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A & M UNIVERSITY-KINGSVILLE v. YARBROUGH

No. 09-0999.

347 S.W.3d 289 (2011)

TEXAS A & M UNIVERSITY-KINGSVILLE, Petitioner, v. Melody YARBROUGH, Respondent.

Supreme Court of Texas.

Decided August 26, 2011.

Attorney(s) appearing for the Case

Greg W. Abbott , Attorney General of Texas, Clarence Andrew Weber , Kelly Hart & Hallman LLP, David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, Robert B. O'Keefe , Timothy Earl Bray , General Litigation Division, Erika M. Kane , Office of the Attorney General, General Litigation Div., Austin, TX, James C. Ho , Gibson Dunn & Crutcher LLP, Dallas, TX, for Texas A&M University-Kingsville.

Joey Williams Moore , Texas State Teachers Association, Kevin F. Lungwitz , Lungwitz & Lungwitz, P.C., Austin, TX, for Melody Yarbrough.

Chief Justice JEFFERSON delivered the opinion of the Court, joined by Justice MEDINA, Justice GREEN, Justice GUZMAN, and Justice LEHRMANN.

An associate professor contends that her application for tenure was undermined by a department chair's summary of a performance evaluation in which the professor received an "exceptional" numerical rating. Although she was given the opportunity to rebut the summary, the professor asserts...

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