Croushorn v. Board of Trustees of Univ. of Tenn.

• Decision Date: 19 June 1980
• Docket Number: No. 76-316-NA-CV.,76-316-NA-CV.
• Citation: 518 F. Supp. 9
• Parties: James M. CROUSHORN v. BOARD OF TRUSTEES OF UNIVERSITY OF TENNESSEE and the University of Tennessee. James M. CROUSHORN v. Horace BASS, Ben T. Granger, and the University of Tennessee.
• Court: U.S. District Court — Middle District of Tennessee

518 F. Supp. 9

James M. CROUSHORN v. BOARD OF TRUSTEES OF UNIVERSITY OF TENNESSEE and the University of Tennessee.

James M. CROUSHORN v. Horace BASS, Ben T. Granger, and the University of Tennessee.

No. 76-316-NA-CV.

United States District Court, M. D. Tennessee, Nashville Division.

June 19, 1980.

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George C. Paine, II, Nashville, Tenn., for plaintiff.

R. A. Ashley, Atty. Gen., State of Tenn., Nashville, Tenn., William J. Haynes, Jr., Asst. Atty. Gen., Beauchamp E. Brogan, Gen. Counsel, University of Tennessee, Ronald C. Leadbetter, Knoxville, Tenn., for defendants.

MEMORANDUM

MORTON, Chief Judge.

Plaintiff James M. Croushorn instituted two actions in this court, which have been consolidated for trial. In the first action, plaintiff, a white male, claims that his employers, the University of Tennessee (the University) and its Board of Trustees, discriminated against him on the basis of race in violation of 42 U.S.C. ? 2000e-2 and that they retaliated against him by discharging him in violation of 42 U.S.C. ? 2000e-3. During trial plaintiff withdrew his claim of reverse racial discrimination, leaving only the retaliatory discharge claim for consideration by the court. Plaintiff seeks compensatory damages, attorney's fees, and injunctive relief in this first cause. In the second action, plaintiff contends that defendants Horace Bass, former Commissioner of Human Services for the State of Tennessee, Ben P. Granger, Dean of the School of Social Work of the University (UTSSW), and the University infringed upon his first amendment rights in violation of 42 U.S.C. ?? 1983, 1985, and 1986. In this action, plaintiff seeks compensatory damages, punitive damages, attorney's fees, and injunctive relief. Prior to the filing of the first action, plaintiff fulfilled all statutory prerequisites for Title VII suits. Jurisdiction over both these causes is predicated upon 28 U.S.C. ? 1343.

I. THE EMPLOYMENT DISCRIMINATION CLAIM

A. FACTS

In September 1974, plaintiff commenced his employment as an assistant professor of social work on the faculty of the Nashville branch of the UTSSW. His annual salary was $14,500. At the same time, Dr. John Colen, a black male, and Ms. Josephine Allen, a black female, also joined the faculty of UTSSW. During his first quarter of employment, plaintiff became aware that Colen had been hired as an associate professor, the rank above assistant professor, despite his lack of teaching experience. Plaintiff, who also had not previously taught, decided to investigate the matter further to determine whether there was inequity between his salary and Colen's. In order to obtain information, plaintiff checked the public records at the Tennessee Higher Education Commission. Although Colen's salary was not listed, plaintiff learned that Allen, who was also in her first teaching position, was receiving a salary of $16,500. Since Allen had been hired as an assistant professor, plaintiff speculated that Colen's salary as an associate professor was equal to or greater than Allen's. Plaintiff believed that he, Allen, and Colen were all performing virtually identical jobs. None of them had teaching experience, and only plaintiff and Colen had received their doctorate degrees. Plaintiff therefore believed that he was more highly qualified than Allen and that he and Colen were equally qualified. See Trial Transcript, at 53, 55. Based on this information, plaintiff concluded that there was inequity among the three salaries, and he decided that the differences resulted from reverse racial discrimination against him.

In early December, plaintiff contacted Colen and Allen to inform them that he intended to raise the matters of salary inequity and reverse racial discrimination formally with Dean Granger, the Department of Labor, and the Equal Employment Opportunity Commission. After Colen and Allen expressed to Dean Granger their concerns about plaintiff's activities, the dean and Dr. Bonovich, the director of the Nashville branch of the UTSSW, called plaintiff to question him about his complaints. They also related their extreme dissatisfaction that plaintiff had not confronted the administration with the problem before contacting other faculty members. Plaintiff stated that he was preparing a letter containing his allegations of salary inequity and that he would soon mail it to them. After receiving the letter, Dean Granger and Dr. Bonovich met with plaintiff to discuss the reverse discrimination complaint and also the manner in which plaintiff had pursued it. The conference was unproductive. The administrators primarily emphasized the inappropriateness of plaintiff's discussing salary complaints with Colen and Allen. The dean made no effort to explain that Colen and Allen were considered more highly qualified than plaintiff and thus entitled to higher salaries, but instead he insisted that no discrimination had occurred. Plaintiff, however, continued to believe that he was a victim of reverse discrimination.

In February 1975, Dr. Bonovich, following normal University procedures, prepared an annual "Academic Evaluation Form" on which plaintiff's professional performance was appraised. Dr. Bonovich rated plaintiff "satisfactory" overall, "satisfactory" or better on nine separate areas of evaluation, and "unsatisfactory" in one category designated as "institutional commitment." See Trial Exhibit P-9. Although Dr. Bonovich made no recommendation about whether or not plaintiff should be retained for the next academic year, he assumed that based on the evaluation plaintiff would be retained. See Trial Transcript, at 444.

Dr. Bonovich based his "unsatisfactory" rating in the area of institutional commitment primarily on the manner in which plaintiff proceeded with his salary complaint and an earlier grievance concerning Bonovich's handling of a security problem at Clement Hall, the facility housing the UTSSW. The Clement Hall incident had erupted when Bonovich assigned each male faculty member the responsibility of supervising the closing of the building one evening every two weeks. Plaintiff immediately objected to this assignment as an encroachment on his time and in writing refused to participate. See Trial Exhibit D-7. In a memorandum Bonovich explained to plaintiff that he could not simply refuse to participate but that he could appeal Bonovich's decision to the Dean. Plaintiff wrote several comments on this memorandum labeling Bonovich's conduct as authoritarian and calling for a discussion of the issue at the next meeting of the faculty, and he circulated copies to the male faculty members. Id. Bonovich again informed plaintiff of the proper method of reviewing an administrative decision of the branch director and advised him that neither formal nor informal review by the faculty was appropriate. Id. The issue was ultimately resolved when male and female faculty members volunteered to perform the assignment.

Dean Granger, who was aware of plaintiff's salary complaint and the Clement Hall episode, informed plaintiff that he believed that Bonovich's evaluation of plaintiff had been too generous in some areas; he did not, however, indicate whether or not he would recommend that plaintiff be retained for the next academic year. On February 17, 1975, plaintiff contacted Granger by telephone to inquire whether he had made a decision on retention, and Granger stated that he had not. Plaintiff then advised Granger that he intended to file the next day a formal EEOC charge against the University on the ground of reverse racial discrimination. The following day, February 18, plaintiff filed the charge, by mail, with the EEOC; he also sent a copy to Dean Granger. On the same day, Granger, with full knowledge of plaintiff's intention to file the charge, recommended to Dr. Smith, the Vice Chancellor of Graduate Studies, that plaintiff not be retained on the faculty the following year. In justifying the recommendation, Granger noted that

up until recently Mr. Croushorn had not gone through administrative channels or the established University process in discussing his grievances. For example, he has initiated reverse discrimination charges without initially discussing the matter with the Dean or with the University administration.

See Trial Exhibit P-11; Stipulations, No. 17 (filed June 11, 1979). The next day, Granger revised the evaluation made by Bonovich and inserted his own evaluation of plaintiff as "unsatisfactory" overall. In explanation, Granger wrote:

Mr. Croushorn has been extremely uncooperative. He has been unwilling to accept certain branch assignments as a member of the faculty. There have been specific situations where he initiated action without first discussing the concern with Dr. Bonovich or myself, or through University processes.

Although he may have qualities of good teaching, he has been very difficult to work with and insists on going outside of University procedure on issues that he disagrees on.

See Trial Exhibit P-9; Stipulations, No. 18 (filed June 11, 1979). On February 25, plaintiff received notification, by letter dated February 20, that he would not be retained and that his duties would end with the close of the spring quarter. On March 4, plaintiff filed an additional charge with the EEOC alleging that the University had discharged him in retaliation for his filing the discrimination complaint with the EEOC.

Plaintiff simultaneously commenced an appeal of the nonretention decision through the University's appeals apparatus, based, in part, on his claim that tenured faculty at the Nashville branch were not consulted in the making of the nonretention decision as required by the University handbook. The tenured faculty supported plaintiff's claim and urged the repeal of the decision on this ground. In April, plaintiff, his attorney, the University's...