Willis E. Byrd v. Board Curators Lincoln
By Supreme Court of Missouri
- Release Date: 1993-10-26
- Genre: Law
Description
Appellant Willis E. Byrd appeals from the dismissal of his petition in which he sought judicial review of the action of the
Board of Curators of Lincoln University when it discharged him from his position as a tenured professor. The trial court dismissed
the petition as untimely under the three year statute of limitation. § 516.030. 1 The Missouri Court of Appeals,
Western District, affirmed dismissal because the proceeding is a "contested case" under the Missouri Administrative Procedures
Act (MAPA). MAPA requires that an appeal be taken within thirty days after the final decision of an agency. § 536.110.1.
This Court granted transfer. Rule 83.03. On March 4, 1987, Byrd was sent a letter by John M. Chavis, interim president of the university, informing Byrd that his
salary would be suspended effective February 13, 1987, due to a failure to perform official teaching duties. On March 12,
1987, Chavis sent a second letter notifying Byrd that dismissal proceedings had been instituted due to Byrd's failure to teach
assigned classes during the fall semester of 1986 and the academic year of 1985-86. Byrd was informed that he had ten working
days in which to make a response or request a hearing.
