Storrs v. Univ. of Cincinnati

• Decision Date: 25 September 2017
• Docket Number: Case No. 1:15–cv–136
• Citation: 271 F.Supp.3d 910
• Parties: Colleen McTague STORRS, Plaintiff, v. UNIVERSITY OF CINCINNATI, Defendant.
• Court: U.S. District Court — Southern District of Ohio

271 F.Supp.3d 910

Colleen McTague STORRS, Plaintiff,

v.UNIVERSITY OF CINCINNATI, Defendant.

Case No. 1:15–cv–136

United States District Court, S.D. Ohio, Western Division.

Signed September 25, 2017

Filed September 26, 2017

Katherine Daughtrey Neff, Randolph Harry Freking, Freking Myers & Reul LLC, Cincinnati, OH, for Plaintiff.

Rory P Callahan, Ohio Attorney General's Office Employment Law Section, Ryan Daniel Walters, Office of Ohio Attorney General Mike DeWine Employment Law Section, Columbus, OH, for Defendant.

ORDER

GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 50)

Judge Timothy S. Black

I. INTRODUCTION

This civil case is before the Court on the motion of Defendant University of Cincinnati ("UC") for summary judgment (Doc. 50) as well as the parties' responsive memoranda (Docs. 70, 72).

In 2007, Plaintiff Colleen McTague Storrs ("Dr. McTague") was hired as a tenure-track Assistant Professor in UC's Geography Department. Dr. McTague successfully applied for reappointment in 2009 and 2011, though multiple faculty members expressed concerns about Dr. McTague's lack of research and publications during both reappointment evaluations. In 2013, UC denied Dr. McTague's third application for reappointment, citing her lack of publications.

On February 24, 2015, Dr. McTague filed the Complaint. The Complaint alleges that UC violated Title VII of the Civil Rights Act of 1964 by denying Dr. McTague's 2013 application for reappointment because of her gender and in retaliation for Dr. McTague complaining of gender discrimination. The Complaint further alleges that UC violated the Equal Pay Act ("EPA") by paying Dr. McTague less than male Assistant Professors. Finally, the Complaint alleges that UC violated the Family & Medical Leave Act ("FMLA") by interfering with Dr. McTague's FMLA leave during the 2011–2012 academic year and by allegedly denying Dr. McTague's 2013 application for reappointment in retaliation for her taking FMLA leave.

For the following reasons, the Court GRANTS UC's motion for summary judgment as to Dr. McTague's claims for Title VII discrimination, Title VII retaliation, FMLA interference and FMLA retaliation, and DENIES UC's motion as to Dr. McTague's claim for violation of the EPA.

II. FACTS

A. UC's appointment process.

At UC, the process of faculty applying for reappointment, promotion and tenure ("RPT") is governed by a document established for each department in UC's College of Arts & Sciences (the "RPT document") which is also adopted by each department consistent with the negotiated collective bargaining agreement between UC and the union for its faculty members, the American Association of University Professors (AAUP). (Doc. 65 at ¶ 77).

The Geography Department's RPT document states, in relevant part, that "[a] recommendation for reappointment, with the exception of field service and adjunct faculty, should imply the likelihood of achieving tenure: aptitude or promise should be the initial considerations, but with an ultimate insistence on demonstrated achievement." (Doc. 39–2 at 65). The Geography Department's RPT document states that recommendations affecting Assistant Professors should reflect on the areas of research, teaching, service, and professional development. (Id. at 65–67).

In terms of "research," the Geography Department's RPT document states that reviewers should consider, inter alia : "The establishment of an active research program involving projects that are likely to result in publication." (Doc. 39–2 at 65). The document does not list a specific number of publications that would qualify as an "active research program."

B. Dr. McTague's education history and professional background.

Dr. McTague attended high school in Utah and attended Brigham Young University and the University of Utah before graduating with a Bachelor of Science degree in Geography around 1976. (Doc. 65 at ¶ 1). Dr. McTague worked as a secondary education teacher for three to four years, and moved with her family from Utah to New Orleans and Nebraska before returning to school in a Master's program at the University of Nebraska around 1992. (Id. at ¶ 2). After a year at the University of Nebraska, she moved with her family to Cincinnati because of her husband's job. (Id. at ¶ 3).

Dr. McTague obtained her Master's degree in Geography from UC around 1999. (Doc.65 at ¶ 4). Dr. McTague obtained her Doctorate in Geography from UC in 2004. (Id. at ¶ 5).

In 2004, Dr. McTague was offered and accepted a position at UC as a "Field Service Assistant Professor" (without tenure), for a three-year term. (Doc. 65 at ¶ 8). During her three-year appointment, Dr. McTague also served as Director of Undergraduate Studies. (Id. at ¶ 13).

C. Dr. McTague is hired as a tenure-track faculty member in 2007.

Around August 9, 2007, UC offered Dr. Mc Tague a position as a tenure-track Assistant Professor in the Geography Department. (Doc. 70–2 at ¶ 2; Doc. 39–1 at 16). The annual salary offered by UC, and accepted by Dr. McTague, was $52,000. (Doc. 39–1 at 16). Dr. McTague does not remember if the position was part of a competitive search or if there was a search committee, but she did not think there was a search for the position, and she did not remember interviewing for the position. (Doc. 39 at 40–41). Dr. McTague testified that her tenure-track Assistant Professor position involved different responsibilities than her field service position: she would have time to do research in her tenure-track role, whereas the field service position was focused on teaching and "no research." (Id. at 41:16–24).

In October, 2007, shortly after Dr. McTague was hired as a tenure-track professor, Dr. Valerie Hardcastle (Dean of the College of Arts & Sciences) sent an email to the Department Heads in the College of Arts & Sciences that Dr. Liu (Department Head of the Geography Department) circulated to the Geography Department faculty members, including Dr. McTague. (Doc. 65 at ¶ 32). Dean Hardcastle's email stated that "some faculty [at UC] are not pulling their weight," and reiterated that UC is "a research intensive university and research is an expectation of all tenured and tenure track faculty[.]" (Doc. 39–1 at 18).

Around December 6, 2007, Dr. McTague met with Dr. Liu to discuss her performance evaluation. (Doc. 65 at ¶ 36). Their meeting was later summarized in a memorandum signed and dated January 7, 2008. (Doc. 39–1 at 20). Dr. Liu stated in the memorandum:

I emphasized to Colleen the importance of publications in her future RPT evaluation, which she is fully aware. She recognizes that it is important that she has articles accepted for publication by the time she comes up for reappointment. As of now, she has not submitted any articles. However, she has indicated that she will devote more time in writing papers during the winter quarter.

(Doc. 39–1 at 20).

D. Dr. McTague successfully applies for reappointment in 2009.

On or around May 15, 2008, Dr. McTague met with Dr. Liu for her annual review. (Doc. 65 at ¶ 55). The review stated that Dr. McTague's performance was "excellent" in the areas of teaching and service. (Doc. 39–1 at 42). The review noted that Dr. McTague had not published any papers during her first academic year and had not submitted any papers for publication. (Id. ) The review stated Dr. McTague's research projects were "in their early stages and have not led to publications yet," but that she was "encouraged to submit her research findings for publication." (Id. ). The review stressed the importance of research in reappointment evaluations:

She had not submitted any articles for publication at the time of this meeting. She expressed her commitment to devote more time in writing papers in the immediate future. She is full aware of the importance of publications in her future RPT evaluations.

(Id. )

In early 2009, as part of her reappointment application, Dr. McTague noted in her self-evaluation that her research was bare as a result of transitioning from a field service position:

There are disadvantages and advantages associated with beginning a new assistant professor position at a research institution without an established agenda. The three primary and dominant disadvantages are obvious: No publications, no publications in the pipeline and no research ready to begin the pipeline.

(Doc. 39–2 at 15).

On February 26, 2009, the Geography Department RPT committee recommended Dr. McTague for a three-year reappointment. (Doc. 39–2 at 38–40). The committee noted that Dr. McTague's transition from field service Assistant Professor to Assistant Professor "required that Dr. McTague radically revise her role in the department from one that focused exclusively on teaching and service to one that now includes research in addition to teaching and service." (Id. at 38) The Geography Department RPT committee opined that Dr. McTague was making "good progress" in balancing the three obligations. (Id. ) The committee praised Dr. McTague's "high quality, innovative, student-oriented teaching" and her commitment to students. (Id. ) The committee commended Dr. McTague for making "credible progress in building a viable research program," as well as attracting over $100,000 in grants. (Id. at 39). Still, the committee noted that:

A careful reading of Dr. McTague's annual performance reviews clearly shows that there is a concern that she begin to translate her research into published articles on a regular basis. The RPT committee shares that concern and urges Dr. McTague to continue to readjust her deep commitment to teaching and service so that she has adequate time to devote to writing up her research.

(Id. at 40).

On March 2, 2009, Dr. Liu concurred with the RPT committee. (Doc. 39–2 at 41). Dr. Liu stated "Dr. McTague's performance is excellent in the areas of teaching and service[.]" (Id. at 42). While Dr. Liu stated Dr. McTague's research is "starting to show promise," and that she has made "concerted efforts in advancing her research," ...