Taleyarkhan v. Purdue Univ.

• Decision Date: 29 September 2014
• Docket Number: No. 4:10 CV 39,4:10 CV 39
• Parties: RUSI P. TALEYARKHAN, Plaintiff, v. PURDUE UNIVERSITY, Defendant.
• Court: U.S. District Court — Northern District of Indiana

RUSI P. TALEYARKHAN, Plaintiff, v. PURDUE UNIVERSITY, Defendant.

No. 4:10 CV 39

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION AT LAFAYETTE

September 29, 2014

OPINION and ORDER

I. BACKGROUND¹

Plaintiff Rusi P. Taleyarkhan claims that, in 2002, he led a team of scientific researchers in the discovery of sonofusion (often referred to as "bubblefusion"), a discovery that was highly significant because it marked the breaking of the fusion barrier for the first time in world history. (DE # 103-1 at 3-4.) The results of plaintiff's experiments, which were conducted at Oak Ridge National Laboratory, were published in the prestigious Science magazine that same year. (Id.)

In 2003, plaintiff was recruited to work for defendant Purdue University by the then-head of the School of Nuclear Engineering, Lefteri Tsoukalas. In 2005, plaintiff was awarded a grant from the Office of Naval Research ("ONR") to fund attempts atreplicating the experiments.² Also in 2005, several papers were published by Yiban Xu and Adam Butt, other scientists at Purdue, claiming to support plaintiff's previous research. (DE # 103-1 at 28.) The collaboration between plaintiff and Tsoukalas eventually broke down and Tsoukalas began calling plaintiff's sonofusion research into question.

In February of 2006, Tsoukalas convened a fact-finding committee (the "Tsoukalas Inquiry Committee") to look into potential research misconduct on the part of plaintiff. (DE # 103-1 at 29; DE # 97-2 at 5.) Plaintiff argues that Tsoukalas did so without properly informing plaintiff or university authorities as required by university policy. (DE # 103-1 at 7.) The Tsoukalas Inquiry Committee completed a report in February 2006 suggesting improper behavior on the part of plaintiff. (DE # 103-1 at 29; DE # 97-2 at 5.) However, defendant claims that it took no action against plaintiff as a result of the Tsoukalas Inquiry, because the committee was established in violation of university protocol. (DE # 97-2 at 5.) Plaintiff claims that as a result of Tsoukalas's inquiry, he experienced the loss of a lecture course, denial of post-doctoral hires and reappointments, the refusal of defendant to submit proposals to the government, and removal of his information from the university webpage. (DE # 103-1 at 30.)

Tsoukalas also criticized plaintiff's research to the press, which plaintiff claims violated Purdue policy. (DE # 103-1 at 7.) On March 8, 2006, the science magazineNature published an article about the dissidence between Tsoukalas and plaintiff with regard to sonofusion research. (DE # 97-2 at 5; DE # 103-1 at 7.) In response to the controversy and the Nature article, defendant convened an ad hoc committee (the "Ad Hoc Committee"). (DE # 97-2 at 5.) The committee recommended further study of the experimental methods used by plaintiff and a determination of whether faculty engaged in nonprofessional actions. (DE # 97-2 at 6.)

Tsoukalas lost his post as head of the School of Nuclear Engineering in August 2006. (DE # 97-12 at 3.) Plaintiff alleges that this was because Tsoukalas was found to have violated university policies with regard to the initiation of the Tsoukalas Inquiry Committee; however, according to plaintiff, defendant declared that Tsoukalas was voluntarily stepping down, publicly supporting his image and standing in the academic community. (DE # 103-1 at 28.) The Dean of the College of Engineering, Leah Jamieson, named Dr. Vincent Bralts as Tsoukalas's successor. (DE # 97-2 at 3-4.)

In September of 2006, Tsoukalas and another doctor, Dr. Bertodano, made allegations of research misconduct against plaintiff to Dean Jamieson. (DE # 97-2 at 6.) According to plaintiff, these allegations were the brainchild of Purdue's Vice-President of Research, Dr. Rutledge, who invited Tsoukalas and Bertodano to submit the allegations. (DE # 103-1 at 8.) At this time, an inquiry committee (the "2006 Inquiry Committee") was formed by Dean Jamieson. (DE # 97-2 at 7.) This committee had one Indian member out of three total. (DE # 103-1 at 10.) On December 15, 2006, the 2006 Inquiry Committee found insufficient evidence to conclude that a further investigativecommittee should be formed to pursue the allegations of research misconduct brought up by Tsoukalas and Bertodano. (DE # 103-1 at 8; DE # 97-2 at 7.) On February 7, 2007, defendant issued a press release sharing the committee's conclusion. (DE # 103-1 at 9.)

In March 2007, United States Congressman Brad Miller of North Carolina urged defendant to renew its investigation into plaintiff. (DE # 103-1 at 10; DE # 97-2 at 8.) ONR Inspector General, Holly Adams, was also involved in this renewed investigation in an oversight capacity. (DE # 103-1 at 10; DE # 97-2 at 8.) After this, another inquiry committee was formed (the "2007 Inquiry Committee"). (DE # 103-1 at 10.) This committee had no Indian members out of five total. (Id. at 10.) The 2007 Inquiry Committee issued a report dated August 27, 2007 (id. at 12), in which it forwarded 12 allegations out of 34 total to an investigation committee (the "Investigative Committee") for adjudication. (Id. at 11-12.) The Investigative Committee did not have any non-whites. (Id. at 11.)

The Investigative Committee claims that it aggregated and restated some of the allegations forwarded by the 2007 Inquiry Committee "[f]or the sake of clarity." (DE # 97-20 at 5.) Plaintiff claims that the allegations were changed to include two new allegations which were not on the list forwarded by the 2007 Inquiry Committee. (DE # 103-1 at 12.) According to plaintiff, he had already been exonerated of these new allegations by the 2006 Inquiry Committee. (Id. at 13.) The Investigative Committee issued its final report on April 18, 2008, finding plaintiff guilty of two allegations of research misconduct. (DE # 97-20 at 2.) Specifically, the Investigative Committee foundthat: (1) plaintiff compelled the addition of Butt's name as an author on one of the papers supporting plaintiff's prior research to create the appearance that Xu had collaborated with someone in researching and drafting the paper; and (2) plaintiff falsely stated, in a scientific paper, that his research and been "independently confirmed" by Xu, when the supposedly confirmatory work by Xu actually involved direct mentoring, editing, and promotion by plaintiff himself. (DE # 97-20 at 23.) On July 18, 2008, Purdue issued a press release stating the results of the investigation. (DE # 97-2 at 18.)

Plaintiff appealed the Investigative Committee's findings to an appellate committee (the "Appeals Committee"). (DE # 103-1 at 42.) The Appeals Committee upheld the Investigative Committee's decision in a report dated August 21, 2008. (DE # 97 at 17.) On August 27, 2008, plaintiff received notice via a letter from Purdue's Provost, Randy Woodson, that multiple sanctions would be levied on plaintiff. (Id. at 14-15.) Plaintiff was stripped of his named chair professorship, denied access to the associated discretionary funds, subjected to a salary reduction, was removed from the School of Nuclear Engineering Graduate Committee, and though he continued to advise students, he was denied the privilege of being recognized on theses as the Major Professor of the students. (Id. at 21.) Plaintiff further claims that, in October 2008, defendant instructed plaintiff to spend extra time and effort compiling work product, and denied plaintiff's requests for extra time and compensation. (Id. at 17.) Plaintiff complied with the request. (Id.) At some point in 2008, ONR subjected plaintiff todebarment due to the findings of misconduct, rendering plaintiff unable to receive federal grants or contracts through 2011. (Id. at 20.) Plaintiff asserts that defendant denied plaintiff's requests for institutional assistance for contesting the debarment procedures and effectively "disowned" plaintiff and left him to "fend for himself" against ONR's attack. (Id. at 18, 52.) In 2009, Purdue declined to accept grant money that plaintiff had applied for and had been awarded. (Id. at 19-20.) Plaintiff also alleges that he was required to sign over the rights to an invention at some point after the announcement of his guilt. (Id. at 21.)

Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") on February 14, 2009, claiming that defendant had permitted an environment of racial slurs, had levied disproportionate sanctions upon him, had fabricated allegations against him, and had violated its own rules, all because he was Indian. (DE # 103-8 at 29.) After receiving a right-to-sue letter from the EEOC, plaintiff filed the present pro se lawsuit on May 4, 2010, alleging that defendant violated Title VII of the Civil Rights Act of 1964 and committed several torts. (DE # 1.) After the case had been pending for over three years and the discovery period had closed (a period which had been generously extended numerous times by Magistrate Judge Andrew P. Rodovich), defendant filed a motion for summary judgment under FEDERAL RULE OF CIVIL PROCEDURE 56. (DE # 96.) After plaintiff filed his pro se response, defendant filed a RULE 56 motion to strike several affidavits filed by plaintiff with his response. (DE # 105.) Both motions are now fully briefed and ripe for review.

II. LEGAL STANDARD

FEDERAL RULE OF CIVIL PROCEDURE 56 requires the entry of summary judgment, after adequate time for discovery, against a party "who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). In responding to a motion for summary judgment, the non-moving party must identify specific facts establishing that there is a genuine issue of fact for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986); Palmer v. Marion County, 327 F.3d 588, 595 (7th Cir. 2003). In doing so, the non-moving party...