Note that the jury made alternate findings that the University breached Professor Best’s
contract and that she had attained tenure by default, or de facto tenure. Is her reading of
the Faculty Handbook a plausible one, in your judgment?
. Note that the “penalty” the University must bear for late notification of non-renewal of a
contract is another period of employment. Notice deadlines are common in faculty
contracts. What policy reason underlies these long notice periods?
How could a college or university avoid de facto tenure claims such as Professor Best’s,
assuming that, from time to time, timely notice of non-renewal may not occur?