract. One such policy is Section 803.1402 (c) of the board's policy manual, which states:
When a fiscal year administrative employee returns to an academic appointment as a faculty member, the salary shall be determined on the same basis as other faculty members with the similar rank and experien
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