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CONCURRENT RESOLUTION
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WHEREAS, Dr. Angel W. Lee alleges that: |
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(1) in September 2008, Dr. Lee entered an employment |
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contract with The University of Texas Health Science Center at |
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Houston for a full-time position of Associate Professor, tenure |
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track, in the School of Health Information Sciences; |
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(2) under the terms of the contract, Dr. Lee was hired |
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for the academic year 2009, a twelve month period; |
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(3) Dr. Lee completed her first year of academic |
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service on August 31, 2009, and completed her second year of |
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academic service on August 31, 2010; |
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(4) Dr. Lee began her third year of employment on |
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September 1, 2010; |
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(5) on December 6, 2010, Dr. Lee received a Notice of |
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Non-Reappointment from the university, which terminated Dr. Lee's |
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employment effective August 31, 2011; |
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(6) Dr. Lee's termination was made pursuant to Policy |
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44 of the Handbook of Operating Procedures of The University of |
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Texas Health Science Center at Houston (HOOP); the HOOP, among |
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other university policies and rules, was incorporated by reference |
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into Dr. Lee's contract; |
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(7) under HOOP Policy 44, nontenured tenure-track |
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faculty members in their third year of probationary service must |
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receive notification of non-reappointment by August 31 of their |
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third year in order to be terminated by August 31 of the following |
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calendar year; |
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(8) Dr. Lee was given insufficient notice on December |
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6, 2010, to terminate Dr. Lee's employment effective August 31, |
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2011; |
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(9) proper notification of Dr. Lee's August 31, 2011, |
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termination would have had to be given to Dr. Lee by August 31, |
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2010; |
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(10) the university's actions constitute a breach of |
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contract; and |
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(11) Dr. Lee will suffer irreparable harm, including |
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loss of valuable research and the inability, as a practical matter, |
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to secure new employment as a research scientist, unless the |
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university is ordered by the courts to confirm Dr. Lee's |
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appointment through August 31, 2012, under the terms of Dr. Lee's |
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contract; now, therefore, be it |
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RESOLVED by the Legislature of the State of Texas, That Dr. |
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Angel W. Lee is granted permission to sue the State of Texas and The |
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University of Texas Health Science Center at Houston subject to |
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Chapter 107, Civil Practice and Remedies Code; and, be it further |
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RESOLVED, That Dr. Angel W. Lee may plead a cause of action |
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for equitable relief, including specific performance of Dr. Lee's |
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contract; and, be it further |
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RESOLVED, That the president of The University of Texas |
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Health Science Center at Houston and the attorney general be served |
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process as provided by Section 107.002(a)(3), Civil Practice and |
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Remedies Code. |