By: Wentworth S.C.R. No. 27
CONCURRENT RESOLUTION
WHEREAS, Dr. Angel W. Lee alleges that:
(1) in September 2008, Dr. Lee entered an employment
contract with The University of Texas Health Science Center at
Houston for a full-time position of Associate Professor, tenure
track, in the School of Health Information Sciences;
(2) under the terms of the contract, Dr. Lee was hired
for the academic year 2009, a twelve month period;
(3) Dr. Lee completed her first year of academic
service on August 31, 2009, and completed her second year of
academic service on August 31, 2010;
(4) Dr. Lee began her third year of employment on
September 1, 2010;
(5) on December 6, 2010, Dr. Lee received a Notice of
Non-Reappointment from the university, which terminated Dr. Lee's
employment effective August 31, 2011;
(6) Dr. Lee's termination was made pursuant to Policy
44 of the Handbook of Operating Procedures of The University of
Texas Health Science Center at Houston (HOOP); the HOOP, among
other university policies and rules, was incorporated by reference
into Dr. Lee's contract;
(7) under HOOP Policy 44, nontenured tenure-track
faculty members in their third year of probationary service must
receive notification of non-reappointment by August 31 of their
third year in order to be terminated by August 31 of the following
calendar year;
(8) Dr. Lee was given insufficient notice on December
6, 2010, to terminate Dr. Lee's employment effective August 31,
2011;
(9) proper notification of Dr. Lee's August 31, 2011,
termination would have had to be given to Dr. Lee by August 31,
2010;
(10) the university's actions constitute a breach of
contract; and
(11) Dr. Lee will suffer irreparable harm, including
loss of valuable research and the inability, as a practical matter,
to secure new employment as a research scientist, unless the
university is ordered by the courts to confirm Dr. Lee's
appointment through August 31, 2012, under the terms of Dr. Lee's
contract; now, therefore, be it
RESOLVED by the Legislature of the State of Texas, That Dr.
Angel W. Lee is granted permission to sue the State of Texas and The
University of Texas Health Science Center at Houston subject to
Chapter 107, Civil Practice and Remedies Code; and, be it further
RESOLVED, That Dr. Angel W. Lee may plead a cause of action
for equitable relief, including specific performance of Dr. Lee's
contract; and, be it further
RESOLVED, That the president of The University of Texas
Health Science Center at Houston and the attorney general be served
process as provided by Section 107.002(a)(3), Civil Practice and
Remedies Code.