Studdard v. Ala. Agric. & Mech. Univ.
| Decision Date | 21 May 2019 |
| Docket Number | Case No.: 5:15-cv-1313-LCB |
| Court | U.S. District Court — Northern District of Alabama |
| Parties | NAREATHA L. STUDDARD, Plaintiff, v. ALABAMA AGRICULTURAL & MECHANICAL UNIVERSITY, et al., Defendants. |
Plaintiff Nareatha L. Studdard - a former associate professor at Alabama Agricultural & Mechanical University ("Alabama A&M") - alleges that she was retaliated against for exercising rights guaranteed by the Family and Medical Leave Act of 1993 ("FMLA"). In particular, plaintiff claims that she suffered an adverse employment action when certain defendants refused to forward her 2012 tenure application for review, when it would have been evaluated under less stringent standards, and simultaneously requested an extension of her probationary period. Plaintiff alleges this action caused her to have to submit her tenure application the next year, when it was subjected to more stringent criteria, and that this resulted in the denial of tenure and ultimately her termination from Alabama A&M.
As described in more detail below, the remaining defendants in this action filed a Motion for Summary Judgment (doc. 112), along with a supporting brief and evidentiary submission. Plaintiff filed a response (doc. 123), which the Court ordered plaintiff to reformat (see doc. 133 (reformatted response)). The remaining defendants then filed a reply (doc. 129). Therefore, the Motion for Summary Judgment is ready for review. For the reasons discussed in this memorandum opinion, the Court will grant the Motion for Summary Judgment.
Plaintiff initiated this action on August 5, 2015, against several defendants. (Doc. 1). Plaintiff later amended her complaint (doc. 79). Plaintiff's amended complaint alleges one count of FMLA retaliation. Plaintiff appears to bring this count against defendants (1) Alabama A&M (2) the Board of Trustees of Alabama A&M (the "Board"); (3) former governor and president of the Board, Robert Bentley ("Bentley") in his official capacity; (4) individual members of the Board Kevin Ball, Ginger Harper, John O. Hudson, III, James D. Montgomery, Sr., Dr. Hattie N. Myles, Chris Robinson, Andre Taylor, Velma J. Tribue, and Dr. Jerome Williams in their official capacities (collectively, "the Trustees"); (5) provost and vice president for Academic Affairs, Dr. Daniel Wims ("Dr. Wims"), in his official and individual capacity; (6) president of Alabama A&M, Dr. Andrew Hugine, Jr. ("Dr. Hugine"), in his official and individual capacity; (7) dean of the College ofBusiness and Public Affairs, Dr. Delmonize Smith ("Dr. Smith"), in his official capacity and as successor to the former dean, Dr. Amin Sarkar; and (8) the chairman of the Department of Management, Marketing, and Logistics1, Larry McDaniel ("Dr. McDaniel"), in his individual and official capacity. (Doc. 79, pp. 2-3).2
Following the filing of the amended complaint, several motions to dismiss (docs. 80 and 81) were filed. Before the Court addressed the motions to dismiss, plaintiff voluntarily dismissed Bentley and the Trustees. (Docs. 85, 86). On March 31, 2017, the Court issued a memorandum opinion (doc. 91) addressing one of the motions to dismiss (doc. 80); the other motion to dismiss (doc. 81) was denied as moot.3 In particular, the Court dismissed Alabama A&M, the Board, and Dr. Hugine, Dr. Wims, and Dr. McDaniel in their individual capacities. (Id. at 20). The Court denied the motion to dismiss (doc. 80) to the extent that it requested dismissal of the official-capacity claims against Dr. Hugine, Dr. Wims, Dr. Smith, and Dr. McDaniel for injunctive relief. (Id.). Therefore, at this juncture, theFMLA retaliation claim exists against Dr. Hugine, Dr. Wims, Dr. Smith, and Dr. McDaniel in their official capacities solely for injunctive relief. The Court will refer to these three defendants as "the remaining defendants."
With respect to the following facts, the Court accepts, as true, any fact not expressly disputed by either party. (Doc. 131; Doc. 133, p. 7 n.1); Fed. R. Civ. P. 56(a) ().
From 2004 to 2009, plaintiff was employed as an assistant professor at Arkansas State University. (Doc. 79, p. 7; Doc. 112-10, p. 23 (Studdard Dep., p. 88, lines 4-10); Doc. 124-18, p. 25 ). In late 2008 or early 2009, plaintiff ran into Dr. McDaniel, who had been a professor of hers while she was a student at Alabama A&M, at a continuing education event. (Doc. 124-18, p. 11 (Studdard Aff., ¶ 27)). Dr. McDaniel encouraged plaintiff to apply for an associate professor opening in his department at Alabama A&M. (Id.). Dr. McDaniel was (and still is) the chair of the Department of Management, Marketing, and Logistics in the College of Business at Alabama A&M. (Doc. 112-1, p. 13; Doc. 112-17, p. 2 (McDaniel Aff. ¶ 2)). As a result of her encounter with Dr. McDaniel, plaintiff applied for the position at Alabama A&M and wasappointed as an associate professor, a tenure track position, in August 2009. (Doc. 79, p. 7; Doc. 112-1, p. 12; Doc. 112-10, p. 72 (Studdard Dep., p. 282, lines 8-11)).
At the time that plaintiff applied for the position at Alabama A&M, she knew that she would not be approved for tenure at Arkansas State University. (Doc. 112-10, p. 24 (Studdard Dep., p. 91, lines 7-16)). Plaintiff has testified that, in prior years at Arkansas State University, she had been on track for tenure; however, in her fourth year, she received notification that she was not on track for tenure. (Doc. 112-10, p. 25 (Studdard Dep., p. 94, lines 6-14)). Plaintiff states that this was not the reason that she applied for the position at Alabama A&M. Rather, plaintiff wanted to teach at a historically black university and be closer to her mother, among other things. (Doc. 112-10, p. 28 ()).
Dr. Hugine is the president of Alabama A&M and has been in that position since July 2009. (Doc. 79, p. 6; Doc. 112-1, pp. 12-13). Dr. Hugine is responsible for making the final decision with respect to granting tenure to faculty members. (Doc. 112-1, p. 13; Doc. 112-10, p. 16 (Studdard Dep., p. 59, lines 17-20)).
Dr. Wims is the provost and vice president for Academic Affairs and Research. (Doc. 112-1, p. 13). Dr. Wims has been in that position since April 2010. (Doc. 112-15, p. 2 (Wims Aff., ¶ 2)). Dr. Wims provides administrationoversight for the divisions of Academic Affairs and Research at Alabama A&M. (Doc. 112-1, p. 13; Doc. 112-15, p. 2 (Wims Aff., ¶ 3)). Part of Dr. Wims's duties includes reminding faculty members of their deadlines to apply for tenure. (Doc. 112-1, p. 13; Doc. 112-15, pp. 2-3 (Wims Aff., ¶ 3); Doc. 112-10, p. 21 (Studdard Dep., p. 79, lines 11-16)). Dr. Wims also provides recommendations to Dr. Hugine regarding whether tenure applicants should receive tenure. (Doc. 112-1, p. 13; Doc. 112-15, pp. 2-3 (Wims Aff., ¶ 3); Doc. 112-10, p. 19 (Studdard Dep., p. 71, lines 8-15)). Dr. Wims was not plaintiff's direct supervisor. (Doc. 112-10, p. 22 (Studdard Dep., p. 82, lines 2-5)).
Dr. McDaniel is the chair of the Department of Management, Marketing, and Logistics in the College of Business. (Doc. 112-1, p. 13; Doc. 112-17, p. 2 (McDaniel Aff., ¶ 2)). Dr. McDaniel's responsibilities include providing evaluations of faculty members and participating in the submission of tenure materials for faculty members in his department. (Doc. 112-1, p. 14; Doc. 112-17, pp. 2-3 (McDaniel Aff., ¶ 3)).
Dr. Smith is the current dean of the College of Business and Public Affairs. (Doc. 79, ¶ 9; Doc. 112-1, p. 14). Dr. Smith's predecessor was Dr. Sarkar, who was, as described below, involved in some of the events at issue in this lawsuit. (Id.).
When plaintiff was hired at Alabama A&M, the 2003 Faculty Handbook was in effect. (Doc. 112-10, p. 68 (Studdard Dep., p. 267, lines 2-22)). Under the 2003 Faculty Handbook, a person appointed as an associate professor would serve a probationary term of three academic years. (Doc. 112-15, pp. 40, 60 (Wims Aff., Ex. 1)). The 2003 Faculty Handbook stated that a faculty member may submit an application for tenure in the fall semester of the final year of the required period for a certain rank. (Doc. 112-15, p. 61 (Wims Aff., Ex. 1)). Thus, it appears that an associate professor would apply for tenure in the fall of the third year of his or her probationary period. The probationary period could be extended upon written justification requested by the dean and department chair and approved by the vice president for Academic Affairs. (Doc. 112-15, p. 60 (Wims Aff., Ex. 1)). If tenure was denied, then the faculty member would be given a one-year notice of termination of service. (Doc. 112-15, p. 61 (Wims Aff., Ex. 1)). The requirements for tenure under the 2003 Faculty Handbook were as follows:
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