District Judge Jeff Goering to sit with Kansas Supreme Court September 14, 2018
District Judge Jeff Goering of the 18th Judicial District has been appointed to sit with the Kansas Supreme Court to review a case on the court's September 14, 2018, docket. Goering will join Supreme Court justices in reviewing a case on the court's summary calendar and in the court's deliberations and decision drafting. Cases on the summary calendar do not present new questions of law, and oral argument is deemed neither helpful to the court nor essential to a fair hearing of the appeal. These cases are deemed submitted without oral argument.
The case Goering will review and deliberate with the Supreme Court is: Appeal No. 114,292:Edina Harsay v. University of Kansas, Douglas County: (Petition for Review).
Harsay, a former assistant professor in the Department of Molecular Biosciences at the University of Kansas, appealed the district court ruling that no legal impropriety existed in the university's decision to deny her promotion to associate professor with tenure. The Court of Appeals reversed the district court's decision and remanded for further consideration by the university's various tenure committees, starting with the departmental committee, based on Harsay's correct history of research productivity and scholarly works.
The University of Kansas filed a petition for review. Issues on review are whether: 1) the 30-day time period limiting the court's jurisdiction under the Kansas Judicial Review Act is extended by the statute of limitations savings statute for civil actions under K.S.A. 60-518; 2) the Court of Appeals engaged in judicial review of conflicting evidence; 3) the Court of Appeals should have remanded for the university to fully explain the basis for the decision denying tenure; and 4) the Supreme Court should consider two arguments not addressed by the Court of Appeals—whether substantial competent evidence supported the university's decision and whether it was unreasonable, arbitrary, or capricious.