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RUTH H. KOVICH v. MANSFIELD STATE COLLEGE ET AL. (07/24/84)

decided: July 24, 1984.

RUTH H. KOVICH, APPELLANT
v.
MANSFIELD STATE COLLEGE ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Tioga County in case of Ruth H. Kovich v. Mansfield State College, et al., No. 1480 Civil Division, 1977.

COUNSEL

Louise O. Knight, Clement and Knight, for appellant.

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

Judges Rogers, Craig and Barry, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 84 Pa. Commw. Page 177]

This appeal follows an order of the Tioga County Court of Common Pleas which ruled in favor of Mansfield State College, et al., (the College) in a sex discrimination suit brought by Ruth H. Kovich. She appeals under Section 5 of the Pennsylvania Human Relations Act (Act), Act of October 27, 1955, P.L. 744, as amended, 43 P.S. ยง 955.

Mrs. Kovich was a member of the faculty of the Department of Home Economics of the College from September 1966 to May 1969. She was awarded tenure February 24, 1969, effective in the 1969-70 academic

[ 84 Pa. Commw. Page 178]

    year. Mrs. Kovich resigned her position May 23, 1969, in order to accompany her husband, John Kovich, a member of the faculty of the Department of Special Education, who had been awarded sabbatical leave to pursue graduate studies for the 1969-70 academic year at Lehigh University in Bethlehem, Pa. The Kovichs returned to Mansfield, Pa., at the end of the 1969-70 academic year.

Mrs. Kovich applied for and received a temporary appointment for the spring semester for the 1970-71 academic year in the home economics department. She applied for and received a full-time temporary appointment in the same department for the 1971-72 academic year for the spring semester. Mrs. Kovich again applied for and received a temporary full-time appointment for the entire academic year 1973-74.

On November 12, 1973, Mrs. Kovich applied for a permanent full-time position teaching home economics in the Department of Education. The College intended to fill the position for the spring semester 1974. Mrs. Kovich, however, was not awarded the position. She was unsuccessful because the College, as advertised, expressed a preference for candidates who held doctoral degrees. The successful candidate held a doctorate in home economics education whereas Mrs. Kovich held a master's degree and many additional credit hours but not a doctoral degree.

On April 2, 1974, Mrs. Kovich applied for a permanent position in home economics education for the 1974-75 academic year. The College, subsequently, reclassified the position from permanent to temporary status. Mrs. Kovich applied for this position after it was reclassified. She, however, was not the successful candidate. The College, as advertised, expressed a preference ...


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