Byrne v. Yale Univ., Inc., No. 3:17-CV-1104 (VLB)

• Citation: 450 F.Supp.3d 105
• Decision Date: 27 March 2020
• Docket Number: No. 3:17-CV-1104 (VLB)
• Parties: Susan BYRNE, Plaintiff, v. YALE UNIVERSITY, INC., Defendant.
• Court: U.S. District Court — District of Connecticut

450 F.Supp.3d 105

Susan BYRNE, Plaintiff,

v.YALE UNIVERSITY, INC., Defendant.

No. 3:17-CV-1104 (VLB)

United States District Court, D. Connecticut.

Signed March 27, 2020

Jacques J. Parenteau, Magdalena B. Wiktor, Madsen, Prestley & Parenteau, LLC, New London, CT, Claire M. Howard, Madsen, Prestley & Parenteau, LLC, Hartford, CT, for Plaintiff.

David C. Salazar-Austin, Victoria Woodin Chavey, Jackson Lewis—P.C., Hartford, CT, for Defendant.

MEMORANDUM OF DECISION ON DENYING IN PART AND GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Hon. Vanessa L. Bryant, United States District Judge

Plaintiff Susan Byrne ("Plaintiff" or "Professor Byrne") brings this action for claims of retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. , the Connecticut Fair Employment Practices Act ("CFEPA"), Conn. Gen. Stat § 46a-60 et seq. , and common law claims for breach of contract and negligent misrepresentation arising from her employment as a faculty member at Yale University (the "Defendant" or "University" or "Yale"). The Defendant moves for summary judgment pursuant to Fed. R. Civ. P. 56. [Dkt. 70-1 (Def. Mem.)]. For reasons that follow, the Court GRANTS Defendant's motion in part and DENIES in part.

Background

The following facts are taken from the Local Rule 56 statements of material facts and evidence cited by the parties. The facts are read in the light most favorable to the non-movant, Professor Byrne. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

Plaintiff was hired as an Assistant Professor on Term in Yale University's Department of Spanish and Portuguese (the "Department") starting in the Fall 2008 semester. [Dkt. 70-44 [Def. D. Conn. Civ. L. R. 56(a) statement ¶ 1]; See also [Def. Ex. 2, (02/19/2008 offer letter) ].¹ Plaintiff was promoted to Associate Professor on Term in July 2013, following the publication of her second book, LAW AND HISTORY IN CERVANTES' DON QUIXOTE (2012), the previous year. [Def. D. Conn. Civ. L. R. 56(a) statement ¶¶ 1,3]; See [Def. Ex. 8 (09/26/2013 email from Adorno to Miller) ]. Plaintiff was reviewed for promotion to Professor with tenure during her eighth year. This matter arises from Plaintiff's tenure review, starting in the Spring 2015 semester. [Def. Ex. 17 (03/30/2015 Adorno letter to Byrne.) ].

A. Yale University's structure and tenure process

At the time of Plaintiff's tenure review, there were five senior faculty members in the Department: Rolena Adorno, Roberto González Echevarría, Anibal González-Pérez, David Jackson, and Noel Vallis. [Def. D. Conn. Civ. L. R. 56(a) statement ¶ 2]. The Department chair, Professor Adorno, reported to the Dean of Faculty of Arts & Sciences, Tamar Gendler. [Pl. Ex. 156 (Polak Depo.) at 4:8-6:16]. Dean Gendler reports to Provost Benjamin Polak, who in turn reports to the University's president. Id.

Yale sets a high standard for tenure: "Tenured faculty at Yale are expected to stand among the foremost leaders in the field throughout the world." [Def. Ex. 16 ("Yale FAS Steps for promotion ...") ]. The Yale Faculty Handbook (Jul. 1, 2014 ed.)[Def. Ex. 6 and Pl. Ex. 2] states that "[c]onsideration for tenure emphasizes the impact and continuing promise, at the very highest levels, of the candidate's research and scholarship ..." [at 31-2].

The tenure process for Faculty of Arts and Sciences ("FAS") is governed by a protocol referred to at Yale as "FASTAP." [Pl. Ex. 2 ("FAS Ladder Faculty Promotion Handbook, ed. Dec. 2015") ]; [Def. Ex. 16 ("Yale FAS Steps for promotion ...") ]. The process begins with the department chairperson notifying the candidate of the process by letter in March of the preceding academic year. [Def. Ex. 16 at 2]. By the end of March break, the candidate must submit: a detailed curriculum vitae, the names of up to three individuals who might serve as "arm's length" external referees to assess the candidate's work and up to three individuals who the candidate believes will not offer a fair assessment of their work, and a brief statement of research interest to guide the department in selecting referees. Id.

Then, the department chair forms a departmental faculty review committee among those eligible to vote on the tenure case, which is submitted to the Area Committee and the FAS Dean for approval. Id. The departmental faculty review committee then selects 10-15 outside scholars, who must be "... leading scholars ...," and subject to additional qualifications. Id. at 3. The department faculty review committee also identifies three comparison candidates who are "stars-rising or established-of the field broadly conceived." Id. This information is submitted by the department chair to the Area Committee and to the FAS Dean for approval. Id.

The tenure candidate then uploads their materials in August for distribution to the approved external referees who agreed to write an evaluation letter. Id. at 5-7. The candidate's materials and the external referees' evaluation letters are reviewed and discussed by the departmental faculty review committee for the purposes of making a recommendation to the department's faculty for a vote. Id. at 8. All eligible tenured faculty members may vote at the formal department meeting. [Faculty Handbook at 37]. Id. Voting is conducted by secret ballot. Id. Professor Byrne's tenure case did not progress past the departmental vote. [Def. D. Conn. Civ. L. R. 56(a) statement ¶¶ 23-24]

If the departmental vote was favorable, Plaintiff's tenure case would proceed to the Humanities Area Committee, then the Joint Board of Permanent Officers, and then the Yale Corporation for additional review. [Pl. Ex. 2 at 23, figure 6]; [Def. D. Conn. Civ. L. R. 56(a) statement ¶ 42].

B. Events leading up to the tenure review

Plaintiff's brief erroneously cites the standard for promotion to Associate Professor with Tenure [Dkt. 81 (Pl. Opp.) at 3] (citing to page 32 of the Faculty Handbook). Plaintiff was promoted to Associate Professor on Term, the standard for which is on page 31 of the Faculty Handbook. See Def. Ex. 5 (FAS Departmental Case Summary, for Professor Byrne's Promotion to Associate Professor of Spanish & Portuguese on Term for four years). For promotion to Associate Professor on Term "... candidates must present significant published research and scholarship representing early demonstrations of disciplinary and interdisciplinary leadership ..." [Faculty Handbook at 31]. The distinction is significant; unlike the standard for associate professor with tenure, the department need not be confident of the candidate's likelihood for promotion to full professor to promote the candidate to associate professor on term.

The parties dispute the characterization of the Department's prior assessment of Professor Byrne's scholarship during her candidacy for promotion to associate professor on term. Compare [Dkt. 70-1 (Def. Mem.) at 11-12]; [Pl. Ex. 2 (Byrne Aff.) at ¶ 16.]. Nevertheless, she was unanimously approved for promotion by the Department and from the Deans and the Humanities Advisory Committee. [Pl. Ex. 40 (05/10/2013 Email from Adorno to Byrne informing her of the favorable votes) ].

Two months after her promotion, Plaintiff sought Associate Professor Leave ("APL Leave") to work on a fourth book. [Def. D. Conn. Civ. L. R. 56(a) statement ¶ 7]; [Def. Ex. 7 (09/30/2013 E-mail from Adorno to Miller discussing Byrne's APL proposal) ]. Professor Adorno's email to Dean Mary Miller summarizes criticism from herself and Professors González Echevarría and Vallis, wherein she states that "... independently we found it quite poor ... [and] ... quite inadequate." Id. Plaintiff resubmitted the proposal the following year. [Def. D. Conn. Civ. L. R. 56(a) statement ¶ 7].

Plaintiff submitted a third draft of the proposal in November 2014, which was also denied. [Def. D. Conn. Civ. L. R. 56(a) statement ¶ 8]; [Def. Ex. 11 (Byrne APL proposal) ]. Plaintiff vehemently disagreed with the criticism of the revised APL proposal and responded with a dear colleague letter the next day. [Def. Ex. 10]. Plaintiff testified that the denial of her APL leave was the first instance that Professors Adorno, González Echevarría, and Vallis directed what she characterized as anger towards her. [Def. Ex. 4 (Byrne Depo.) at 88:1-7].

Plaintiff met with Yale College Dean Mary Miller in May of 2014 to discuss whether Professor Adorno should remain chair of the Department as part of a routine three year review process. [Def. Ex. 4 (Byrne Depo.) at 11:21-14:18, 28:1-25]. Plaintiff objected to Professor Adorno remaining the Department's chair because of ongoing conflicts among the faculty and graduate student complaints. [Id. at 28:1-12.].

In February 2015, Professor Byrne attended a university meeting regarding the tenure system. [Pl. Ex. 12 (02/06/2015, Byrne email to Lofton) ]. In a follow-up email, Professor Byrne complains about the FASTAP tenure system and hostility among three senior members of the faculty to granting tenure generally. Id. She states that her "... comments yesterday related to the problem of senior colleagues who have simply decided that they will never grant tenure to anyone, irrespective of the merits." Id. She cites the example of a male colleague in the Department who received twelve positive letters from external reviewers but was denied tenure on a 3-2 vote. Id.

Plaintiff suggests that the administration intervene, noting her upcoming tenure review. Id. Plaintiff writes that "... they are desperately trying to "create" a reason to deny me tenure where (and because) none exists." Id. (quotations and parenthetical in original). Professor Lofton forwarded the email to Dean of Humanities, Amy Hungerford. Id. None of this exchange references sexual harassment or discrimination. Id.

On March 6, 2015, an anonymous letter purporting to be on behalf of graduate students was distributed to the Department's faculty members and administration. [Pl. Ex. 46 ...