Gutzwiller v. Fenik
| Decision Date | 01 November 1988 |
| Docket Number | Nos. 86-3852,86-3854 and 86-3916,s. 86-3852 |
| Citation | 860 F.2d 1317 |
| Parties | 48 Fair Empl.Prac.Cas. 395, 48 Empl. Prac. Dec. P 38,398, 12 Fed.R.Serv.3d 994, 50 Ed. Law Rep. 32 Kathryn J. GUTZWILLER, Plaintiff-Appellant, Cross-Appellee (86-3852/86- 3854), Plaintiff-Appellee, (86-3916), v. Bernard C. FENIK; Getzel M. Cohen; Joseph Steger; Gisela Walburg; Gerald Cadogan; Archie Christopherson; Michael Sage; T.M. Bell; the University of Cincinnati; Paul W. Christensen, Jr.; Dr. Charles M. Barrett; Walter E. Bartlett; Rev. Dr. L. Venchael Booth; William J. Keating, Jr.; Marjorie B. Parham; John H. Hermanies; Lyle Everingham; Stanley M. Chesley; and Norman Baker, Defendants-Appellees, (86-3852). Appeal of Bernard C. FENIK and Getzel M. Cohen, Defendants-Appellees, Cross-Appellants, (86-3852/86-3854). Appeal of Joseph A. STEGER, Defendant-Appellant, (86-3916). |
| Court | U.S. Court of Appeals — Sixth Circuit |
Eric C. Holzapfel, argued, Wood & Lamping, Cincinnati, Ohio, for gutzwiller.
Robert A. Pitcairn, Jr., argued, Katz, Teller, Brant & Hild, Cincinnati, Ohio, for Steger.
Kenneth R. Faller, argued, Cincinnati, Ohio, Beckman, Weil, Shepardson, & Faller, for all other defendants-appellees.
James B. Helmer, Jr., argued, Cincinnati, Ohio, Virginia Conlan Whitman, for Fenik and Cohen.
Before JONES, WELLFORD and GUY, Circuit Judges.
Plaintiff, Kathryn Gutzwiller, brought this action against the University of Cincinnati ("the University" or "UC") and a number of individual defendants claiming, among other things, that defendants' decision to deny her a promotion with tenure in the University's Classics Department was the result of sex discrimination. Gutzwiller brought suit under 42 U.S.C. Sec. 1983 (1982) for alleged deprivations of equal protection and substantive due process, and under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. (1982), for discriminatory treatment in employment.
Gutzwiller's section 1983 claims proceeded to trial against seven of the individual defendants. 1 The jury found that two of these defendants, Getzel Cohen and Bernard Fenik, had intentionally discriminated against Gutzwiller thereby depriving her of equal protection. The jury further found that three of the defendants--Cohen, Fenik, and Joseph Steger--had not given Gutzwiller's tenure application "fair consideration" thereby denying her substantive due process of law. After a separate damages trial, the jury awarded compensatory and punitive damages consistent with the verdicts.
The trial court, holding that it was not bound by the jury's findings of liability on the section 1983 causes of action, dismissed the Title VII claim and denied Gutzwiller equitable relief, 645 F.Supp. 363. In addition, the court granted defendant Steger's post-trial motion for judgment notwithstanding the verdict ("JNOV") and set aside all punitive damages against defendants Fenik and Cohen. However, the court denied Fenik and Cohen's post-trial motions for a new trial on the issue of liability under section 1983.
For the reasons that follow, we affirm the district court's denial of a new trial as to Fenik and Cohen and affirm the grant of a JNOV as to Steger. However, we reverse the lower court's decision to set aside the award of punitive damages as to Fenik and Cohen. Moreover, we reverse the district court's dismissal of the Title VII claim and remand for a determination of the appropriate equitable relief.
The following facts were established at trial. Dr. Kathryn Gutzwiller was hired as an assistant professor in a tenure track position by the University of Cincinnati Department of Classics ("Department") effective September 1, 1978. Gutzwiller's employment with the University was governed by the collective bargaining agreements entered into between the University and the UC Chapter of the American Association of University Professors ("AAUP"). Gutzwiller's initial appointment was for a period of two years extending through August 31, 1980. Her initial two-year contract was renewed twice by the University, for a total appointment of six years. She was then reappointed for one additional year.
At the time Gutzwiller was hired, the Department consisted of twelve faculty members. At that time, Professor Kathryn Pearson, the only female member of the Department, was on tenure track but she was ultimately denied tenure in 1981. Until Professor Gisela Walberg, an archaeologist, obtained tenure in 1982, no woman had ever been tenured in the Department.
Gutzwiller's academic specialty is Classical Philology, which consists of the study of literature from the classical period and the use of language in that literature. While her primary area of specialization is Greek literature (which makes her a "Hellenist"), she has also taught graduate classes in Roman literature (which also makes her a "Latinist"). Professor Ann Michelini, another female professor in the Department who was hired at the same time as Gutzwiller, also specializes in Greek literature. According to Gutzwiller, at the time she and Michelini were hired, they were told by defendant Bernard Fenik, the head of the Department at that time, that they were on tenure track and would attain tenured positions if they met the Department's criteria.
Gutzwiller apparently performed very well in her position, as evidenced by her two reappointments and steady progression toward tenured status. Moreover, Gutzwiller received high marks for her teaching, participated in departmental matters, and wrote a book, based in part on her Ph.D. dissertation, which was accepted for publication. Nevertheless, in Gutzwiller's June 1981 year-end review, Fenik told Gutzwiller that a book based on her doctoral dissertation was insufficient and that it was important that she publish another book, "independent of the Ph.D. dissertation." J. App. at 1994. Fenik told Gutzwiller that this second book would be given "considerable weight [by him] in a decision on tenure." Id. At this time, Fenik also stated that the potential termination of Pearson would create an imbalance in the Department between Hellenists and Latinists and that this could result in Gutzwiller's termination. Gutzwiller expressed her opinion that any dismissal based on such an imbalance was improper under the collective bargaining agreement, and that she would oppose any attempt to dismiss her for such a reason. Id.
By the summer of 1981, defendant Getzel Cohen had replaced Fenik as Head of the Department. Because it was apparent from her discussion with Fenik that another book would be necessary in order for her to receive tenure, Gutzwiller wrote to Cohen in September of 1981 requesting leave for the 1982-83 academic year so that she could work on her new book. Gutzwiller's request consisted of one quarter of special duty assignment at full salary (to which she was entitled by virtue of having completed four years of full-time services at the University) and two quarters of professional leave without pay. Id. at 1996. Gutzwiller's request for professional leave was denied by Cohen. Moreover, her one-quarter of special duty assignment leave was not given until the third quarter of 1983, just prior to when she was to apply for promotion with tenure. According to Gutzwiller, this effectively precluded any possibility of completion of her second book prior to her tenure review.
In his 1982 year-end review of Gutzwiller, Cohen, like Fenik, made reference to the need for further publication, stating that "much will depend on further work produced by Professor Gutzwiller." Id. at 1997. Cohen also alluded to the imbalance in the Department and its likely role in future tenure decisions. According to Gutzwiller, as a result of the alleged imbalance between Latinists and Hellenists, she and Michelini were competing for a single tenured position in the Department. This was contrary to Fenik's representation to them at the time of their hirings and in violation of the AAUP agreement. When questioned by Michelini in the spring of 1983, Cohen confirmed that Michelini and Gutzwiller were indeed competing against each other and that only one of them would receive tenure. Id. at 737-40.
An assistant professor's candidacy for tenure and promotion to associate professorship status is normally considered during her sixth academic year, which in Gutzwiller's (and Michelini's) case was the 1983-84 academic year. Application is first made at the department level and is considered by both the Department Head (Cohen) and a departmental committee called the Reappointment, Promotion and Tenure Committee ("RPTC" or "Committee") The RPTC is made up of the five tenured faculty members of the Department other than the Department chairman. 2 The chairman of the Committee (who at the time was Fenik) and the Department Head each make a separate recommendation to the Dean of the College of Arts and Sciences. The Dean makes a recommendation to the University Provost who, in turn, makes a recommendation to the University President. Finally, the President makes a recommendation to the University Board of Trustees. The candidate's dossier is transmitted at each level of the process.
At the time Gutzwiller applied, tenure decisions within the Department were based upon three published criteria: teaching, scholarship and service to the Department. The emphasis on these factors was consistent with Article VI, p 5.A of the AAUP agreement which required that academic performance be the sole criterion for promotion decisions. Scholarship, as evidenced by the quality of a candidate's published works, was the factor upon which the Department placed primary importance. The Department's subjective assessment of a candidate's scholarship was assisted by evaluations obtained from a number of scholars outside the University. Generally, five outside evaluators were selected for each candidate. Because...
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