Kirschenbaum v. Northwestern University

728 N.E.2d 752, 312 Ill. App. 3d 1017, 245 Ill. Dec. 670, 2000 Ill. App. LEXIS 246
CourtAppellate Court of Illinois
DecidedApril 12, 2000
Docket1 — 98 — 3059
StatusPublished
Cited by15 cases

This text of 728 N.E.2d 752 (Kirschenbaum v. Northwestern University) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kirschenbaum v. Northwestern University, 728 N.E.2d 752, 312 Ill. App. 3d 1017, 245 Ill. Dec. 670, 2000 Ill. App. LEXIS 246 (Ill. Ct. App. 2000).

Opinion

JUSTICE BURKE

delivered the opinion of the court:

Plaintiff Daniel Kirschenbaum appeals from an order of the circuit court entering judgment in favor of defendant Northwestern University (Northwestern) and against plaintiff following a bench trial in a breach of employment contract action brought by plaintiff against Northwestern. Plaintiff contends on appeal that the trial court erred in (1) denying plaintiff’s motion for substitution of judge; (2) ruling that Northwestern had not breached the tenure-based employment - contract entered into between plaintiff and Northwestern; (3) failing to find a constructive discharge without cause; and (4) finding that the tenure-based employment contract did not obligate Northwestern to provide plaintiff with a reasonable annual salary and benefits. For the reasons set forth below, we affirm.

Plaintiff, a tenured professor of clinical psychiatry and behavioral sciences at Northwestern University Medical School (Northwestern’s medical school), filed a two-count complaint in the chancery division of the circuit court against defendants Northwestern, Northwestern’s medical school, and Northwestern University Medical Faculty Foundation (the Foundation) for breach of contract. Plaintiff alleged that defendants had failed to provide him with a salary as well as teaching and clinical responsibilities and research facilities. Count I, which sought specific performance, was dismissed for failure to state a claim. Count II, the remaining claim, sought damages for breach of the contract. The record indicates that plaintiff voluntarily dismissed Northwestern’s medical school as a party prior to trial and did not seek to hold the Foundation liable at trial.

Attached to plaintiffs complaint, included in the record on appeal, are four documents which, the parties agree and the trial court found, comprise plaintiffs tenure-based employment contract (contract) with Northwestern. The first document is a letter to plaintiff dated August 24, 1990, from Dr. Donald Nutter, vice dean of Northwestern’s medical school, which states in pertinent part:

“I am pleased to inform you that [Northwestern] has approved your promotion to the rank of Professor of Psychiatry and Behavioral Science with the award of tenure.
The effective date of this faculty action is September 1, 1990. Your term of appointment will be indefinite. The base salary with regard to tenure is zero. Your total salary will continue to be recommended annually by your department chairman.
Service on the faculty at Northwestern includes teaching as assigned by your department chairman, research, and the performance of assigned administrative duties. These duties of the faculty, as outlined in the University and Medical School Faculty Handbooks, help to form the basis on which your performance will be evaluated.”

The second document is a letter dated November 19, 1990, authored by Robert Duncan, provost of Northwestern, which informs plaintiff that Northwestern’s board of trustees had approved Duncan’s recommendation that plaintiff be “promoted to Professor of Psychiatry with tenure effective September 1, 1990.”

The last two documents are the two handbooks referenced in Dr. Nutter’s letter to plaintiff, entitled “Northwestern University Faculty Handbook” (the University Handbook) and “Northwestern University Medical School Faculty Handbook” (the Medical School Handbook). The University Handbook specifies, in pertinent part, that “[t] enure is signified by an appointment for an indefinite period.” The Medical School Handbook also specifies, in pertinent part, that “[t]he award of tenure carries with it an indefinite term of appointment for all faculty members who receive this honor,” and it defines the salary obligation undertaken by Northwestern in connection with tenure awarded to one of its medical school faculty members as follows:

“The financial obligation inherent in [Northwestern] granting tenure is defined as a base salary. A faculty member will be notified in writing by the dean at the time tenure is awarded regarding the level of the base salary. The base salary is usually zero for physician faculty members who are awarded tenure.”

Subsequent to numerous pleadings filed by the parties, including a motion for summary judgment filed by Northwestern which was denied, this case was transferred from the chancery division to the law division of the circuit court for further proceedings and trial.

At trial, both parties agreed that plaintiff remained a tenured faculty member at Northwestern. The parties presented the following evidence, which chronicles the events preceding, during, and subsequent to plaintiff’s tenure. In 1984, Northwestern had appointed plaintiff to its medical school faculty as a nontenured associate professor of psychiatry and behavioral sciences for a one-year term; postdating this term, plaintiff served a five-year nontenured term. Plaintiff conceded, and the evidence showed, that he was advised both orally and in writing that his appointment was for a tenure-eligible track position with a zero-base salary. Plaintiff was advised that, in accord with Northwestern’s “zero-base salary policy,” plaintiff would not receive any salary from Northwestern should he eventually be awarded tenure but that “there would be hopefully other sources of reimbursement for him.”

In addition, plaintiff received a letter dated November 2, 1984, from Harold Visotsky, chair of the department of psychiatry and behavioral sciences at Northwestern’s medical school, stating that plaintiff had been appointed to the

“faculty of Northwestern University Medical School at the rank of Associate Professor of Psychiatry and Behavioral Sciences. This is a tenure eligible track position and the Northwestern University Medical School base salary is zero. ***
You will be required to volunteer three hours per week of contributed service, which would be over and above that given for your salaried position, and you are expected to attend the monthly departmental meetings as scheduled. ***
* * *
The detailing of your salaried work assignments are necessarily condensed in this letter and the formal contract should be referenced as a more definite description of your conditions of employment.
As part of your academic appointment, you will be expected to supervise clinical psychology and psychiatry residents and medical students, to conduct educational diagnostic seminars, and to serve on qualification and dissertation committees. In addition, you will be expected to continue your research work in obesity and health psychology. *** It is expected that this work will result in extramural grant submissions and funding, as well as publications in relevant journals.”

Dr. Nutter testified that Northwestern’s medical school had adopted a zero-base salary policy for its tenured licensed clinical faculty, which had been in place at least two years preceding plaintiffs appointment to Northwestern’s medical school clinical faculty in 1985.

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Bluebook (online)
728 N.E.2d 752, 312 Ill. App. 3d 1017, 245 Ill. Dec. 670, 2000 Ill. App. LEXIS 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirschenbaum-v-northwestern-university-illappct-2000.