Nelson v. Pima Community College

Good Law
83 F.3d 1075·1996 WL 227338
United States Court of Appeals for the Ninth CircuitMay 7, 1996No. 94-15187California3,589 words

Opinion

Lead Opinion

Kleinfeld, J.

A college Affirmative Action Officer sued on numerous state and federal grounds, when the college did not renew her contract after it expired. We affirm the summary judgment against her.

FACTS

The acting President of Pima Community College, Brenda Beckman, hired Elinor Nelson as Assistant to the President for Affirmative Action and Equal Employment Opportunity. The job description said that the position “reports to the President,” provides “staff assistance to the college President,” and “receives administrative direction from the College President.” Two employment contracts were executed shortly after Nelson was hired. One ran to the end of June 1990, the second from July 1, 1990 to June 30, 1991. Both contracts said that the employment was “to terminate” at the end of the contract. Both contracts provided that “assignment or reassignment of duties ... shall be and shall remain the prerogative of the Chief Administrative Officer....”

Dr. Nelson’s employment became problematic immediately. A new Chancellor and President, Jeff Hoekaday, was in the process of being selected for the college. Dr. Nelson wrote to him in April, before his selection was final and before he commenced…

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