Corneal v. McCurdy
| Decision Date | 15 September 2021 |
| Docket Number | Civil Action RDB-19-3393 |
| Parties | MAUREEN K. CORNEAL, Plaintiff, v. DEBRA MCCURDY, et al., Defendants. |
| Court | U.S. District Court — District of Maryland |
Plaintiff Maureen K. Corneal (“Corneal” or “Plaintiff”), proceeding pro se, brings this employment discrimination action seeking prospective injunctive relief against Defendants Debra McCurdy, Kurt Schmoke, Maria Rodriguez, and Michelle Williams (collectively, “Defendants”), all in their official capacities as officers of Baltimore City Community College (“BCCC”). Corneal originally asserted unlawful discrimination (Count I) and retaliation (Count II) based on her age, in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seq. (Compl., ECF No. 1.) On April 20, 2020 this Court dismissed Corneal's retaliation claim (Count II) for failure to exhaust administrative remedies. (ECF No 16.) Accordingly, the sole remaining count before this Court is Corneal's claim of age discrimination (Count I). Corneal has been permitted to engage in discovery to support her claim. Now pending is Defendants' Motion for Summary Judgment. (ECF No. 42.) The parties' submissions have been reviewed and no hearing is necessary. See Local Rule 105.6 (D. Md. 2021). For the reasons that follow Defendants' Motion for Summary Judgment (ECF No. 42) is GRANTED, and summary judgment shall be ENTERED in favor of Defendants on the sole remaining count (age discrimination) of Plaintiff's Complaint (ECF No. 1).
In ruling on a motion for summary judgment, this Court reviews the facts and all reasonable inferences in the light most favorable to the nonmoving party. Scott v. Harris 550 U.S. 372, 378 (2007); see also Hardwick ex rel. Hardwick v. Heyward, 711 F.3d 426, 433 (4th Cir. 2013). In 2014, Plaintiff Corneal was hired by Baltimore City Community College (“BCCC”) as Vice President of Institutional Advancement, Marketing, and Research (“VP IAMR”). (Corneal Offer Letter, ECF No. 48-2.) Corneal began her employment with BCCC on June 2, 2014, when she was 52 years old. (Id.; Corneal EEOC Charge at 6, ECF No. 48-17 ().) In her role as Vice President of Institutional Advancement, Marketing, and Research, Corneal supervised a team of approximately fourteen professionals, two creative agencies, and several vendors. (Corneal Position Description, ECF No. 48-29.) Corneal also was responsible for five areas of supervision: (1) institutional advancement; (2) the BCCC Foundation; (3) marketing and communications; (4) community and alumni relations; and (5) research. (Id.) In addition, five positions reported to Corneal as VP IAMR: (1) Director of Media and Community Relations; (2) Director of Marketing Communications; (3) Director of Development; (4) Director of Grant Development; and (5) Associate Vice President, Institutional Research, Effectiveness and Planning (created in 2015). (IAMR Organizational Chart, ECF No. 48-10.)
Corneal, an at-will Administrative Professional employee, was also a member of the president of BCCC's cabinet and executive staff and she reported directly to the president. (Corneal Position Description, ECF No. 48-29; Dr. May Declaration ¶ 5, ECF No. 48-32.) In September 2014, three months after Corneal began her employment, Dr. Gordon May became president of BCCC. (Dr. May Declaration ¶ 3, ECF No. 48-32.) On July 28, 2015, Dr. May evaluated Corneal for the 2014-2015 academic/fiscal year and gave her an evaluation of “Exceeds Standards.” (Corneal 2015 Evaluation, ECF No. 48-4.) Corneal was also voted “Administrator of the Year” by BCCC in 2015. (Administrator of the Year Award, ECF No. 48-5.)
In 2015, upon recommendation from the Middle States Commission on Higher Education, BCCC created a position to oversee institutional research, effectiveness, and planning. (Corneal Dep. Tr. at 29:9-31:12, ECF No. 42-6; Middle States Commission Report April 2015, ECF No. 42-39.) The new position, Associate Vice President of Institutional Research, Effectiveness, and Planning would report directly to Corneal as VP of Institutional Advancement, Marketing, and Research. (Corneal Dep. Tr. at 29:9-30:18, ECF No. 42-6; IAMR Organizational Chart, ECF No. 48-10.) The Associate VP's responsibilities included, inter alia, leadership, management, institutional effectiveness, strategic planning and assessment, and research. (Associate VP Position Description, ECF No. 42-21.) On July 22, 2015, BCCC hired Dr. Nassim Ebrahimi to fill the Associate VP position. (Ebrahimi Appointment Letter, ECF No. 42-20.) Dr. Ebrahimi is approximately sixteen years younger than Plaintiff Corneal. (Compl. ¶ 26, ECF No. 1.)
As a state-funded institution, BCCC is accountable to the Maryland General Assembly, which has most recently scrutinized BCCC's leadership, finances, and organizational structure due to declining enrollment. (Corneal Dep. Tr. at 25:9-26:15, ECF No. 42-6; Schaefer Center Report, ECF No. 42-11.) In November 2015, BCCC hired the Schaefer Center for Public Policy at the University of Baltimore pursuant to the Maryland General Assembly's requirement that BCCC “hire an outside consultant to conduct an operational review of the college.” (Schaefer Center Report, ECF No. 42-11.)
After interviewing BCCC students and employees and analyzing data from BCCC and its peer institutions, the Schaefer Center issued its “Joint Chairman's Report” on August 1, 2016, which made twelve recommendations, including implementing “transformational leadership, ” aligning its budget “with realistic enrollment projections, ” engaging in a “top-down review of positions and staff, ” forging “meaningful relationships with key constituencies and partners, ” and rebuilding BCCC's brand. (Id.) The Schaefer Center Report also found that BCCC's finances were unsustainable “in the face of significant enrollment declines” and that BCCC “had failed to adjust its personnel levels to match the decline in enrollment.” (Id.)
During the summer of 2016, Dr. May, Dr. Todd Yeary, then-Chair of BCCC's Board, and Bryan Perry, then BCCC's General Counsel, began discussing the reorganization of BCCC's senior leadership structure based on the recommendations in the Schaefer Center Report. Specifically, they discussed the possibility of hiring Dawn Kirstaetter, who previously served as Deputy Mayor of Baltimore City for Health, Human Services, and Education, to work at BCCC. (Id.) They believed that hiring Ms. Kirstaetter would help BCCC to build strong partnerships with agencies in Baltimore City, including the mayor's office and Baltimore City Public Schools. (Dr. May Declaration ¶ 16, ECF No. 48-32; Defs.' Resp. to Pl.'s First Set of Interrogatories, No. 5, ECF No. 42-12.) As a result, Dr. May decided to restructure the Institutional Advancement, Marketing, and Research division, to terminate Plaintiff Corneal's employment, and to reassign her duties to Dr. Ebrahimi while aiming to hire Ms. Kirstaetter to address BCCC's need to build strategic partnerships. (Id.) Dr. May, Dr. Yeary, and Mr. Perry believed that Ms. Kirstaetter had stronger current business relationships with people in Baltimore City agencies than did Corneal. (Id.; Corneal Dep. Tr. at 76:11-77:18, ECF No. 42-6.)
On August 8, 2016, Dr. May and Human Resources Executive Director Michelle Williams met with Corneal and told her that BCCC was “going in a different direction, ” and that she “need[ed] to resign or be terminated.” (Corneal Dep. Tr. at 89:11-18, ECF No. 42-6; Dr. May Declaration ¶ 17, ECF No. 48-32.) Corneal resigned and received a severance payment of $10, 830.00. (Corneal Resignation Letter, ECF No. 48-6; Corneal Release of Claims, ECF No. 48-7; BCCC Acceptance of Corneal Resignation Letter, ECF No. 48-8.) On August 19, 2016, Dr. Ebrahimi, then 38 years old, was appointed to the position of Interim Vice President of Institutional Advancement, Marketing, and Research for a period of six months, until February 2017. (Ebrahimi Acting Capacity Appointment Letter, ECF No. 48-9; Ebrahimi Personnel Action Forms, ECF No. 48-39.)
Dr. Ebrahimi's salary was increased to $120, 515 but was still below Corneal's starting salary of $138, 410. (Id.; Corneal Offer Letter, ECF No. ECF No. 48-2.) In addition to serving as the Interim Vice President of Institutional Advancement, Marketing, and Research, Dr. Ebrahimi continued in her role as Associate Vice President of Institutional Research, Effectiveness, and Planning. (Dr. May Declaration ¶ 20, ECF No. 48-32.)
In November of 2016, Dr. May offered Ms. Kirstaetter the position of Interim Vice President of Institutional Advancement and Strategic Partnerships, which she began on December 5, 2016. (Kirstaetter Appointment Letter, ECF No. 42-23.) Funding for this position came from Corneal's former position of Vice President of Institutional Advancement, Marketing, and Research. (Dr. May Declaration ¶ 22, ECF No. 48-32; Kirstaetter Personnel Action Form, ECF No. 48-40; Corneal Personnel Action Requisition Form, ECF No. 42-26.)
Dr. May renewed Dr. Ebrahimi's appointment as Interim Vice President of Institutional Advancement, Marketing, and Research from February 2017 to June 2017. (Ebrahimi Personnel Action Forms, ECF No. 48-39.) On June 19, 2017, Dr. Ebrahimi resigned. (Ebrahimi Resignation Letter, ECF No....
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