Lill v. Ohio State Univ.
2019 Ohio 276
Ohio Ct. App.2019Background
- Nancy L. Lill was hired by The Ohio State University (OSU) in 2008 as a tenure-track associate professor with a four-year probationary period and a one-year terminal appointment if tenure was denied; the University Faculty Rules and departmental AP&T were incorporated into her hiring contract.
- In June 2012 OSU denied Lill tenure and gave notice of termination; Lill appealed and the University Hearing Committee found the tenure evaluation was improper and ordered a new, fair, impartial evaluation.
- OSU's provost disagreed with the Hearing Committee, declined to remand for a new review, and Lill’s employment ended on June 30, 2013.
- The Court of Claims found OSU breached the contract, ordered a new evaluation, and deferred damages; OSU later completed a proper review and again denied tenure on May 3, 2017.
- The Court of Claims then held Lill was not entitled to damages because her contract had simply expired after the four-year probationary period plus the terminal year OSU had already treated as running in 2012–13.
- The appellate court reversed, holding OSU’s failure to provide a valid tenure evaluation before nonrenewal meant the terminal year did not run in 2012–13 and remanded to calculate damages through the terminal year ending June 30, 2018.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a fair, Rules-compliant tenure review is a condition precedent to nonrenewal and the start of a terminal year | Lill: termination was unlawful because OSU denied tenure based on an improper review; a valid tenure decision is required before nonrenewal and the terminal year runs | OSU: contract provided a four-year probationary term and, upon denial in 2012, the terminal year ran and the contract expired in 2013 | Court: a Rules-compliant tenure evaluation was a condition precedent; OSU’s breach prevented the terminal year from running in 2012–13, so Lill remained employed until the valid denial in 2017 and was entitled to damages through June 30, 2018 |
| Burden and scope of damages (interim earnings / mitigation) | Lill: OSU bears the burden to prove interim earnings; absent proof she is entitled to her contracted salary and benefits | OSU: Lill already received her contractual terminal year so no damages; if additional year required, damages limited to one year of base salary | Court: remanded for damages determination consistent with holding; acknowledged mitigation but held Lill incurred monetary damages recoverable against OSU |
Key Cases Cited
- Alexander v. Buckeye Pipe Line Co., 53 Ohio St.2d 241 (Ohio 1978) (contract language is given ordinary meaning; contracts read as a whole)
- Arbino v. Johnson & Johnson, 116 Ohio St.3d 468 (Ohio 2007) (amount of damages is a fact question for the factfinder)
- State ex rel. Martin v. Bexley City School Dist. Bd. of Edn., 39 Ohio St.3d 36 (Ohio 1988) (employer bears burden to prove interim earnings for mitigation of back pay)
- State ex rel. Hamlin v. Collins, 9 Ohio St.3d 117 (Ohio 1984) (similar rule on employer’s burden to prove interim earnings)
- Geygan v. Queen City Grain Co., 71 Ohio App.3d 185 (Ohio Ct. App. 1991) (party seeking contract damages must prove an amount ascertainable with reasonable certainty)
- McConnell v. Howard Univ., 818 F.2d 58 (D.C. Cir. 1987) (university employment/tenure context discussing remedies when internal procedures are not followed)