Lighton v. Univ. of Utah, No. 99-4070

• Decision Date: 24 April 2000
• Docket Number: No. 99-4070
• Parties: (10th Cir. 2000) JOHN LIGHTON, Plaintiff-Appellant, v. UNIVERSITY OF UTAH; KAREN McCREARY; JAMES EHLERINGER, Defendants-Appellees
• Court: U.S. Court of Appeals — Tenth Circuit

Page 1213

209 F.3d 1213 (10th Cir. 2000)

JOHN LIGHTON, Plaintiff-Appellant, v. UNIVERSITY OF UTAH; KAREN McCREARY; JAMES EHLERINGER, Defendants-Appellees.

No. 99-4070

UNITED STATES COURT OF APPEALS TENTH CIRCUIT

April 24, 2000

Appeal from the United States District Court for the District of Utah (D.C. No. 96-CV-606) [Copyrighted Material Omitted]

[Copyrighted Material Omitted] Robert H. Wilde, Midvale, Utah, for Plaintiff-Appellant.

Brent A. Burnett (Jan Graham, Attorney General, with him on the brief), Assistant Attorney General, Salt Lake City, Utah, for Defendants-Appellees.

Before TACHA, BALDOCK and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

This appeal arises from a 42 U.S.C. 1983 action for damages brought by Appellant John Lighton, a former assistant professor at the University of Utah (University), against Appellees James Ehleringer and Karen McCreary two University officials in their official and individual capacities. At issue is whether the district court properly granted summary judgment to Dr. Ehleringer and Ms. McCreary on Dr. Lighton's 1983 complaint, which alleges they constructively terminated him without due process of law following sexual harassment and retaliation charges filed against him by a subordinate. We exercise our jurisdiction under 28 U.S.C. 1291 and affirm.

FACTUAL BACKGROUND

This case involves numerous undisputed, material facts relied on by the district court in making its summary judgment decision. We begin by noting Dr. Lighton worked at the University as a tenure-track assistant professor in the biology department. During his employment with the University, he had an affair with Dr. Fielden-Rechav ("Dr. Fielden"), a subordinate female researcher from South Africa who was visiting his laboratory for two to three months to learn advanced respirometry techniques for insects. During this period, they submitted a written grant application to the National Institute of Health seeking funding for a research project to study ticks. In June 1994, the National Institute of Health granted the application. As a result, Dr. Lighton furnished Dr. Fielden a three-year contract to work with him under the grant. Regardless of who ended the affair, their relationship became strained at the commencement of Dr. Fielden's research contract. Eventually, the situation culminated in Dr. Fielden complaining to Dr. Ehleringer, the biology department chair and Dr. Lighton's supervisor, of sexual harassment and retaliatory actions by Dr. Lighton.¹

In response to Dr. Fielden's complaints, Dr. Ehleringer contacted the Dean's office, the University's Office of General Counsel and the campus Office of Equal Opportunity. In January 1995, a series of meetings commenced between Dr. Lighton, Dr. Ehleringer, the Dean of the College of Science, and Ms. McCrearyan assistant general counsel for the University. In these meetings, they discussed the need to amicably resolve the conflict and to obtain a neutral person to act as an intermediary. They also advised Dr. Lighton a letter might be placed in his file if he did not refrain from taking perceived retaliatory actions against Dr. Fielden.

On January 26, 1995, Dr. Ehleringer wrote Dr. Lighton a letter recognizing him as a "very valued member" of his department, offering to act as a first-round mediator between Dr. Lighton and Dr. Fielden, and proffering his support and hope for a quick resolution of their conflict. He also drafted a memo to both Dr. Lighton and Dr. Fielden urging them to seek help from an individual outside of the biology department to mediate their conflict.

Two weeks later, Dr. Lighton and Dr. Fielden voluntarily met with a professional University mediator. This meeting culminated in Dr. Lighton believing they reached a mutually acceptable agreement. Dr. Lighton later approved the written draft agreement that presumably embodied the terms of the two parties. The draft agreement included a provision requiring the parties to refrain from making disparaging remarks to third parties about each other outside each other's presence. However, the draft agreement also contained a provision abolishing Dr. Fielden's three-year contract and placing her on six-months probation. Shortly thereafter, Dr. Fielden retained counsel who wrote Dr. Ehleringer a letter accusing Dr. Lighton of sexual harassment and retaliation against Dr. Fielden.

In March 1995, Ms. McCreary met with Dr. Lighton to discuss Dr. Fielden's allegations and allow him to communicate his version of events. At that time, Dr. Lighton informed Ms. McCreary of his efforts to contact Dr. Fielden's previous colleagues and advisors in an attempt to dig up information on her early experiences as well as her "craziness and pathological nature." Ms. McCreary advised Dr. Lighton this action could be perceived as retaliatory and he should proceed carefully in his conduct regardless of the merit of Ms. Fielden's sexual harassment claim. Dr. Lighton also presented Ms. McCreary with a letter he prepared accusing Dr. Fielden of unauthorized use of a South African university's equipment since July 1994.²

Shortly thereafter, he sent another letter to Ms. McCreary indicating he no longer wished to employ Dr. Fielden, again raising the equipment issue.

On March 30, 1995, Dr. Fielden filed a formal sexual harassment and retaliation complaint with the Utah Anti-Discrimination Division against the University's biology department.³ In response, Dr. Lighton offered to "refrain in a legally binding manner from making any negative comments concerning Dr. Fielden to anyone, and undertake not to damage or undermine her research career in anyway." At an April 5, 1995 meeting with Ms. McCreary over Dr. Fielden's request for a $15,000 settlement, Dr. Lighton offered to use his Packard Fellowship fund to pay Dr. Fielden in absentia if she prepared papers on their project. Meantime, at a subsequent biology department executive committee meeting, Dr. Ehleringer announced someone filed a sexual harassment complaint against the department, but declined to cite Dr. Lighton's involvement, even when specifically asked.

Thereafter, Dr. Fielden's attorney proposed a settlement of her claims on certain conditions, including the condition Dr. Lighton refrain from notifying the National Institute of Health of any adverse information about her, or if he had already contacted the Institute, to rectify the situation. By written response, Dr. Lighton agreed to this condition, but when Dr. Fielden insisted he sign the agreement, he refused. In a letter drafted by his attorney, Dr. Lighton stated he would not pay a settlement to Dr. Fielden with his grant money and complained that, even though he did not intend to make disparaging comments about Dr. Fielden, he would not sign an agreement preventing him from disclosing her inappropriate actions should an investigation arise.

On May 14, 1995, Dr. Ehleringer sent Dr. Lighton a letter directing him to: 1) sign the settlement agreement, noting it did not include any admission of wrongdoing by Dr. Lighton; 2) file his complaint against Dr. Fielden internally, instead of with the National Institute of Health, as required by federal procedures; and 3) refrain from making any disparaging remarks about her to any third party. Most importantly, the letter stated failure to comply would "result in the initiation of disciplinary action ... that may result in the imposition of serious sanctions, including termination of your employment with the University." The next day, Dr. Lighton's attorney acknowledged his understanding, after communicating with Ms. McCreary, that no disciplinary action would rise from Dr. Lighton reporting Dr. Fielden's alleged "malfeasance" or misappropriation of the equipment to the University or the National Institute of Health.

Almost one month later, Dr. Fielden, Dr. Lighton, and the University entered into the settlement agreement, which included Dr. Lighton's requested provision he could disclose information about Dr. Fielden to third parties, provided he simultaneously notify her, through her attorney, of such disclosure. The agreement also expressly disclaimed any wrongdoing or liability by Dr. Lighton or the University. Under the terms of the agreement, Ms. Fielden agreed to withdraw her formal complaint and resign from her three-year employment contract in order to obtain employment elsewhere. In addition, the settlement money did not come out of Dr. Lighten's grant or fellowship monies, but from the Utah State Division of Risk Management.

Both Dr. Ehleringer and Ms. McCreary supported the settlement with Dr. Fielden primarily because they believed Dr. Lighton's actions could potentially be perceived as retaliatory.⁴ In addition, Ms. McCreary believed it prudent to settle with Dr. Fielden, not because she necessarily believed Dr. Fielden's side of the story over Dr. Lighton's, but because of her assessment on the University's potential legal exposure.

Two weeks after signing the settlement agreement, Dr. Lighton signed a non-tenure employment offer with the University of Las Vegas, and on the same day, resigned. In his resignation letter, Dr. Lighten simply stated:

The actions of the University of Utah have made it impossible for me to retain my academic post in the Biology Department without compromising my respect for both this institution and myself.

Following Dr. Lighton's resignation, Dr. Ehleringer sent a notice to the biology department's faculty merely announcing another university attracted Dr. Lighten away. At the following biology department executive committee meeting, Dr. Ehleringer advised members of the withdrawal of the sexual harassment and retaliation complaint against the department, and also commented on their fortune in resolving the situation so quickly.⁵

It is important to note that prior to tendering his June 1995 resignation, Dr. Lighton contacted the University of Las Vegas as early as 1992 seeking employment,...