Daniels v. Board of Curators of Lincoln University
| Decision Date | 30 January 2001 |
| Parties | (Mo.App. W.D. 2001) . Bob Daniels, Respondent v. Board of Curators of Lincoln University, Appellant. WD57215 and WD57255 Missouri Court of Appeals Western District Handdown Date: 0 |
| Court | Missouri Court of Appeals |
Appeal From: Circuit Court of Cole County, Hon. Byron Kinder
Counsel for Appellant: Keith Fuller
Counsel for Respondent: Robert Desselle
Opinion Summary: The Board of Curators of Lincoln University appeals judgment in favor of Bob Daniels on claims of violation of procedural due process. The University claimed that the court erred in denying its motion for judgment notwithstanding the verdict and challenges the verdict directing instruction submitted to the jury.
AFFIRMED.
Division holds:
(1) Daniels established that he had a protected property interest in his continued employment, thus entitling him to notice of the reasons for termination and an opportunity to be heard.
(2) The University's contentions of error with respect to whether Daniels had a protected liberty interest, and the verdict director, were not preserved for appeal and, therefore, are not reviewed.
This appeal arises from a judgment in favor of Bob Daniels against the Board of Curators of Lincoln University. Daniels' petition contained ten counts, but at trial only three were submitted to the jury: (1) race discrimination, (2) age discrimination, and (3) violations of his procedural due process rights as a government employee in his termination without a hearing. The jury awarded Daniels $200,000 on his procedural due process claim, but found for the University on the discrimination claims. The University appeals, contending that the court erred in denying its motion for judgment notwithstanding the verdict on the due process claim because: (1) Daniels failed to establish that he had a property interest in continued employment with the University as vice-president of student affairs; and (2) Daniels was not deprived of a liberty interest because there was no publication by the University of its reasons for dismissing Daniels, nor was he subsequently unable to take advantage of other employment opportunities. The University also challenges the verdict directing instruction submitted to the jury. Because we find that any claimed error regarding the instruction was not properly preserved, we do not address it. Because we find that Daniels established a property interest, we affirm the judgment.
Mr. Daniels began employment with Lincoln University in July 1989 as vice-president of student affairs and associate professor of education, a non-tenured faculty position. He attained tenure after one year and received a full professorship. At the time of hiring, Daniels had a written contract of employment as a faculty member, but no contract was in place regarding his position as vice-president of student affairs. His claim here involves only his termination from the non-academic position of vice-president of student affairs.
Daniels testified that he had conflicts with peer administrators from the beginning of his employment with the University in 1989 due to communication difficulties. For example, there were conflicts between him and another vice-president as to repairs to be made in student dormitories. On another occasion, when a vacancy opened in the University counseling center, Daniels received a recommendation from the director of the counseling system that the University president's wife should apply for the position. Daniels conveyed to the president the director's suggestion and expressed concerns about it. After meeting with the university president, Mr. Rayburn, and the university personnel director and university attorney, and after being assured that Mrs. Rayburn was a legally acceptable candidate, Daniels recommended her for the position. The Board of Curators approved the appointment. After serving as counselor for a time, Mrs. Rayburn became the interim director of the counseling center. Just a few weeks prior to President Rayburn's decision to terminate him, Daniels complained to President Rayburn that Mrs. Rayburn was being paid for time she did not work and recommended that she be suspended. The president advised Daniels that he would refer the issue to the Board of Curators. Daniels points out that the state auditor later found that Mrs. Rayburn indeed was overpaid and owed the University $5,000. On yet another occasion, Daniels was charged with investigating an allegation of hazing by a University fraternity. He complained about how another administrator had handled the investigation. When he discovered that one of the participants in the hazing was the son of a member of the Board of Curators, that member told him to cease the investigation or "heads would roll." Daniels testified that he took it as a threat.
On August 7, 1995, President Rayburn informed Daniels by letter that he was recommending to the Board of Curators that Daniels be removed as vice-president. The letter set forth reasons for his recommended termination, such as complaints about Daniels' performance, allegations of racist and sexist remarks by Daniels, and insubordination by Daniels. Daniels notes, however, that prior to the letter of August 7, the only correspondence Daniels ever received from the president indicated that he was doing a good job. Daniels claims that the president's actions came only after Daniels challenged the improper payments to Mrs. Rayburn.
Daniels requested a "bill of particulars" as to why he was to be terminated, and he requested a hearing. In September of 1995, the Board of Curators met and discussed Daniels' removal as vice-president. The Board did not hold a hearing because it was surprised when Daniels appeared at the meeting. On November 10, 1995, Daniels received a letter from President Rayburn advising Daniels that the Board had approved his termination as vice-president. On November 27, 1995, the Board wrote Daniels and advised him of his termination. As vice-president and professor, Daniels' salary was $73,000 annually; whereas after termination as vice-president, his salary was $57,000 or $59,0001 annually as a faculty member. He continued in the professor position, and continued receiving incremental wage increases, until his departure in early 1999 when he accepted a teaching position with St. Paul's College for $50,000 annually.
The University claims the trial court erred in denying its motion for judgment notwithstanding the verdict on Daniels' due process claims for the following reasons:
1. The evidence established that Daniels did not have a property interest because he is an at-will employee, who could be terminated for any reason or for no reason;
2. Daniels did not have a liberty interest because there was no publication by the university of the reasons for the termination.; and
3. The submission of the verdict directing Instruction No. 9 to the jury did not properly instruct the jury regarding findings required for plaintiff to prevail on his due process claim.
In reviewing a denial of a motion for judgment notwithstanding the verdict, review is essentially the same as for review of a denial of a motion for directed verdict -- we review the record to determine whether the plaintiff made a submissible case. Brenneke v. Dept. of Missouri, Veterans of Foreign Wars, 984 S.W.2d 134, 137 (Mo. App. 1998). A case "may not be submitted 'unless each and every fact essential to liability is predicated upon legal and substantial evidence.'" Id. In determining whether the evidence was sufficient to support the jury's verdict, we view the evidence in the light most favorable to the result reached by the jury, giving the plaintiff the benefit of all reasonable inferences and disregarding evidence and inferences which conflict with that verdict. Id. If the record contains probative facts to support the conclusion reached by the jury, we will affirm. Id. If a party makes a case under any theory submitted to the jury, the motion for directed verdict and motion for judgment notwithstanding the verdict are properly denied. Nelson v. Wabash Railroad Company, 300 S.W.2d 407, 409 (Mo. 1957). Thus, for example, if a party submits alternative theories of negligence and there is evidence to support one of the theories, the trial court would not commit error in overruling a motion for directed verdict. DeLay v. Ward, 262 S.W.2d 628, 630 (Mo. banc 1953). Rule 72.01(a) requires that a motion for directed verdict state the specific grounds therefore. A motion for judgment notwithstanding the verdict is a motion "to have judgment entered in accordance with the motion for a directed verdict." Rule 72.01(b). Therefore, a sufficient motion for directed verdict is required to preserve the motion for judgment notwithstanding the verdict and for appeal. Fust v. Francois, 913 S.W.2d 38, 45 (Mo. App. 1995).
An issue not raised in a motion for directed verdict may not be used to seek a judgment notwithstanding the verdict on that issue or for obtaining appellate review of the trial court's denial of judgment notwithstanding the verdict on that ground. Hatch v. V.P. Fair Foundation, Inc., 990 S.W.2d 126, 137-8 (Mo. App. 1999). Our review of the legal file does not reveal a copy of either a motion for directed verdict at the close of the plaintiff's evidence or at the close of all the evidence. It is the obligation of the University, as the appellant, to provide us with a sufficient record to show preservation of its issues on appeal for us to review those issues. American Express Travel Related Services v. Mace, 26 S.W.3d 613, 615 (Mo. App. 2000). Although it is preferable that a motion for directed verdict be in writing, it also may be made orally. Our review...
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...322 (Mo.App. W.D.1979). The reason for this rule of law is equally clear. As this court explained in Daniels v. Board of Curators of Lincoln University, 51 S.W.3d 1 (Mo.App. W.D.2001): Rule 72.01(a) requires that a motion for directed verdict state the specific grounds therefore. A motion f......
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...Admitting they “did not have express employment contracts,” the chiefs rely on Daniels v. Board of Curators of Lincoln University, 51 S.W.3d 1 (Mo.Ct.App.2001), to argue Monarch implicitly promised not to terminate the chiefs without [771 F.3d 1090] good cause. The chiefs maintain this impl......
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Crews v. Monarch Fire Prot. Dist.
...state law presumption. Admitting they “did not have express employment contracts,” the chiefs rely on Daniels v. Board of Curators of Lincoln University, 51 S.W.3d 1 (Mo.Ct.App.2001), to argue Monarch implicitly promised not to terminate the chiefs withoutgood cause. The chiefs maintain thi......
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Crews v. Monarch Fire Prot. Dist.
...state law presumption. Admitting they “did not have express employment contracts,” the chiefs rely on Daniels v. Board of Curators of Lincoln University, 51 S.W.3d 1 (Mo.Ct.App.2001), to argue Monarch implicitly promised not to terminate the chiefs withoutgood cause. The chiefs maintain thi......