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MICHAEL M. LEVINE v. COMMONWEALTH PENNSYLVANIA (01/05/84)

decided: January 5, 1984.

MICHAEL M. LEVINE, PH. D., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF EDUCATION ET AL., RESPONDENTS



Appeal from the Order of the Department of Education in case of In Re: Dr. Michael Levine -- Grievance submitted by employe 8/9/81, PDE No. 909 APSCUF No. 81-009BL, Promotion, PDE No. 915, dated April 2, 1982.

COUNSEL

Donald H. Brobst, with him David C. Federman, Rosenn, Jenkins & Greenwald, for petitioner.

Wayne M. Richardson, Regional Legal Counsel, for respondents.

Judges Craig, Doyle and Barbieri, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 79 Pa. Commw. Page 358]

Dr. Michael M. Levine, an assistant professor of psychology at Bloomsburg State College, appeals

[ 79 Pa. Commw. Page 359]

    from a determination by the Pennsylvania Department of Education (DOE) which, in reviewing promotion procedures under a collective bargaining agreement, without holding any hearing, supported the college's decision not to promote Dr. Levine to the rank of associate professor.

We must decide if Dr. Levine was entitled, under constitutional due process or the Administrative Agency Law,*fn1 to a hearing to review the promotion denial.

Dr. Levine had filed his application for promotion on October 24, 1980. Under a collective bargaining agreement between the Association of Pennsylvania State College and University Faculties (APSCUF) and the Commonwealth, Dr. Levine's application followed a three-tier review and recommendation process. After receiving negative recommendations from both the psychology department and a faculty promotion committee, the college's president, Dr. James McCormick, denied Dr. Levine's application.

Dr. Levine then filed a grievance under the collective bargaining agreement, alleging -- among other things -- procedural irregularities and faculty prejudice in the review of his application. After the Dean of Arts and Sciences and Dr. McCormick denied his grievance,*fn2 Dr. Levine appealed to DOE under step 3 of the collective bargaining agreement.

By letter of April 2, 1982 to the president of APSCUF, Randall C. Breon, ...


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