Cuozzo v. North Dakota, d/b/a University of North Dakota, et al.

Frank Cuozzo appeals from a judgment dismissing his breach of contract action against the State, doing business as the University of North Dakota (UND), and its president Mark Kennedy. Cuozzo was a tenured faculty member in UND’s Anthropology Department. After failing to inform his department of convictions for driving under the influence and driving with a revoked license, Cuozzo was placed on a performance improvement plan which he subsequently violated. On January 30, 2017, Cuozzo was terminated from his position and he filed a formal grievance. The Standing Committee on Faculty Rights held a hearing and issued a four-page report finding there was clear and convincing evidence of adequate cause to terminate Cuozzo, but recommending that he be allowed to resign instead of being terminated for cause. The Standing Committee submitted its findings and conclusions to Kennedy. Four days after receiving the report, Kennedy wrote a letter to Cuozzo upholding the University's decision to terminate Cuozzo's employment. Cuozzo responded to Kennedy’s letter and complained about “such a quick decision,” alleging Kennedy failed to comply with the UND Faculty Handbook relating to dismissals which stated “[t]he president shall make a decision and provide written notice of the decision, including findings of fact and reasons or conclusions based on the hearing record.” Cuozzo sued UND and Kennedy claiming they breached his employment contract because Kennedy failed to review the hearing record and make his own findings and conclusions. When unsuccessful at district court, Cuozzo appealed to the North Dakota Supreme Court, arguing the district court erred in ruling UND and Kennedy substantially complied with their obligations under the employment contract. The Supreme Court concluded Kennedy and UND substantially complied with their contractual obligations in terminating Cuozzo’s employment, and affirmed dismissal of Cuozzo's case. View "Cuozzo v. North Dakota, d/b/a University of North Dakota, et al." on Justia Law