Lightfoot v. BOARD OF TRUSTEES, ETC.

• Decision Date: 28 July 1978
• Docket Number: Civ. A. No. M-77-1348.
• Citation: 457 F. Supp. 135
• Parties: Belinda H. LIGHTFOOT, Plaintiff, v. BOARD OF TRUSTEES OF PRINCE GEORGE'S COMMUNITY COLLEGE et al., Defendants.
• Court: U.S. District Court — District of Maryland

457 F. Supp. 135

Belinda H. LIGHTFOOT, Plaintiff, v. BOARD OF TRUSTEES OF PRINCE GEORGE'S COMMUNITY COLLEGE et al., Defendants.

Civ. A. No. M-77-1348.

United States District Court, D. of Maryland.

July 28, 1978.

Joseph A. Finlayson, Jr., Hillcrest Heights, Md., for plaintiff.

Daniel I. Sherry, Bowie, Md., for defendants.

MEMORANDUM

JAMES R. MILLER, Jr., District Judge.

Plaintiff Lightfoot alleges that defendant Prince George's Community College (PGCC) violated the prohibition against racial discrimination in Title VII, 42 U.S.C. §§ 2000e et seq., by not hiring her in January—February, 1976 as Program Director for the Largo, Maryland Campus Student Center. Pending before the court is PGCC's motion for summary judgment. No motion for class certification has been made.

Defendant PGCC moves for summary judgment (Paper 22) on the grounds, inter alia, that plaintiff lacked the work experience qualification required by the job description for the Program Director's position and that the defendant is therefore entitled to summary judgment as a matter of law. The facts are established in the answers of plaintiff to interrogatories, Papers 14, 19, 26 hereinafter Pl. Answer; plaintiff's exhibits attached to Paper 14 PX; the requests of defendant for admissions of fact and exhibits, Paper 17, which have been deemed admitted, Paper 25, 36 hereinafter Adm. or DX; and the Affidavit of Ernest R. Leach, Dean of Student Affairs, attachment to Paper 22 hereinafter Leach Aff..

FACTS

On January 26, 1976, plaintiff submitted an application, DX 9, for a position as Program Director—Largo Student Center that was advertised in defendant's Position Available Bulletin (PAB) dated January 20, 1976, DX 7. Three applications for the position were received from two white males and one black female, the plaintiff. Leach Aff. 1. The Review/Screening Committee (Committee) concluded that all candidates met the minimum qualification of a Master Degree,¹ but that no candidate had the required three years experience in administration and supervision in an area related to student activities or a student center. Id. 1-2. Initially the vote of the Committee on plaintiff's qualifications was 2 votes for qualified (1 black member, and 1 white member) and 3 votes not qualified (2 black members and 1 white member). Adm. 2(q). Mr. Leach, who is the Dean of Student Affairs and the administrative superior of the Program Director, Largo Student Center, concurred in these judgments. Leach Aff. 2. By letter dated February 3, 1978, plaintiff was notified of the rejection. Id.

By a letter dated February 4, 1978, DX 11, and a memorandum dated February 6, 1978, DX 12, the plaintiff submitted additional information and requested reconsideration of her application. DX 11-12; Leach Aff. 2. On February 10, 1978, the Committee considered the appeal and asked Mr. Leach the Dean of Student Affairs to investigate the supplemental credentials. Id. Consistent with procedures followed when checking references for candidates for other positions,² on February 12, 1976, Dean Leach visited Virginia Commonwealth University where Ms. Lightfoot had been employed previously, and he interviewed Mr. George Gardner, Assistant Director for Special Services, who had worked as immediate supervisor for Ms. Lightfoot; Ms. Beatrice Bush, Director of Student Activities; Ms. Phyllis Mabel, Associate Dean of Student Services, who had coordinated programming with Ms. Lightfoot for the Special Services program, in which Ms. Lightfoot was employed as a counselor. On the following day, Dean Leach talked by telephone with Mr. Earl Wheatfall, Director of Special Services who had administrative responsibility for the total Special Services Program. Id.

On February 13, 1976, Dean Leach gave a detailed report to the Committee which he summarized:

"I had received very positive recommendations about Ms. Lightfoot as a bright and energetic person, but no substantiation that she had ever served as a line administrator during the course of her employment at that institution."

Id. 3. On reconsideration the Committee voted unanimously (3 black members and 2 white members) that plaintiff did not meet the requirement of a minimum of three years experience in administration and supervision in an area related to student activities, student center. Adm. 2(w), 2(x); Leach Aff. 4-5. The Dean of Student Affairs concurred then and concurs now in that conclusion. Id. 5.

At the Committee's request, on February 17, 1976, Dean Leach met Ms. Lightfoot and explained the Committee's decision. Memorandum of February 25, 1975, from Dean Leach to Personnel Officer Ms. Schoen, attached to Paper 6. And on February 26, 1976, Personnel Officer Ms. Schoen formally notified plaintiff of the Committee's decision. PX 11.

The position of Program Director—Largo Student Center was not filled from January 20 to June 7, 1976. Adm. 2(j), 2(k).

Effective March 5, 1976, plaintiff's employment with defendant PGCC ceased by reason of her resignation. Adm. 2(o), 2(p).

On May 7, 1976, plaintiff's formal grievance under defendant PGCC's affirmative action program was denied by Robert I. Bickford, President of PGCC. R. I. Bickford, Memorandum and Decision, In re Formal Grievance of Lightfoot v. Leach, et al. (PGCC President May 7, 1976), attachment to Paper 22 hereinafter Bickford Mem..

In a June 7, 1976, Position Available Bulletin, the position of Program Director— Largo Student Center was readvertised. DX 8; Adm. 2(k). Unlike the January PAB's offer of a "Full-time, permanent" personnel status, the June PAB offered only a "Full-time, terminal position" personnel status, a less favorable one year contract personnel status. DX 8; DX F; PX 16, at 3; Adm. 2(l), 2(m). The required qualifications and criteria for evaluation were the same. Id. Plaintiff did not apply for the position announced in the June 7, 1976 PAB. Adm. 2(n); PX 16, at 3. The position was subsequently filled by a white male with a masters degree and about thirteen years experience. Adm. 2(r); PX 16, at 3.

In addition to the January and June Position Available Bulletins which were prepared by the PGCC Personnel Office, DX 7, DX 8, there is a Position Description Form. DX 10. Although the copy of the Position Description in the court file is not dated, it apparently was considered and approved by the Board of Trustees of defendant PGCC at the Board's December 1975 meeting. Bickford Mem. at 2.

The Position Available Bulletins prepared by the Personnel Office described the job experience requirement:

"Minimum of three (3) years experience in administration and supervision in an area related to student activities, student center."

DX 7, 8. Consistent with the PAB's, the Position Description approved by the PGCC Board of Trustees described the job experience qualifications:

"A minimum of three years' experience in an administrative and supervisory capacity in a Student Activities office or a Student Union building."

DX 12. Plaintiff's contention that the Position Description was not a job description binding on her is incorrect since state law makes the Board of Trustees responsible for general control of personnel matters. Md. Ann.Code art. 77A, § 1 (1975 Repl.Vol.). In any event, there is no pertinent inconsistency between these two written documents; each requires a minimum of three years experience in a job (1) where the applicant acted as an administrator and supervisor of other employees and (2) where the subject matter of the program was student activities of the kind conducted in a student activities office or student center as distinct, for example, from student activities governed by a school's academic offices. See DX 7, 8, 12.

DISCUSSION

Relying on the McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), four element analysis of the individual Title VII plaintiff's prima facie case,³ the defendant PGCC urges that summary judgment be granted on the grounds (1) that plaintiff is not qualified and (2) that after plaintiff's rejection the defendant did not continue to seek applicants from persons with complainant's qualifications.

I SUBSTANTIAL EVIDENCE REVIEW OF EDUCATIONAL INSTITUTION EMPLOYMENT DECISIONS

Defendant PGCC urges that the defendant's decision on plaintiff's lack of the job experience required was supported by substantial evidence before the Committee as disclosed by the defendant's exhibits, the admissions, and Dean Leach's affidavit and that the "findings and decision of academic administrative bodies are to be upheld by the courts when reached by correct procedures and supported by substantial evidence." Green v. Board of Regents, 474 F.2d 594, 595 (5th Cir. 1973) (§ 1983 sex discrimination case after trial) (citing other 5th Cir. cases). See Faro v. New York University, 502 F.2d 1229, 1231-1232 (2nd Cir. 1974) (Title VII sex discrimination case after preliminary injunction hearings on the merits); Oliver v. Moberly Missouri School District, 427 F.Supp. 82, 87 (E.D.Mo.1977) (Title VII race discrimination case after trial dictum). See generally Bishop v. Wood, 426 U.S. 341, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976) (§ 1983 due process policeman termination case on summary judgment);⁴ Hortonville Joint School District No. 1 v. Hortonville Education Ass'n, 426 U.S. 482, 96 S.Ct. 2308, 49 L.Ed.2d 1 (1976) (due process teacher discharge case on summary judgment);⁵ Beauchamp v. Davis, 550 F.2d 959 (4th Cir. 1977) (§ 1983 due process teacher discharge case).⁶

The defendant's argument attempts to import into this suit to enforce Title VII's prohibition against unlawful discrimination in employment a rule from suits to enforce the Due Process Clause's prohibition against a deprivation of life, liberty, or property without due process.

In a Title VII case, the question on the merits is whether, for example, an employer has refused to hire an individual because of the individual's race, 42 U.S.C. § 2000e-2(a)(1),...