October 10, 2003
HOWARD UNIVERSITY, APPELLANT,
HAROLD E. LACY, JR., APPELLEE.
Appeals from the Superior Court of the District of Columbia (CA-3012-99) (Hon. Susan R. Winfield, First Trial Judge) (Hon. Mary Ellen Abrecht, Second Trial Judge)
Before Schwelb, Farrell, and Washington, Associate Judges.
ON PETITION FOR REHEARING
This court's decision in this case is reported at 828 A.2d 733 (D.C. 2003) (Lacy I). Appellee Harold E. Lacy, Jr., has filed a timely petition for rehearing or rehearing en banc. In his petition, Lacy correctly points out that, contrary to a statement in the court's opinion, 828 A.2d at 736 (and contrary to a concession by Lacy's attorney at oral argument), the question whether there was an employment contract between the parties in Law v. Howard Univ., 558 A.2d 355 (D.C. 1989), was in fact contested an d litigated . See id. at 356 n.1. We grant rehearing to the extent that we now correct this factual error.
We conclude, however, that the foregoing incorrect statem ent in the opinion - in fact, there have been two jury findings that the University's handbook is an employment contract, rather than one - does not affect the proper disposition of the case. See Lacy I, 828 A.2d at 736-39. In all other respects, the petition for rehearing by the division is denied.
So ordered. *fn1