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Lovell v. Ohio Wesleyan University

970 N.E.2d 1163 (2012)

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Lovell v. Ohio Wesleyan University

Ohio Court of Appeals
970 N.E.2d 1163 (2012)

  • Written by Mike Begovic, JD

Facts

Alison Lovell (plaintiff) was hired as an assistant professor in the Department of Humanities and Classics at Ohio Wesleyan University (Ohio Wesleyan) (defendant). After three consecutive one-year terms, Lovell was evaluated for reappointment and, despite having high marks from students, was informed she would not be receiving a contract for the upcoming year. Ohio Wesleyan cited Lovell’s lack of collegiality as the main reason her reappointment was denied. Lovell had not participated in committees and objected to teacher observations. Lovell’s contract incorporated the faculty handbook (the handbook), which set out a list of criteria to be used and specified the weight each should be accorded. The criteria and proper weight to be accorded were: (1) teaching, 60 percent; (2) scholarship, 30 percent; and (3) service, 10 percent. After losing in the administrative-appeal process, Level sued Ohio Wesleyan for breach of contract, arguing that it improperly considered collegiality in her reappointment decision in violation of her contract. Ohio Wesleyan argued that collegiality, although not explicitly mentioned as a criterion, related to all three factors mentioned in the handbook. A trial court sided with Ohio Wesleyan, concluding that it could properly consider collegiality. Lovell appealed.

Rule of Law

Issue

Holding and Reasoning (Gwin, J.)

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