Hines v. Ohio State University, 94CV01088.

Decision Date01 April 1998
Docket NumberNo. 94CV01088.,94CV01088.
Citation3 F.Supp.2d 859
PartiesMargaret H. HINES, Ph.D., Plaintiff, v. The OHIO STATE UNIVERSITY, College of Medicine, Defendant.
CourtU.S. District Court — Southern District of Ohio

John Spenceley Marshall, Columbus, OH, for Plaintiff.

Wanda Lees Carter, Moots, Cope & Stanton, Columbus, OH, for Defendant.

OPINION AND ORDER

MARBLEY, District Judge.

INTRODUCTION

This matter comes before the Court on Defendant's Motion for Summary Judgment. Plaintiff, Dr. Margaret H. Hines, Ph.D., brings this action against Defendant, The Ohio State University,1 alleging violations of her rights under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, et seq., the Civil Rights Act of 1991, 42 U.S.C. § 1981 ("§ 1981"), and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq. (as amended). For the reasons set forth below, Defendant's Motion for Summary Judgment is GRANTED with respect to Plaintiff's gender discrimination claim under § 1981 in Count I of the Complaint,2 and DENIED with respect to Plaintiff's gender discrimination claim under Title VII in Count I, Plaintiff's age discrimination claim under the ADEA in Count II, and her retaliation claim under both Title VII and the ADEA in Count III of the Complaint.

STATEMENT OF FACTS

Plaintiff, Dr. Margaret Hines, is a seventy-four year old Associate Professor in the College of Medicine at The Ohio State University. A tenured member of the Department of Cell Biology, Neurobiology & Anatomy, Plaintiff has been employed by The Ohio State University since 1962, first as an Assistant Anatomy Instructor. In 1974, Plaintiff obtained a Ph.D. in Student Personnel Administration in the College of Education. She was then promoted to Assistant Professor of Anatomy. Later, in 1981, Plaintiff was promoted to Associate Professor, the position she currently holds.

Plaintiff has sought, and has been refused, promotion to the rank of Full Professor four times: in academic years 1989-90, 1990-91, 1991-92 and 1995-96. Each of the first three times, Plaintiff was recommended by her Department Promotion and Tenure Committee ("Department Committee"), but rejected at the higher levels in the University. After her third denial. Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC"), alleging age and sex discrimination. Following the issuance of a "right-to-sue" letter by the EEOC, Plaintiff filed this action on November 10, 1994.

Plaintiff was again considered for a promotion during the 1995-96 academic year. Unlike the years past, Plaintiff was not recommended for promotion by the Department Committee; instead, Plaintiff was forced to put her own name forward as a candidate for promotion. Plaintiff again was rejected for this promotion at the higher levels of the University. Plaintiff again filed a charge with the EEOC, alleging retaliation for her pending lawsuit. Later, Plaintiff added the retaliation claims into her Second Amended Complaint. Defendant filed its Motion for Summary Judgment on June 30, 1997.

The Ohio State University Promotion Process

The Ohio State University utilizes a multi-level review process in making promotion and tenure decisions. The levels of review correspond to the organization of the academic institution, consisting of the Department level, the College level and the University level. An associate professor in Department can become a candidate for promotion in one of two ways: (1) the candidate is selected for consideration by the Department Committee; or (2) the candidate can place himself or herself into consideration.

Regardless of how the process is initiated, a faculty candidate seeking promotion is evaluated at each stage using three criteria: (1) teaching; (2) research; and (3) service. These criteria are evaluated in part through review of a candidate's dossier detailing his or her academic credentials and accomplishments. The dossier is first reviewed by the Department Committee, which makes a recommendation to the Department Chairperson. If the candidate passes this review, the Chair's recommendation and the candidate's dossier are then forwarded to the College level, where another committee of faculty members ("College Committee") evaluates the candidate's dossier and credentials, and makes a decision about whether the candidate proceeds to the next stage of review.

Next, upon recommendation by the College Committee, the dossier proceeds first to the University Committee, and then to the Provost. Ultimately, the Provost either recommends for or against the candidate's promotion. A recommendation for promotion proceeds to the University Board of Trustees for final approval and enactment.

Should promotion be denied, however, a candidate may pursue an appeal based upon an allegation of improper evaluation. This process begins informally with a discussion between the candidate and those who recommend against his or her promotion. If such an informal discussion does not result in a resolution of the dispute, then a more formal appeal may be taken before the University's Committee on Academic Freedom and Responsibility.

ANALYSIS
Standard for Summary Judgment

Fed. R. Civ. P. 56(c) provides that summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." The movant has the burden of establishing that there are no genuine issues of material fact, which may be accomplished by demonstrating that the nonmoving party lacks evidence to support an essential element of its case. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Barnhart v. Pickrel, Schaeffer & Ebeling Co., L.P.A., 12 F.3d 1382, 1388-89 (6th Cir.1993). The nonmoving party must then present "significant probative evidence" to show that "there is [more than] some metaphysical doubt as to the material facts." Moore v. Philip Morris Cos., Inc., 8 F.3d 335, 339-40 (6th Cir.1993). "[S]ummary judgment will not lie if the dispute is about a material fact that is `genuine,' that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (summary judgment appropriate when the evidence could not lead a trier of fact to find for the non-moving party).

In evaluating such a motion, the evidence must be viewed in the light most favorable to the non-moving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). The mere existence of a scintilla of evidence in support of the nonmoving party's position will be insufficient; there must be evidence on which the jury could reasonably find for the non-moving party. Anderson, 477 U.S. at 251, 106 S.Ct. at 2511; Copeland v. Machulis, 57 F.3d 476, 479 (6th Cir.1995).

Gender Discrimination Claim Under Title VII and § 1981 of the Civil Rights Act

The Court first addresses Plaintiff's gender discrimination claim under Title VII and § 1981 of the Civil Rights Act in Count I of the Complaint. In support of her claim, Plaintiff alleges that on three occasions — July of 1991, July of 1992, and October of 1992 — males were promoted over her despite the fact that she was more qualified than them. Plaintiff further alleges that women have traditionally been underrepresented in the faculty ranks of her college.

§ 1981

Plaintiff conceded during oral arguments that claims under § 1981 of the Civil Rights Act are barred by the Eleventh Amendment, as held by the Sixth Circuit in Freeman v Michigan, Dept. of State, 808 F.2d 1174 (6th Cir.1987). As such, Defendant's Motion for Summary Judgment with respect to Plaintiff's claim under § 1981 of the Civil Rights Act in Count I is GRANTED.

TITLE VII

In relevant part, Title VII provides:

It shall be an unlawful employment practice for an employer —

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or natural origin.

42 U.S.C. § 2000e-2(a)(1994). To establish a prima facie case of discrimination in a University setting under Title VII in a failure to promote case, Plaintiff must show the following:

a) that she is a member in a protected class (race, gender);

b) that she applied and was qualified for a promotion;

c) despite her qualifications, that she was rejected; and

d) that non-members of the protected class were treated more favorably than plaintiff.

McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 n. 13, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Mitchell v. Toledo Hospital, 964 F.2d 577, 582-83 (6th Cir.1992); Brown v. Tennessee, 693 F.2d 600, 603 (6th Cir.1982). See also, Roebuck v. Drexel University, 852 F.2d 715, 726-27 (3d Cir.1988). The burden then shifts to the defendant, who must articulate a legitimate non-discriminatory reason for the adverse employment action. Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). The defendant need not show that it was motivated by the proffered reason, only that the non-discriminatory reason, established through admissible...

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