IN THE MATTER OF PACE UNIVERSITY, ET AL., APPELLANTS, v. NEW YORK CITY
COMMISSION ON HUMAN RIGHTS AND BETTE S. MITTLEMAN, RESPONDENTS.
85 N.Y.2d 125, 647 N.E.2d 1273, 623 N.Y.S.2d 765 (1995).
February 14, 1995
1 No. 38 (1995 NY Int. 024)
Decided February 14, 1995
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Marvin E. Frankel, for Appellants.
Helen P. Brown, for Respondents.
LEVINE, J.:
Respondent Mittleman was hired by Pace University in 1981 as a
full-time assistant professor, with the understanding that she would
remain in that position for seven years and would be considered for
tenure in her sixth year. In 1986, she was denied tenure by Pace on
the grounds that she lacked a Ph.D. and a sufficient record of
scholarly research or publications. At that time, she was offered a
position of adjunct lecturer to teach half-time at half her full-time
yearly salary on a year-to-year basis. The offer specifically
disclaimed any intent to award tenure and stated that all adjunct
appointments are "subject to the needs of the institution and a
capacity of the faculty member to continue to carry the work
assignment satisfactorily."
On January 29, 1987, Mittleman filed a complaint with the New York
City Commission on Human Rights alleging that she had been denied
tenure on the basis of her sex in violation of New York City
Administrative Code § 8-107(1)(a). She subsequently concluded her
seven years of full-time teaching through the fall 1987 semester. In
the spring semester of 1988, she began teaching as a half-time adjunct
lecturer pursuant to Pace's prior offer. However, she refused to
execute a January 1988 contract (Pace's standard Adjunct Faculty
Appointment Agreement) for that semester. She was further permitted to
teach in adjunct status during the fall 1988 and spring 1989
semesters, although she did not execute contracts for those semesters,
despite Pace's standard policy of not allowing persons to teach
without signed contracts.
During this period, Mittleman and Pace engaged in sporadic settlement
SNIPPETS:
IN THE MATTER OF PACE UNIVERSITY, ET AL., APPELLANTS, v.
Respondent Mittleman was hired by Pace University in 1981 as a full-time assistant professor,
she was offered a position of adjunct lecturer to teach half-time at half her full-time
On January 29, 1987, Mittleman filed a complaint with the New York City Commission on Human
In the spring semester of 1988, she began teaching as a half-time adjunct lecturer pursuant
She was further permitted to teach in adjunct status during the fall 1988 and spring 1989
During this period, Mittleman and Pace engaged in sporadic settlement negotiations,
When this offer was rejected by Mittleman, Pace wrote to her in a June 2, 1989 letter which
On July 11, 1989, Mittleman filed a second complaint with the Commission alleging that
After a hearing, the Commission dismissed the sex discrimination claim, finding that Pace's
We conclude that there does not exist on this record substantial evidence to support the
of Human Rights, 45 NY2d 176, 179-182).
the Commission's determination was affected by an error of law.
It rested largely on a finding that the nonrenewal of Mittleman's adjunct status upon the
the Commission determined that any other ground for nonrenewal would constitute retaliation
This indisputedly includes the standard adjunct contract tendered Mittleman for the spring
Chief Judge Kaye and Judges Simons, Titone, Smith and Ciparick concur.
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