Sengupta v. University of Alaska

• Decision Date: 27 April 2001
• Docket Number: No. S-8515.,S-8515.
• Citation: 21 P.3d 1240
• Parties: Mritunjoy SENGUPTA, Appellant, v. UNIVERSITY OF ALASKA, University of Alaska Fairbanks, Joan K. Wadlow, William Kauffman, Paul Eaglin, Robert H. Trent, and Sukumar Bandopadhyay, both individually and as agents and employees of the University of Alaska and University of Alaska Fairbanks, Appellees.
• Court: Alaska Supreme Court

21 P.3d 1240

Mritunjoy SENGUPTA, Appellant, v. UNIVERSITY OF ALASKA, University of Alaska Fairbanks, Joan K. Wadlow, William Kauffman, Paul Eaglin, Robert H. Trent, and Sukumar Bandopadhyay, both individually and as agents and employees of the University of Alaska and University of Alaska Fairbanks, Appellees.

No. S-8515.

Supreme Court of Alaska.

April 27, 2001.

Rehearing Denied June 14, 2001.

Robert A. Sparks, Fairbanks, for Appellant.

Mark E. Ashburn, Ashburn & Mason, Anchorage, for Appellees.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

PER CURIAM.

I. INTRODUCTION

The University of Alaska terminated Dr. Mritunjoy Sengupta from his position as a tenured professor of mining engineering. The University based its decision on the factual findings made by a hearing officer at an earlier proceeding on grievances brought by Sengupta against the University. These findings from the grievance proceeding were later accorded collateral estoppel effect in the termination proceedings. Because Sengupta failed to timely appeal the termination decision to this court, we will not examine whether the collateral estoppel doctrine was properly applied. Sengupta also sued the University, claiming that it terminated him in retaliation for constitutionally protected conduct and speech and discriminated against him on the basis of his race and national origin. Because res judicata bars Sengupta's § 1983 free speech claims, and Sengupta failed to submit evidence of discriminatory motive that would raise a genuine issue of fact regarding his § 1983 equal protection claim, we affirm the dismissal of his retaliatory termination claim.

II. FACTS AND PROCEEDINGS

A. The Parrish Administrative Proceeding

Dr. Mritunjoy Sengupta is a United States citizen of Indian birth and descent. Between 1990 and 1995, he was a tenured professor of mining engineering with the School of Mineral Engineering, Department of Mining and Geological Engineering at the University of Alaska Fairbanks (UAF).

In 1992 and 1993, Sengupta brought three grievances alleging that (1) Sengupta, rather than Dr. Sukumar Bandopadhyay, should have been appointed acting head of the Mining and Geological Engineering Department; (2) Sengupta, rather than Bandopadhyay, should have been appointed as the director of UAF's Mining and Mineral Resource Research Institute; and (3) Sengupta's salary level was inequitable under the circumstances.

The grievance proceeding was conducted by Hearing Officer James Parrish. In his June 24, 1994 decision, Parrish recommended that each grievance be denied. In evaluating Sengupta's honesty, collegiality, and professionalism in relation to the grievance claims, Parrish specifically found that Sengupta had demeaned, degraded, and abused his colleagues; intentionally misrepresented his academic degrees; repeatedly dealt with his colleagues and the University in a dishonest manner; testified falsely under oath multiple times during the hearing; created and introduced false documents; and committed plagiarism by copying material from another University professor without proper credit. University Chancellor Joan Wadlow accepted Parrish's recommendations and denied all of Sengupta's grievances.

Chancellor Wadlow advised Sengupta that her July 12, 1994 written decision represented the University's final decision and that Sengupta could obtain further review only by appealing the decision in superior court within thirty days in accordance with Alaska Appellate Rule 602(a)(2). Sengupta did not appeal Chancellor Wadlow's decision within this time period.

B. The Rice Administrative Proceeding

On September 1, 1994, School of Mineral Engineering Dean Robert Trent and Department Head Bandopadhyay sent Sengupta a Notice of Intent to Discharge for Cause, stating UAF's intent to initiate termination proceedings.¹ In this notice, Trent and Bandopadhyay indicated that the termination proceedings were initiated primarily on the basis of the findings of Hearing Officer Parrish in the prior grievance proceeding. After consulting with Sengupta and the School of Mineral Engineering faculty in accordance with UAF procedures,² Dean Trent recommended to Chancellor Wadlow that Sengupta be discharged for cause. Chancellor Wadlow then notified Sengupta that she had accepted Dean Trent's recommendation to terminate Sengupta for cause on the basis of charges identified previously by Dean Trent and Dr. Bandopadhyay, as well as additional charges that Sengupta had violated the law. Sengupta requested a pre-termination hearing, to which he was entitled.

The pre-termination hearing, authorized by Board of Regents' (BOR) Policy Section 04.08.08 XI, was conducted on December 12, 1994, before Hearing Officer Julian Rice. In his January 17, 1995 written decision, Rice accorded collateral estoppel effect to the Parrish findings and recommended that Sengupta be terminated for cause. Relying on the Parrish findings, Rice concluded that "Dr. Sengupta's propensity for dishonest, unprofessional and disruptive behavior has been established" and that "major and substantial shortcomings ... render Dr. Sengupta's continued employment by the University detrimental to appropriate discipline and efficiency of service, including, but not limited to, neglect of contractual duties, unprofessional conduct and other conduct which interferes substantially with the continued performance of his duties." Chancellor Wadlow accepted Rice's recommendation to discharge Sengupta for cause. In her January 19, 1995 decision, she adopted nearly all of Rice's findings of fact and conclusions of law.

Sengupta subsequently exercised his right under BOR Policy 04.08.08 IX.B to appeal the chancellor's decision to University President Jerome Komisar. On January 27, 1995, President Komisar rejected Sengupta's appeal and affirmed Chancellor Wadlow's decision. President Komisar's decision represented the final University decision and Sengupta appealed this decision to the superior court on February 23, 1995. On appeal, Superior Court Judge Jay Hodges affirmed, finding "substantial evidence to support the University's decision to terminate Dr. Sengupta for cause." Sengupta appealed Judge Hodges's decision to the Alaska Supreme Court but the appeal was dismissed as untimely.

C. Sengupta's Grievance Alleging Retaliation

On September 9, 1994, shortly after the Notice of Intent to Discharge was issued, Sengupta filed a grievance with UAF claiming that the attempt to terminate him constituted an improper retaliation in response to his filing grievances against UAF. Chancellor Wadlow ultimately decided that Sengupta could not present his retaliation claim in a separate grievance proceeding but rather would be required to present the claim in the pending pre-termination hearing. Sengupta appealed this decision to the superior court. Judge Hodges affirmed the University's dismissal of Sengupta's grievance on August 20, 1996. Sengupta subsequently appealed to the Alaska Supreme Court but that appeal was dismissed as untimely on November 29, 1996.

D. Sengupta's Sick Leave Request

On September 28, 1994, Sengupta requested that the pre-termination hearing be scheduled to accommodate his heightened stress level. He attached a letter from his physician detailing his health problems. On October 13 Sengupta requested that the pre-termination hearing be delayed "for about seven/eight months" due to his health problems. On October 21 Sengupta officially requested sick leave, again attaching a physician's note. Bandopadhyay responded on October 25, noting that Sengupta's current request was inadequate and that additional information was required. Sengupta failed to provide the information requested by Bandopadhyay by the November 8 deadline and the sick leave request was denied.

E. Judicial Proceedings

On January 14, 1997, Sengupta filed a complaint against the University³ in superior court setting forth four claims in connection with the termination of his employment, denial of his sick leave request, and alleged salary disparity. In particular, Sengupta asserted claims under 42 U.S.C. § 1983 on the grounds that UAF had violated his freedom of speech, and also that UAF had violated his right to due process, and equal protection. Sengupta also asserted a claim under 42 U.S.C. § 1981 alleging discrimination on the basis of his color and national origin. Sengupta further asserted a claim under Title VII of the Civil Rights Act of 1964,⁴ alleging that UAF had violated his right to be free from employment discrimination.⁵

On March 29, 1997, Sengupta filed a second complaint against UAF in a separate action. The constitutional claims in this complaint were essentially identical to those of the earlier complaint. Sengupta added an independent cause of action to set aside certain prior final judgments as void due to alleged violations of his due process rights and UAF's alleged fraud, misrepresentations, and misconduct.

On April 24, 1997, UAF moved for summary judgment with respect to the § 1981 and § 1983 claims on the basis of collateral estoppel, res judicata, and statute of limitations. On June 23, 1997, Superior Court Judge Mary Greene granted summary judgment for UAF with respect to the § 1983 claims. Judge Greene determined that the decisions of Hearing Officer Parrish and Judge Hodges precluded the § 1983 claims challenging the termination and alleged salary disparity. Judge Greene further held that the statute of limitations barred the § 1983 claims challenging the denial of the sick leave request and the alleged salary disparity. But the § 1981 claim survived; Judge Greene determined that prior final judgments did not preclude a § 1981 racial discrimination claim based on a mixed motives theory challenging the termination.⁶

On June 12, 1997, UAF moved for summary judgment with respect to the independent action to set aside prior judgments. On July 29, 1997, UAF...