Rafalko v. University of New Haven
19 A.3d 215
Conn. App. Ct.2011Background
- Rafalko sued the University of New Haven and Professor Marks after a tenure denial.
- The tenure and promotion process was governed by a faculty handbook and bylaws specifying five criteria for tenure.
- Rafalko received annual appointments from 1997–1998 through 2003, with no annual reviews in 1999–2003.
- He applied for tenure in fall 2002; the committee voted against tenure and communicated a decision in January 2003.
- Rafalko sued in 2005; the trial court granted summary judgment in favor of the University and Marks in 2009.
- The appellate court affirmatively affirmed the trial court’s summary judgment ruling on all counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of contract claim viability | Rafalko contends the handbook created contractual tenure rights | University followed its procedures and ignored no required steps | Summary judgment proper; contract not breached by university |
| Breach of the implied covenant of good faith and fair dealing | University acted in bad faith in denying tenure | No evidence of bad faith or improper motive | No genuine issue of bad faith; upheld summary judgment |
| Negligent misrepresentation | University misrepresented annual reviews | No reliance on annual reviews; publication requirements known | No justifiable reliance; summary judgment affirmed |
| Defamation | Marks' tenure letter contained defamatory statements | Letter stated opinion; protected by academic freedom and not defamatory | Letter not actionable defamation; summary judgment affirmed |
Key Cases Cited
- Craine v. Trinity College, 259 Conn. 625 (2002) (academic freedom; contract rights in tenure matters)
- Neiman v. Yale University, 270 Conn. 244 (2004) (academic freedom and judicial deference to academic decisions)
- Daley v. Wesleyan University, 63 Conn. App. 119 (2001) (binding faculty handbook terms; contract considerations)
- Cweklinsky v. Mobil Chemical Co., 267 Conn. 210 (2004) (defamation elements and truth as defense; opinion vs. fact)
- Daley v. Aetna Life & Casualty Co., 249 Conn. 766 (1999) (defamation; actionable statements require objective fact)