Janos v. University of Washington

851 P.2d 683, 69 Wash. App. 799, 1993 Wash. App. LEXIS 216
CourtCourt of Appeals of Washington
DecidedApril 12, 1993
DocketNo. 29890-9-I
StatusPublished
Cited by3 cases

This text of 851 P.2d 683 (Janos v. University of Washington) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Janos v. University of Washington, 851 P.2d 683, 69 Wash. App. 799, 1993 Wash. App. LEXIS 216 (Wash. Ct. App. 1993).

Opinion

Scholfield, J.

Appellant Paul M. Janos appeals from the trial court judgment affirming the final decision of respondent University of Washington that he shall remain an unsalaried faculty member pending a recommendation by the Department of Psychology on renewal or nonrenewal of his appointment. We affirm.

Paul Janos began at the University of Washington in 1980 as a clinical psychology intern in the medical school. During that year, Janos became associated with the Child Development Resource Group (CDRG) where he began work with group founder Dr. Halbert Robinson, in the Early Entrance Program (EEP), a program within the CDRG. At the time of Janos' hire, the CDRG was an interdepartmental research organization under the auspices of the graduate school and [801]*801encompassed a number of programs focusing on research with gifted children and youth.

The EEP was founded in 1977 by Dr. Halbert Robinson to provide an opportunity for gifted young students to enroll at the University. Dr. Halbert Robinson died in 1981, and his wife, Dr. Nancy Robinson, professor of psychiatry and behavioral sciences, assumed the position of director of CDRG.

In 1981, Janos was hired as a research consultant by the CDRG to work with the EEP on a 3-year grant from the Donner Foundation. He continued to work on this grant while completing his dissertation. In 1983, following receipt of his Ph.D., Janos was appointed to the rank of research associate in the CDRG.

In 1984, the budgets and activities of the CDRG were transferred from the graduate school to the College of Arts and Sciences. However, the "identity" of the CDRG was retained under the graduate school. The name of the CDRG was also changed to the Center for the Study of Capable Youth (CSCY) sometime during the mid-1980's, although the precise date of this change is not clear.

In July 1986, Robinson wrote Dr. Gary Tucker, chair of the Department of Psychiatry and Behavioral Sciences, to nominate Janos for an academic appointment in that department. She wrote as follows regarding Janos' duties and funding:

Paul is the Assistant Director of the Early Entrance Program and serves functionally as half-time counselor for current "EEPers," graduates of the program, and other young students on the campus. Through this self-sustaining program, 50% of his salary is guaranteed on a permanent basis. . . .
The remainder of Paul's time has, since 1981, been covered by research grants. Initially, we had a three-year grant from the Dormer Foundation to evaluate the [EEP] . . . More recently, and to about November 1,1987, Paul has 50% of his salary from our NIMH grant to study the effects on a nongiffced child of having a gifted sibling. . . .
Paul has been appointed as a Research Associate by the Child Development Research Group, under the auspices of the Graduate School, since 1981,[1] but that type of appointment is [802]*802no longer going to be available. The Graduate School has been regularizing its administrative structure, and Groups (or Centers) can no longer make such appointments. We need to make some change in Paul's status soon . . .[.]

In April 1987, Robinson wrote the chairman of the Department of Psychology to request that Janos be considered for an appointment to research associate in that department. Robinson stated that her request "comes as a result of a transfer of the functions of the Center for the Study of Capable Youth from the Graduate School to the College of Arts and Sciences, and therefore the need to transfer Paul's appointment." Robinson described Janos' functions in the CSCY:

While he finished his dissertation, he became involved with research relating to the Early Entrance Program, and later became the Assistant Director of the Early Entrance Program, dually supported by the EEP as its adviser, and by a series of research projects . . .[.]

An ad hoc committee within the Department of Psychology reviewed Janos' accomplishments and his appointment was approved by faculty vote. In recommending Janos' appointment, the chair of the Department of Psychology wrote:

I have made it clear to [Janos] that he is free to continue his activities with Professor Robinson's group, and that if he wishes to expand the scope of his activities to other, more independent arenas, he will first have to interact with the regular faculty in the department to a greater degree than at present.

Janos' appointment was approved by Associate Dean David Prins on July 17, 1987. The record indicates this was not a new appointment, but was rather a transfer of Janos' research associate appointment from the CSCY to the Department of Psychology.

As Janos concedes, his appointment to the Department of Psychology was silent regarding his duties and his funding. Following the appointment, Janos continued to have significant responsibilities with the CSCY, as evidenced by CSCY Director Robinson's letter to Janos of August 29, 1987.2

[803]*803At the end of 1988, Janos remained employed as an "Assistant Director, Early Entrance Program" with the CSCY. Janos' position as assistant director was funded by the CSCY, and he received no funding from the Department of Psychology.

By late 1985, friction had begun to develop between Robinson and Janos. Janos developed differences of opinion with Robinson regarding the operation of the EEP. By the end of 1988, the relationship between Janos and Robinson had significantly deteriorated. In a February 13, 1989, letter Robinson notified Janos of his termination from the CSCY, citing the "increasingly difficult working relationships between the two of us and with other Center personnel". Robinson's letter stated that Janos was terminated from his position as assistant director of the CSCY and from his "appointment as Research Associate to the Center".

[804]*804Janos initiated adjudicative proceedings pursuant to the University's Faculty Handbook (Code) to challenge his termination. These proceedings ultimately involved a hearing committee decision, an appeal to University President Gerberding, a remand and second decision by the hearing committee, and a final decision by Gerberding. The general issue was whether Janos was entitled to the protections of the Code prior to termination. Gerberding made several determinations regarding Janos’ employment status which are relevant to this issue: (1) Janos held an unsalaried, unfunded faculty appointment as a research associate with the Department of Psychology; (2) Janos held no faculty appointment as research associate with the CSCY, but instead held the administrative position of assistant director of the CSCY; and (3) Janos' funding was through the CSCY.

From the above findings, Gerberding concluded that it was within Robinson's discretion to terminate Janos as assistant director of the CSCY, and that his funding through the CSCY could be revoked when his work there was discontinued. He stated that the protections of the University Code did not apply to the discontinuation of administrative funding for persons not in a faculty position. However, Gerberding ruled that proper University Code procedures had to be followed before Janos could be terminated from his faculty appointment with the Department of Psychology.

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Bluebook (online)
851 P.2d 683, 69 Wash. App. 799, 1993 Wash. App. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janos-v-university-of-washington-washctapp-1993.