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Cummings v. Commonwealth11/1/2004
vering papers to peers or making other contributions to professional organizations. On the day of Cummings' interview, the Dean shared his concerns with the Department Chair, who agreed with the Dean's assessment of Cummings' qualities as a scholar. However, the Department Chair reminded the Dean that Cummings was retired from the public school system, where scholarship was not expected as it was in a university position. The Department Chair also informed the Dean at their August 18, 1994, meeting that Cummings had been the Search Committee's third choice for interview because his credentials were not as strong as the first two candidates.
On about August 23, 1994, Cummings received a majority vote of the Search Committee. The Department Chair left a telephone message for Cummings that he was being recommended to the Dean for a position. Cummings testified that the message extended an offer, but the Department Chair specifically denied this, stating that he had no authority to offer Cummings the position.
On August 23, 1994, while deliberations were on-going with respect to the three candidates for the student teacher supervisor position, Dr. Louise Wachter complained to the newly appointed President of the University, Jessica Kozloff, that the Search Committee had treated her "shabbily" during her interview. Trial Court Opinion at 5. The following day, Dr. Wachter made the same complaint to the Dean. As a result, the Dean requested the Search Committee to re-interview Dr. Wachter and Dr. Hodes in a more professional manner.
On August 25, 1994, the Dean learned of the Search Committee's vote to recommend Cummings. In response, the Dean advised the Department Chair that he would not recommend Cummings for a tenure track position. Nevertheless, in light of the fact that students were scheduled to arrive on campus within a few days, the Dean requested the Department Chair to contact Cummings to see if he would be willing to accept a one-year appointment, assuming the Provost would agree to convert the tenure track position to a temporary appointment. This would meet the Department's immediate need for a student teacher supervisor and would give Cummings the opportunity to develop as a scholar. If he showed this development, Cummings would be considered for a tenure track position the following academic year. That day, the Department Chair offered Cummings these terms, and he initially accepted them.
On August 26, 1994, Cummings informed the Department Chair that he was no longer interested in a temporary position. Accordingly, the Dean directed that another candidate, Dr. Hodes, be contacted; Dr. Hodes was the sole candidate remaining from the August 18, 1994, interview. The members of the Search Committee refused to recommend Dr. Hodes, and the University Provost declared the search to have failed. The position was re-classified as a one-year position. Thereafter, the University selected
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