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MILLERSVILLE STATE COLLEGE v. COMMONWEALTH PENNSYLVANIA (04/01/75)

decided: April 1, 1975.

MILLERSVILLE STATE COLLEGE, PENNSYLVANIA DEPARTMENT OF EDUCATION, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of John R. Schein, No. B-120735.

COUNSEL

Edward A. Miller, Assistant Attorney General, for appellant.

Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Israel Packel, Attorney General, for appellee.

Judges Crumlish, Jr., Rogers and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 18 Pa. Commw. Page 239]

This is an appeal by Millersville State College (College) from a decision of the Unemployment Compensation Board of Review (Board) awarding benefits to John R. Schein (claimant).

The claimant was originally appointed by the College as an assistant professor of geography for the school year 1968-1969. He was notified at the time of his appointment that his Ph.D. requirements would have to be completed in order for him to be eventually considered for tenure, and he was then enrolled in a doctoral program at Michigan State University. Twice, however, he failed his comprehensive examinations, first in December of 1968 and again in the summer of 1969. In addition, the chairman of his doctoral committee at Michigan State died and he then withdrew from his doctoral program there. Nevertheless, he was reappointed for a second and a third school year at the College, and, during his third year, he was notified by the College President that

[ 18 Pa. Commw. Page 240]

    he had been reappointed for a fourth year (1971-1972). With that reappointment, however, he was notified that future reappointments would be based upon his meeting the following criteria:

"1. he be admitted to a graduate school;

2. he have fashioned a graduate program, approved by the graduate school;

3. he have completed satisfactorily some academic work associated with his ...


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