## Facts

- Charles F. Rehor began teaching in 1929 and obtained tenure at Western Reserve University before 1948, when tenured faculty had a mandatory retirement age of 70.
- In 1967, Western Reserve University merged with Case Institute of Technology, forming Case Western Reserve University (CWRU), whose constituent institutions had different retirement policies.
- CWRU adopted a uniform post-merger retirement policy through institutional procedures that included committee review, faculty participation, and hearings; the policy reduced the mandatory retirement age (with limited reappointment possibilities beyond the new age under specified conditions).
- From 1969 forward, Rehor signed three consecutive one-year reappointment forms with salary increases under the post-merger employment framework.
- CWRU notified Rehor that his retirement date would be June 30, 1973 (age 68); his request for continued employment past that date was denied.
- Rehor claimed tenure guaranteed employment until age 70 absent cause, and that CWRU could not apply the new retirement policy to him.

## Issues

1. Whether a private university may amend its mandatory retirement policy and apply the change to already-tenured faculty when adopted under institutional governance procedures.
2. Whether applying the amended retirement age to a tenured professor breaches the employment contract or violates tenure protections.

## Decision

- The Ohio Supreme Court reversed the court of appeals and reinstated judgment for CWRU.
- The court held CWRU could apply the revised retirement policy to Rehor because the employment relationship incorporated university rules and policies, including duly adopted amendments.
- The court concluded the policy change was adopted through proper procedures, was reasonable, and was applied uniformly rather than targeting Rehor.
- The court treated Rehor’s continued annual reappointments and acceptance of salary increases as consistent with acceptance of employment under the modified policy framework.

## Legal Principles

- When an employment relationship incorporates an institution’s rules and policies, those rules are part of the contract and may include procedures allowing later amendments.
- A university may revise general employment conditions, including mandatory retirement age, if the change is adopted through authorized governance processes and is reasonable and uniformly applied.
- Tenure protects against arbitrary termination without cause but does not necessarily create an unchangeable entitlement to employment until a previously stated retirement age.
- Continued employment under new terms, coupled with compensation changes, may support a finding that contractual terms were modified within the parties’ established contractual framework.

## Conclusion

The court upheld CWRU’s authority to lower the mandatory retirement age and apply the change to a tenured professor because the contract incorporated amendable university policies and the amendment was procedurally authorized, reasonable, and uniformly applied.


Rehor v. Case W. Rsrv. Univ., 43 Ohio St. 2d 224, 331 N.E.2d 416 (Ohio 1975)