his contract when they removed him from office. Dr. Koprowski asserts that the terms of his employment are set forth in a letter he received, dated January 24, 1957. The letter outlined his duties and responsibilities and also set forth his rights as Director. The letter stated that Dr. Koprowski would have "the same rights and privileges as to tenure as does a full professor at the University of Pennsylvania."
Wistar originally contended that the tenure policy in place in 1957 applied only to a professor's status as professor and not to any administrative position. Defendants have recently acknowledged, however, that the policy under which they originally believed plaintiff was bound was not put into place until 1959. Instead, plaintiff is bound by a policy put into place in 1929. Unfortunately, no one has a copy of that policy.
Whether the tenure policy applies only to faculty position, is of little consequence. The 1957 letter clearly gives Dr. Koprowski the same right to tenure in his position as director as full time faculty members received. The letter addresses only Dr. Koprowski's role as Director. It makes no mention of his duties or rights as a professor. It clearly states that as director his salary would be commensurate with the highest paid professor at the University. The unambiguous language of the letter indicates that the duties and responsibilities as well as the rights are appurtenant to the position of Director. Defendants' argument that Professors had tenure only in faculty positions and not administrative positions is without merit because the letter by its very language extends the tenure policy to Dr. Koprowski's position as Director.
This conclusion, however, does not end the analysis. There still remains the issue of what the tenure policy was when Dr. Koprowski first became employed. No one is able to produce a copy of the relevant policy. No one knows what age faculty could be retired, if at all. Dr. Koprowski bears the difficult if not impossible burden of demonstrating to the jury what the tenure policy was in 1957 and that defendants have breached that policy. Dr. Koprowski has filed an affidavit in which he contends that in 1957, the then President of the Institute assured him that Professors at the University were entitled to lifetime tenure. There exists a genuine issue of material fact in dispute as to exactly what the tenure policy was when Dr. Koprowski was granted equal rights under the 1957 letter. As such, I will deny defendants motion for summary judgment on Count IV. The issue to be resolved by the jury is whether tenure was for life or was it for a shorter period of time, and if it was for a shorter period of time what that time was. Whether the policy applied to administrative positions is immaterial as I have concluded that the policy, whatever it was, as a matter of law, applies to Dr. Koprowski's position as Director.
I will grant defendants' motion for summary judgement on Count I. I will deny the motion as to Counts II and III as there are genuine issues of material fact in dispute. I will also grant plaintiff's motion to compel the deposition of those individuals requested in his motion.
An appropriate order follows.
Clarence C. Newcomer, J.
AND NOW, this 29th day of December, 1992, upon consideration of defendants' Motion for Summary Judgment on Count I, III, and IV and plaintiff's response thereto and in consideration of plaintiff's Motion to Compel Discovery and defendants' response thereto, and consistent with the foregoing Memorandum, it is hereby ORDERED that defendants' motion is GRANTED as to Count I and JUDGMENT is ENTERED on Count I in favor of defendants and against the plaintiff. Defendants motion is DENIED in all other respects.
It is FURTHER ORDERED that plaintiffs Motion to Compel Discovery is GRANTED. Plaintiff shall have 10 days from entry of this Order with the Clerk of Courts to depose the individuals named in the motion. Plaintiff may depose each individual for no longer than an hour and the scope of the questioning shall be limited to the telephone conference of April 5, 1991.
AND IT IS SO ORDERED.
Clarence C. Newcomer, J.