Harsay v. University of Kansas

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The Supreme Court reversed the decision of the Court of Appeals and affirmed the judgment of the district court dismissing Plaintiff’s action brought under the Kansas Judicial Review Act (KJRA) based upon the decision of the University of Kansas to deny Plaintiff promotion and tenure, holding that the University’s decision was supported by substantial evidence. The district court dismissed Plaintiff’s action for lack of prosecution. Plaintiff refiled within six months, relying on the savings statute, Kan. Stat. Ann. 60-518, to make her action timely. The district court ruled against Plaintiff on the merits of her challenge to the University’s decision. The Court of Appeals reversed and remanded to the University to begin the promotion and tenure consideration process anew. The University appealed, arguing that section 6-518 should not have been applied and that the decision to deny Plaintiff promotion and tenure was supported by substantial evidence. The Supreme Court held (1) the savings statute applied to make Plaintiff’s KJRA action timely; but (2) the University’s decision was supported by substantial evidence under Kan. Stat. Ann. 77-621(c)(7). View "Harsay v. University of Kansas" on Justia Law