The Board of Regents of the University System of Georgia appeals from the trial court’s grant of partial summary judgment to John Doe in this suit for breach of an employment contract. The Board contends the trial court erred in finding that there was a valid, written contract between Doe and the Board and that, because of the existence of such contract, the state’s sovereign immunity was waived. The Board also challenges the trial court’s finding that it breached its contract with Doe. For the following reasons, we affirm the court’s finding that there was a valid, written contract between the Board and Doe, but reverse the court’s grant of summary judgment on the issue of whether the Board breached such contract. “To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law.” Citations omitted. WirelessMD v. Healthcare.com Corp. , 271 Ga. App. 461, 462 610 SE2d 352 2005. Our review of the grant or denial of summary judgment is de novo. Id.
So viewed, the record shows the following relevant facts. The Board of Regents “Board” is a state agency that governs and manages the University System of Georgia and its member institutions, including the Georgia Institute of Technology “Georgia Tech”. Georgia Tech is not a separate or distinct legal entity from the Board and, therefore, cannot sue or be sued in its own capacity.1 When an administration or faculty position becomes available at Georgia Tech, university administrators are authorized to search for and interview potential candidates, decide which candidate will be offered the position, present the offer, and negotiate the terms of employment with the candidate on behalf of the Board. When hiring professors or certain administrative personnel, such as provost, vice president, and dean, Georgia Tech then forwards its recommendation for the appointment to the University System’s Chancellor for approval by the Board, pursuant to the Board’s policy manual.
