TITLE: Granting Dr. Angel W. Lee permission to sue the State of Texas and the University of Texas Health Science Center at Houston.

SUMMARY: Granting Dr. Angel W. Lee permission to sue the State of Texas and the University of Texas Health Science Center at Houston.

FULL TEXT:
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.