Benison v. Ross
| Decision Date | 23 October 2013 |
| Docket Number | Case No. 12–cv–15226. |
| Citation | 983 F.Supp.2d 891 |
| Parties | Kathleen C. BENISON and Christopher Benison, Plaintiffs, v. George ROSS, E. Gary Shapiro, Ian R. Davison, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
OPINION TEXT STARTS HERE
Carole D. Bos, Bradley K. Glazier, Bos & Glazier, Grand Rapids, MI, for Plaintiffs.
Michael E. Cavanaugh, Ryan K. Kauffman, Fraser, Trebilcock, Lansing, MI, for Defendants.
Plaintiffs Kathleen and Christopher Benison brought a § 1983 action against three Central Michigan University officials claiming that the school unlawfully retaliated against them for exercising their First Amendment rights.
On August 12, 2013, Defendants filed a motion for summary judgment. Because Plaintiffs Kathleen Benison and Christopher Benison have not established a prima facie case for First Amendment retaliation, the Court will grant Defendants' motion for summary judgment.
Plaintiffs' case stems from Christopher Benison's participation in CMU's Academic Senate in December 2011. Mr. Benison, then a student at CMU, co-sponsored a motion for a no confidence vote in President George Ross and Provost E. Gary Shapiro. The no confidence vote passed in the Senate and was ultimately endorsed by 19 university departments.
Plaintiffs allege that they suffered several harmful consequences in retaliation for Mr. Benison's role in the no confidence vote. In particular, Mr. Benison claims his transcript was withheld from him, and Kathleen Benison, formerly a professor of Geology at CMU, claims that she was denied a promotion and forced to return compensation paid to her in retaliation for her husband's no confidence vote.
Central Michigan University hired Dr. Kathleen Benison in 1997 as an Assistant Professor in the Department of Geology. Dr. Benison was promoted to Associate Professor in 2003 and tenured Professor in 2008. Pls.'s Resp., Ex. 4. During her employment, Dr. Benison received multiple National Science Foundation grants, published in over thirty publications, and received several university awards, including the Excellence in Teaching Award, the Provost's Award for Outstanding Research and Creative Activity, and the President's Award for Outstanding Research and Creative Activity. Resp. Ex. 2.
Despite her teaching and research awards, Dr. Sven Morgan, the Chair of the Earth and Science Department, believed that Dr. Benison was not fulfilling her service obligations in 2010. Defs.' Mot. Summ. J. Ex. 3 at 3. Dr. Morgan stated: “[I]n my view, Dr. Benison was not contributing leadership to Department service activities, which caused junior faculty members, who had not yet achieved tenure or who were still Associate Professors to do extra service activities.” Id. Dr. Morgan identified one example in particular: Dr. Morgan had asked Dr. Benison and another senior faculty member to complete the WEAVE assessment plan for CMU's online system in September 2010. Id. at 2–3. When Dr. Benison refused, Dr. Morgan reminded her that the EAS Department bylaws require professors to demonstrate “high quality leadership in service activities” to receive further promotion, including salary supplements. Id. at 3.
About that same time in fall 2010, Dr. Benison applied for sabbatical leave, which was approved for the Spring 2012 semester. Resp. Ex. 8. Provost Shapiro informed Dr. Benison that she would be required “[t]o return to CMU for at least one academic year following the leave or to refund the salary and benefits paid by CMU during the leave.” Id. On January 13, 2011, Dr. Benison signed the “Agreement to be Signed by Recipient of Leave of Absence with Compensation”, in which Dr. Benison agreed to “return to [CMU] ... for one full contractual period following the termination of my leave or to refund the compensation paid to me by CMU for the period of my leave.” Resp. Ex. 10.
During the 2011 Fall Semester, CMU relieved Dr. Benison from all her teaching assignments for the semester so that she could focus on research. Mot. Summ. J. Ex. 3. Even though Dr. Benison was not teaching, Dr. Morgan believed that Dr. Benison was not meeting her service requirements for the semester based on two events. First, Dr. Benison refused to serve as the faculty advisor for the CMU Geology Club. Mot. Summ. J. Ex. 32. Second, Dr. Benison asked whether she should attend the EAS Department's retreat, which all tenure track faculty are expected to attend. Mot. Summ. J. Ex. 33. Dr. Morgan alerted Dean Davison to his concerns, and Dean Davison reminded Dr. Benison that she was still expected to participate in service activities during the 2011 Fall Semester. Mot. Summ. J. Ex. 34.
Plaintiff Christopher Benison is Dr. Benison's husband and was a student at CMU. Mr. Benison participated in the creation of a new student organization called Students for Faculty and was a member of the Academic Senate. Compl. ¶ 11.
As a member of the Academic Senate, Mr. Benison and another student submitted a motion of “no confidence” against CMU President George Ross and Provost E. Gary Shapiro. Resp. Ex. 11. The motion asserted that President Ross and Provost Shapiro “have engaged in communication practices that undermine transparency and accountability; have effectively interfered with the practice of shared governance; and thus have eroded mutual trust among the administration, faculty, and students.” Id. The Academic Senate passed the motion on December 6, 2011.
The CMU Board of Trustees addressed the vote of “no confidence” at a meeting two days later. Some of the CMU Deans, including Dean Ian R. Davison, presented a letter supporting President Ross and Vice President Shapiro at the meeting:
In view of the narrow no-confidence vote at the Academic Senate on Tuesday, December 6th, 2011, we, the undersigned Deans of the seven academic colleges, believe it is important to communicate immediately, and as forcefully as possible, the following to the Board of Trustees of Central Michigan University. President George E. Ross and Provost and Executive Vice President Dr. E. Gary Shapiro have our complete confidence and support ... We are all honored to work with individuals of such high caliber and any effort to undermine their leadership at CMU is detrimental to the future of this institution.
Resp. Ex. 16.
Dr. Benison's sabbatical began on January 9, 2012. Although she was not required to, Dr. Benison continued to perform some of her usual duties as a professor such as supervising research students and representing CMU at professional meetings. Compl. ¶ 16.
A few days into the sabbatical semester, Dr. Benison applied for a promotional salary supplement available to professors who apply and meet certain criteria. Resp. Ex. 17. The Faculty Association Agreement governs the process by which faculty apply for promotions. The application process includes several stages: first, the applicant's academic department will judge the extent to which the applicant has fulfilled the requirements for promotion. Mot. Summ. J. Ex. 12 at 10. Next, the department's recommendation is forwarded to the college dean, who will make an independent review and recommendation on the application. Id. at 11. Then, the Provost, with input from the President, will review the application and render an independentrecommendation on the application. Id. at 12. Finally, the Provost's recommendation is forwarded to the Board of Trustees, who approve of or disagree with the recommendations. Id. at 12.
Dr. Benison began the application process on January 16, 2012, by submitting her twenty-seven page application to the EAS Department. Resp. Ex. 17. At the EAS Department faculty meeting on January 27, 2012, eight of nine faculty members voted that Dr. Benison had not fulfilled her service obligations, which is one of the criteria for promotion. Resp. Ex. 18. The majority opinion stated Dr. Benison had not contributed high quality leadership; instead, Dr. Benison had engaged in “short-term, time limited commitments.” Mot. Summ. J. Ex. 20. The faculty then voted six to three against Dr. Benison's application for a salary supplement. Resp. Ex. 18.
After the EAS Department voted against her application for a salary increase, Dr. Benison began the appeals process outlined in the Faculty Association Agreement. Dr. Benison submitted her appeal paperwork to Dean Davison, who was tasked with reviewing the EAS Department's recommendation. In addition to submitting a nine-page letter outlining her disagreements with the EAS Department's conclusions, Dr. Benison also procured a faculty advocate to represent her during the appeal. Mot. Summ. J. Ex. 21 & 22.
On April 12, 2012, Dean Davison issued his recommendation that Dr. Benison's application for a salary increase should be denied. Specifically, Dean Davison found “no compelling evidence to support overturning the negative recommendation of the department ....” Mot. Summ. J. Ex. 25 at 3.
After Dean Davison issued his negative recommendation, Dr. Benison requested an in-person meeting with him to “address errors of fact” in his recommendation. After the meeting, Dean Davison affirmed his previous recommendation to deny the salary increase on May 7, 2012. Mot. Summ. J., Ex. 28. Dean Davison's recommendation explains:
Despite the representations made by Dr. Benison as well as her advocate (a faculty member from another department) to my advisory committee, and Dr. Benison's long rebuttal to the department recommendation (which is in my opinion consistent with the department's criticism regarding an avoidance of onerous but critical service and a focus on those activities that require short-term or limited time commitments), I find no compelling evidence to support overturning the negative recommendation of the department....
Dr. Benison appealed Dean Davison's recommendation to Provost Shapiro, who was tasked with reviewing Dr. Benison's...
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