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Wolfe v. Regents of the Univ. Sys. of GA

Appellant was required to apply for a discretionary appeal under O.C.G.A. § 5-6-35 subsection a 1, since he was appealing a superior court decision involving the review of a decision of a state administrative agency; because he failed to file an application to appeal, the Court dismissed the appeal.

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In 2014, Brooks A. Keel, the president of Georgia Southern University, terminated the employment contract of tenured professor Lorne Wolfe for violation of University policies, and the Board of Regents of the University System of Georgia denied Wolfe’s application for review of his termination. Wolfe then filed a complaint for breach of contract and mandamus against the Board and Keel in the Superior Court of Fulton County, seeking reinstatement and other relief. The superior court granted the Board’s motion for summary judgment, and Wolfe filed a notice of appeal directed to this Court. As explained below, this appeal falls within OCGA § 5 6 35 a 1, and an application to appeal was therefore required. Because Wolfe did not file a discretionary application, this Court lacks jurisdiction to consider the merits of his case. Accordingly, we dismiss the appeal.

1. In October 2013, Wolfe was a tenured professor at Georgia Southern University. His annual contract with the University specified that this agreement is made expressly subject to the applicable state and federal laws and to the statutes and regulations of this institution and to the Bylaws and Policies of the Board of Regents. The University and the Board had policies against sexual and workplace harassment1 and disruption of University activities,2 violation of which could lead to termination.

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