Johnson v. San Jacinto Jr. College

• Decision Date: 10 September 1980
• Docket Number: Civ. A. No. H-78-1056.
• Parties: John R. JOHNSON, Plaintiff, v. SAN JACINTO JUNIOR COLLEGE et al., Defendants.
• Court: U.S. District Court — Southern District of Texas

498 F. Supp. 555

John R. JOHNSON, Plaintiff, v. SAN JACINTO JUNIOR COLLEGE et al., Defendants.

Civ. A. No. H-78-1056.

United States District Court, S. D. Texas, Houston Division.

September 10, 1980.

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Larry Watts, Law Offices of Larry Watts, P. C., Houston, Tex., for plaintiff.

Stanley D. Baskin, Baskin, Fakes & Stanton, Pasadena, Tex., for defendant San Jacinto Jr. College and for defendants Spencer, Anders, Davison, Ogden and Smallwood in their official capacities.

Chris Butler, Reynolds, Allen & Cook, Houston, Tex., for defendants Spencer, Anders, Davison, Ogden and Smallwood in their individual capacities.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

CARL O. BUE, Jr., District Judge.

I. Introduction

Plaintiff brought this action pursuant to 42 U.S.C. § 1983 (1978), alleging that defendants by their various actions associated with changing his job classification from Registrar to teacher at defendant College, violated his constitutional right of privacy and his First Amendment rights, and denied him his Fourteenth Amendment guarantees of procedural and substantive due process. Plaintiff seeks equitable and legal relief in the forms of injunction and declaratory judgment, compensatory and exemplary damages, back pay, reinstatement and attorney's fees. On February 5, 1980, the cause was tried to the Court without a jury. Pursuant to Rule 52, Fed.R.Civ.P., the Court enters the following Findings of Fact and Conclusions of Law reflecting the Court's determination that all defendants violated plaintiff's rights to substantive and procedural due process, and his rights pursuant to the First Amendment, and that defendant Spencer violated plaintiff's right to substantive due process. The Court, however, does not find that defendants violated plaintiff's constitutional right of privacy.

II. Findings of Fact

1. John R. Johnson is a resident of Harris County, Texas. Stipulation.

2. San Jacinto Junior College is a public junior college in Harris County, Texas, owned and operated by the San Jacinto Junior College District, which includes the geographical area composed of the following independent school districts: Channelview; Deer Park; Galena Park; LaPorte; Pasadena; and Sheldon. The principal place of business of San Jacinto Junior College is 8060 Spencer Highway, Pasadena, Harris County, Texas 77505. Stipulation.

3. Dr. Thomas Spencer is President of San Jacinto Junior College. Stipulation.

4. F. G. "Frenchie" Anders resides in Pasadena, Harris County, Texas. In 1977 he was President of the Board of Regents of San Jacinto Junior College. Stipulation.

5. Dr. W. R. Davison is a resident of LaPorte, Harris County, Texas. He is a member of the Board of Regents of San Jacinto Junior College. Stipulation.

6. Charles Ray Ogden is a resident of Channelview, Harris County, Texas. He is a member of the Board of Regents of San Jacinto Junior College. Stipulation.

7. W. L. "Levi" Smallwood is a resident of Harris County, Texas. He is a member of the Board of Regents of San Jacinto Junior College. Stipulation.

8. From August 6, 1962 through May, 1974, plaintiff was employed as a history teacher by San Jacinto Junior College. Stipulation.

9. On or about March 4, 1974, plaintiff was employed under a one year contract as Registrar of the North Campus of San Jacinto Junior College commencing September, 1974, subject to the policies of employment as set forth in the Faculty Handbook of August, 1974. Stipulation.

10. Plaintiff was employed as Registrar for the North Campus of San Jacinto Junior College for the 1974-75, 1975-76, and 1976-77 school years. Each of his contracts was subject to the policies of employment as specified in the applicable Faculty Handbook. Stipulation; Testimony of John R. Johnson; Testimony of Thomas Spencer.

11. On or about April 4, 1977, the Board of Trustees of San Jacinto Junior College passed Motion No. 3464, re-electing plaintiff as Registrar of the North Campus for the 1977-78 academic year. Plaintiff advised defendant Spencer of his acceptance of the position by letter dated April 7, 1977. Stipulation; Plaintiff's exhibit 4/Defendants' exhibit 10; Plaintiff's exhibit r/Defendants' exhibit 9.

12. Defendant College had in effect in 1977-78 two policies concerning assignment of faculty and renewal of contracts. The "Policy of Employment" read as follows:

"All teaching personnel and administrators of the San Jacinto District are employed upon probation for the first three years of employment and at such other times as may be determined by the Board of Regents. No employment shall result in tenure.

All promotions of employees to administrative positions shall not be considered permanent and the teacher or employee may be reassigned to a position as instructor, or former employment upon direction of the Board of Regents."

Defendants' exhibit 5 at 13/Plaintiff's exhibit 6 at 3.

The policy concerning "Election of Faculty" provided, in pertinent part, as follows:

"Faculty members are elected in April of each year on the recommendation of the President for the succeeding long term .... Re-election for one or more terms should not be construed as leading to tenure."

Defendants' exhibit 5 at 13/Plaintiff's exhibit 6 at 2. Despite the language of the policies regarding tenure, the Court finds that when an employee satisfactorily has completed probation, that person is considered by the College to have job security. Further, the Court finds that the usual procedure at the College is to renew the contract of a nonprobationary employee unless staff reduction is necessary or good cause exists for nonrenewal.

In April 1977, when plaintiff was re-elected as Registrar of the North Campus, he had completed not only his initial probationary period as a teacher but also his probationary period as Registrar. Plaintiff's contract as Registrar for the 1977-78 academic year was not a probationary contract. Testimony of W. L. "Levi" Smallwood; Testimony of W. R. Davison; Testimony of Charles Ray Ogden; Testimony of John R. Johnson.

13. From October, 1976 until April, 1977, plaintiff engaged in a sexual affair with Martha Paye, the librarian of the North Campus of San Jacinto Junior College. Although plaintiff and the librarian worked in the same building, he did not contact her concerning personal matters during their working hours. Plaintiff frequently went to the library for coffee, as did other faculty members; however, he did not increase the frequency or extend the duration of those visits as a result of his relationship with the librarian. Plaintiff did not neglect his duties as Registrar to pursue his affair with the librarian. Stipulation; Testimony of John R. Johnson; Testimony of Martha Paye.

14. Plaintiff's wife, Norma S. Johnson, has been employed as an instructor at San Jacinto Junior College for sixteen years, and was teaching on the North Campus during the 1976-77 academic year. Testimony of Norma S. Johnson.

15. During that year plaintiff's wife knew nothing about her husband's affair until he told her on April 16, 1977. Plaintiff's father had died on April 13, 1977, and, as a result of events arising out of that death, plaintiff was compelled to inform his wife of the affair. Stipulation; Testimony of John R. Johnson; Testimony of Norma S. Johnson.

16. After she was told about the affair, Norma S. Johnson left town without telling plaintiff. She did not teach her classes on April 18-20, 1977, but she left materials on her supervisor's desk, requesting that another teacher be substituted for her classes on those dates. Stipulation.

17. On the evening of April 18, 1977, after plaintiff discovered his wife had left, he made several telephone calls to try and locate her. Of the people with whom he talked, none indicated any awareness of plaintiff's personal problems, and none was informed of said problems by plaintiff. Testimony of John R. Johnson.

18. On the evening of April 18, 1977, plaintiff discussed the affair and consequent problems in his marriage with his minister. Testimony of John R. Johnson.

19. On April 19, 1977, plaintiff met privately with defendant Spencer in Spencer's office and apprised Spencer of his affair and his wife's having left town. Plaintiff indicated to Spencer the private nature of the meeting by closing Spencer's office door before beginning discussion. Spencer's acknowledged custom was to conduct any proceedings in his office with the door open unless the meeting involved private matters which necessitated closing the door. Stipulation; Testimony of John R. Johnson; Testimony of Thomas Spencer.

20. The College has a policy of encouraging faculty to discuss personal problems with an administrator rather than bringing them up at faculty meetings. Although plaintiff asserts that said policy required him to discuss the affair with Spencer, the Court finds that the policy cannot be construed to impose such a requirement and that plaintiff did not so interpret the policy. The Court finds that on April 19, plaintiff went to Spencer as a friend rather than pursuant to the policy. Further, plaintiff had been encouraged by his minister to discuss the affair with Spencer. Testimony of John R. Johnson; Testimony of Thomas Spencer; Testimony of Charles Ray Ogden; Defendants' exhibit 4/Plaintiff's exhibit 6.

21. Plaintiff opened the April 19 discussion by telling Spencer that rumors about plaintiff and the librarian were circulating on the South Campus, and plaintiff wanted to tell Spencer about the situation before Spencer heard it from another source. Testimony of John R. Johnson; Testimony of Thomas Spencer.

22. On April 21, 1977, plaintiff met privately with Edwin Lehr, Vice President of the North Campus, and informed him of plaintiff's affair with the librarian. Prior to plaintiff's telling Lehr about the affair, Lehr had known only that plaintiff was...