Timm v. Wright State University, 03-3371.
| Decision Date | 07 July 2004 |
| Docket Number | No. 03-3371.,03-3371. |
| Citation | 375 F.3d 418 |
| Parties | Teresa TIMM, Plaintiff-Appellant, v. WRIGHT STATE UNIVERSITY, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
John R. Folkerth, Jr. (argued and briefed), Folkerth & Folkerth, Dayton, OH, for Plaintiff-Appellant.
Terence L. Fague (argued and briefed), Samuel E. Calabrese, Coolidge, Wall, Womsley & Lombard Co., Dayton, OH, for Defendants-Appellees.
Before MARTIN and SUTTON, Circuit Judges; WILLIAMS, Senior District Judge.*
Plaintiff Teresa Timm filed suit against Wright State University, University Provost Perry Moore, University President Kim Goldenberg, and Janet Gibbs, alleging that the University violated a number of her rights when it terminated her employment in December 1998. The district court granted summary judgment in favor of the defendants on all of Ms. Timm's claims. Ms. Timm appealed, arguing that the district court erred in its judgment on her First Amendment, Rehabilitation Act, and Equal Protection Clause claims. We affirm.
Ms. Gibbs, an employee in the school's business and finance department, hired Ms. Timm as Director of Internal Audit for the University in November 1995. In June 1997, the University promoted Ms. Timm to Assistant Vice President for Business and Financial Services. Ms. Gibbs served as Ms. Timm's immediate supervisor throughout her employment with the University.
After Ms. Timm assumed the role of Assistant Vice President, she and Dr. Susan Lightle compiled a list for Ms. Gibbs of candidates to fill the then-vacant auditor position. In January 1998, Ms. Gibbs hired an Asian man whom Ms. Timm considered less qualified than other candidates she and Dr. Lightle evaluated. Ms. Timm alleges that Ms. Gibbs made her selection solely to diversify the racial makeup of the office, and not because the man was the most qualified for the position. At one point, Ms. Timm confronted Ms. Gibbs about her decision and warned her that her choice could have negative legal ramifications. Ms. Gibbs also reports that Ms. Timm grew increasingly resentful and hostile towards her after the hiring.
In a related dispute, Ms. Gibbs reports that Ms. Timm defied her instructions when she invited candidates for the audit position to a party, where they met one another and mingled with University employees. In addition, Ms. Gibbs alleges that Ms. Timm reported to her who she and Dr. Lightle considered the most qualified for the auditor position after Ms. Gibbs specifically asked her not to reveal their choice to her.
Another rift developed between Ms. Timm and Ms. Gibbs in March 1998 following the death of former University President, Dr. Harley E. Flack. Ms. Timm accused Ms. Gibbs of improperly allocating University funds to cover expenses related to his funeral and the Flack family's move. Ms. Timm reports that two University employees approached her about the allegedly improper expenses, and that both expressed a fear that Ms. Gibbs would retaliate against them if they spoke out. News of the allegedly improper expenditures leaked to the media, and a state auditor was called to review the University's finances in July 1998. The audit found no evidence of impropriety.
On several occasions during the state audit, Ms. Timm directly asked Ms. Gibbs about certain expenditures. Ms. Timm alleges that Ms. Gibbs acted unconcerned and told her that the state auditor would determine whether any payments were improper. After a number of other University employees approached her about the audit, Ms. Timm gave audit-related documents to Mr. John Bale, an Associate Dean for the School of Medicine, whom she thought would pass them to the new University President, Dr. Goldenberg. Mr. Bale is uncertain whether he passed the documents to Dr. Goldenberg.
After Ms. Timm forwarded the documents to Mr. Bale, she alleges that Ms. Gibbs began treating her in a hostile manner. Specifically, Ms. Timm alleges that Ms. Gibbs mocked her for suffering from depression and criticized her ability to communicate with other employees.
The working relationship between Ms. Timm and Ms. Gibbs grew worse after Ms. Timm hired a graduate student with whom she used to work to complete a computer project for the University. Ms. Gibbs alleges that she told Ms. Timm not to hire her. After Ms. Gibbs learned that Ms. Timm entered into a contract with the graduate student, and that the media had inquired about the contract, Ms. Gibbs reprimanded Ms. Timm and directed her to cancel the contract.
Another disagreement developed between Ms. Timm and Ms. Gibbs after Ms. Timm unilaterally implemented a University charge-card system across the campus. Ms. Gibbs alleges that she warned Ms. Timm not to implement the system unilaterally because of the technical problems that it would likely cause. Despite this alleged warning, Ms. Timm implemented the system unilaterally and technical problems occurred.
In September 1998, Ms. Timm filed a Notification Form with the University stating that she suffered from a mental or social disorder. She claims comments that Ms. Gibbs made in the office, such as "this is insane," exacerbated her disorder. Throughout the months that followed, Ms. Timm states that Ms. Gibbs demeaned her and excluded her from certain meetings she had previously attended.
In October 1998, the school's business-and-finance-department staff, which included both Ms. Timm and Ms. Gibbs, participated in an annual retreat. At this retreat, Ms. Gibbs alleges that a number of senior staff members voiced their concern about Ms. Timm's performance at work. Ms. Gibbs also states that during the retreat, Ms. Timm was defensive and uncooperative.
Throughout November 1998, Ms. Timm alleges that Ms. Gibbs demeaned her through e-mail messages and through their personal contact with one another. At one point in November, Ms. Timm gave Ms. Gibbs a news clipping about bullying in the workplace. Ms. Gibbs reports that she met with Ms. Timm in November and advised her that many of the staff in their department had voiced concerns about working with her.
A business department meeting was scheduled for December 2, 1998. In the weeks leading up to this meeting, Ms. Timm states that she feared that Ms. Gibbs would humiliate her in front of her co-workers. Just days before the meeting, Ms. Timm contacted Dr. Moore, the University Provost, in an unsuccessful attempt to have him intervene and stop the meeting. On November 29, Ms. Timm sent an e-mail to Ms. Gibbs restating her grievances and informing her that she would seek an attorney's advice if the situation did not improve.
On December 3, 1998, Ms. Timm received her notice of termination from the University and was escorted off the campus. When Ms. Timm retrieved her personal items on January 15, 1999, she alleges that some of her files were missing and that some had been copied. In addition, her computer's hard drive had been removed.
Ms. Gibbs reports that she decided to terminate Ms. Timm in November 1998 based on four incidents of "gross insubordination" and the "unhealthy environment" she created in the office. The four incidents Ms. Gibbs recounted were:
(1) inviting candidates for the auditor position to a party after Ms. Gibbs specifically told her not to invite them;
(2) disclosing to Ms. Gibbs the candidate she and Dr. Lightle thought was most qualified for the auditor position after Ms. Gibbs told her not to tell her their preference;
(3) entering into a contract with a graduate student to complete a University computer project after Ms. Gibbs warned her not to contract with her; and
(4) implementing a charge-card system unilaterally across the campus after Ms. Gibbs told her to implement it in a piecemeal fashion.
Ms. Timm's amended complaint alleged eight causes of action, including violations of the First Amendment, Rehabilitation Act, Equal Protection Clause, and various Ohio state laws. The district court granted summary judgment on defendants' motion on all claims. Ms. Timm appealed the judgment of the First Amendment, Rehabilitation Act, and Equal Protection Clause claims.
We review a grant of summary judgment de novo. Barnhart v. Pickrel, Schaeffer and Ebeling Co. L.P.A., 12 F.3d 1382, 1388 (6th Cir.1993). Summary judgment is proper when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). A court considering a summary judgment motion considers the facts in a light most favorable to the non-moving party and draws all reasonable inferences in favor of the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986...
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