Kowtoniuk v. Quarles, 75--1432
| Decision Date | 22 October 1975 |
| Docket Number | No. 75--1432,75--1432 |
| Citation | 528 F.2d 1161 |
| Parties | Fillimon D. KOWTONIUK, Appellant, v. Walker H. QUARLES, Jr., acting president, VSC, et al., Appellees. |
| Court | U.S. Court of Appeals — Fourth Circuit |
James T. McKenna, Washington, D.C., for appellant.
Walter H. Ryland, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., and D. Patrick Lacy, Jr., Deputy Atty. Gen., on brief), for appellees.
Before RUSSELL, FIELD and WIDENER, Circuit Judges.
By this action, the plaintiff sought both a monetary judgment and injunctive relief on account of the alleged termination of his employment as a teacher at Virginia State College in violation of his due process rights. The District Court, at the conclusion of all the evidence at trial, ordered judgment for the defendants. 1 The plaintiff appeals. We affirm.
The plaintiff began teaching part-time at Virginia State College in 1961 and full-time in 1965. At the time he became a full-time faculty member, there was, it seems clear, some discussion of the plaintiff's academic credentials, particularly with reference to his work towards a doctorate degree. The college suggests that the completion of his course work for such degree was a condition of his employment, through the plaintiff disputes this. In any event, it is undisputed that there were repeated discussions of the doctorate degree between the plaintiff and the college authorities and the plaintiff provided the college with an unauthenticated copy of the graduate courses completed by him, which he contended satisfied the course requirements for the degree. These discussions apparently came to a head on July 13, 1970, when the acting president of the college wrote the plaintiff that his contract would not be 'approved because it was dependent upon the presentation of the proper credentials from the Ukrainian Free University attesting to the fact that the doctorate degree had been received by and conferred upon you.' 2 In the same letter, though, the college pointed out '(i)n addition, it has been noted from your personnel record that there seems to be evidence of irregularities such as indications of your poor performance in the classroom, your adoption of grading methods contrary to the best interest of the department, your failure to work cooperatively with faculty and administration, and of your unprofessional conduct.' The acting president continued by stating that, after a careful review of the plaintiff's 'record,' the administration of the college had 'some concern regarding your qualifications for continued service at Virginia State College.' The letter concluded by advising the plaintiff that, if he wished to contest the action of the administration, he might 'request a hearing within ten days' as 'outlined in Section IV, A and B on pages 47 and 48 of the Virginia State College Manual of Administrative Policies and Procedures.'
By letter dated July 20, 1970, the plaintiff requested a hearing but stated that he was going to Europe on July 27 in order to attend commencement exercises at Ukrainian Free University in Munich, Germany, and would not return until September 4, 1970. The Dean of the college on September 8, 1970, wrote the plaintiff that, while the college had received 'a photo copy of a temporary certificate from the Ukrainian Free University,' it was necessary, as declared in an Administrative Notice, that the college 'receive directly from the Ukrainian Free University, a copy of the appropriate document certifying that you have been awarded the Doctor of Philosophy degree.' He advised the plaintiff in this letter, also, that '(u)ntil the charges set forth in Dr. Quarles' letter dated July 13, 1970 have been cleared through the normal procedure, the administrative officials of the College do not have the authority to issue you a contract for employment.' The letter again referred to the hearing and extended time for it but, in the meantime, specifically warned the plaintiff 'to refrain from assuming the role of instructor at the College, such as attending classes and using the office formerly assigned to you.' The plaintiff countered almost immediately with an action in the State Court to enjoin the college from terminating his employment until given a hearing. The State Court granted a temporary injunction until the college should give him a proper hearing. Following the entry of that order and apparently after some discussion with its legal counsel, the college, through its Dean, wrote the plaintiff on February 22, 1971, that he would be given 'an opportunity to be heard and to defend yourself against the allegations,' as specified, 'in accordance with the provisions of the Faculty Handbook of Virginia State College.' On March 5, 1971, the plaintiff was notified that the hearing would take place on March 19, 1971. The hearing, however, was delayed and on March 23, 1971, the Dean of the college gave a more detailed statement of the charges, which consisted primarily of certain specific instances of 'unprofessional' conduct.
The hearing itself was held on April 27, 1971, before the faculty committee appointed to hear the case. This committee had originally been appointed by the Chairman of the Personnel Committee of the Faculty Senate as a Grievance Committee because it was initially assumed that the plaintiff's demand presented a grievance. Later, it was determined that the matter was not a faculty grievance, as described in the Faculty Handbook and that the hearing was to be conducted by an ad hoc committee appointed by the Chairman of the Faculty Senate. The Chairman of the Faculty Senate then made a purely formal re-appointment of the committee as originally named by the Chairman of the Personnel Committee of the Faculty Senate. So constituted, the committee proceeded to accord the plaintiff a hearing on the charges. After taking over five hundred pages of testimony, and receiving some sixty-one exhibits, the committee filed a report of more than twenty pages. In its report, the committee dismissed the charge relating to the plaintiff's credentials, gave 'relatively minor weight' to certain other of the charges, but primarily on the basis of a finding of 'unprofessional conduct' in failing and refusing 'to serve on important departmental committees,' 'to work cooperatively with members of his department,' and in evicting 'a colleague from a class which the colleague had been assigned to teach,' as charged in the specifications act set forth in the letter of March 23, 1971, it found that the evidence warranted the dismissal of the plaintiff. This report of the committee was submitted to the Board of Visitors of the college. After a hearing...
To continue reading
Request your trial
-
Pike v. Gallagher
...Penn. Trans., 583 F.2d 1229, 1233 n. 4 (3d Cir.1978); Parham v. Hardaway, 555 F.2d 139, 142 (6th Cir.1977); Kowtoniuk v. Quarles, 528 F.2d 1161, 1166 (4th Cir.1975), the courts, without having to specifically address the issue, did not question the applicability of substantive due process r......
-
Newman v. Com. of Mass., 88-1923
...Cir.1978); Parham v. Hardaway, 555 F.2d 139, 142 (6th Cir.1977); Miller v. Dean, 552 F.2d 266, 268 (8th Cir.1977); Kowtoniuk v. Quarles, 528 F.2d 1161, 1165-66 (4th Cir.1975). But see Brown v. Brienen, 722 F.2d 360 (7th Cir.1983) (no substantive due process protection for state-created prop......
-
Pandolfi De Rinaldis v. Llavona
...Cir.1978); Parham v. Hardaway, 555 F.2d 139, 142 (6th Cir.1977); Miller v. Dean, 552 F.2d 266, 268 (8th Cir.1977); Kowtoniuk v. Quarles, 528 F.2d 1161, 1165-66 (4th Cir.1975). But see Brown v. Brienen, 722 F.2d 360 (7th Cir.1983) (no substantive due process protection for state-created prop......
-
Homar v. Gilbert
...(suggesting that arbitrary and capricious discharge of public employee could violate substantive due process); Kowtoniuk v. Quarles, 528 F.2d 1161, 1165 (4th Cir.1975) Another member of this Court has considered the applicability of substantive due process principles to public employment. I......