University of Wyoming v. Gressley, s. 96-10

• Decision Date: 29 April 1999
• Docket Number: 96-9,Nos. 96-10,s. 96-10
• Parties: 135 Ed. Law Rep. 257 UNIVERSITY OF WYOMING Through Its Trustees including: Elizabeth A. Kail, W. Perry Dray, Dan Kinnaman, Forrest Kepler, Harry Lee Harris, Peter M. Jorgensen, Geraldine Kirk, Jerry Saunders, M.D., Dave Bonner, Deborah Healy Hammons, David W. "Bud" Updike, and F. Richard Brown, in their official capacities, Appellants (Defendants), v. Gene M. GRESSLEY, Appellee (Plaintiff). Gene M. Gressley, Appellant (Plaintiff), v. Helen Deutsch; and University Of Wyoming Through Its Trustees Including: Elizabeth A. Kail, W. Perry Dray, Dan Kinnaman, Forrest Kepler, Harry Lee Harris, Peter M. Jorgensen, Geraldine Kirk, Jerry Saunders, M.D., Dave Bonner, Deborah Healy Hammons, David W. "Bud" Updike, and F. Richard Brown, in their official capacities, Appellees (Defendants).
• Court: Wyoming Supreme Court

Page 1146

978 P.2d 1146

135 Ed. Law Rep. 257

UNIVERSITY OF WYOMING Through Its Trustees including: Elizabeth A. Kail, W. Perry Dray, Dan Kinnaman, Forrest Kepler, Harry Lee Harris, Peter M. Jorgensen, Geraldine Kirk, Jerry Saunders, M.D., Dave Bonner, Deborah Healy Hammons, David W. "Bud" Updike, and F. Richard Brown, in their official capacities, Appellants (Defendants), v. Gene M. GRESSLEY, Appellee (Plaintiff).

Gene M. Gressley, Appellant (Plaintiff), v. Helen Deutsch; and University Of Wyoming Through Its Trustees Including: Elizabeth A. Kail, W. Perry Dray, Dan Kinnaman, Forrest Kepler, Harry Lee Harris, Peter M. Jorgensen, Geraldine Kirk, Jerry Saunders, M.D., Dave Bonner, Deborah Healy Hammons, David W. "Bud" Updike, and F. Richard Brown, in their official capacities, Appellees (Defendants).

Nos. 96-10, 96-9.

Supreme Court of Wyoming.

April 29, 1999.

Ford T. Bussart of Bussart, West, Rossetti, Piaia & Tyler, P.C., Rock Springs, Wyoming, Representing University of Wyoming, et al.

Walter Urbigkit of Frontier Law Center, Cheyenne, Wyoming, Representing Gene M. Gressley.

Before LEHMAN, C.J., and THOMAS,

MACY, GOLDEN, ^* and TAYLOR, ^** JJ.

THOMAS, Justice.

In this case, we address questions of issue and claim preclusion ascribable to the efforts of Gene M. Gressley (Gressley) to challenge his discharge as Assistant to the President for the American Heritage Center and as a professor by the University of Wyoming (University). Gressley challenged his discharge by pursuing formal administrative proceedings provided by University regulations and by a civil action in the United States District Court for the District of Wyoming. He did not seek judicial review of the decision of the Board of Trustees of the University to approve his discharge. The state district court dismissed Gressley's claims relating to breach of his employment contract because of the prior resolution of those claims and the issues encompassed in them by the administrative proceedings pursuant to the University regulations and the federal court action. A collateral issue is raised in an appeal by the University from the ruling of the state district court that it is an agency under state administrative law, which must formally adopt rules under the Wyoming Administrative Procedure Act in order to exclude Gressley from access to documents and records in the care, custody and control of the University. We affirm the decision of the state district court in all respects.

In the Brief of Appellants/Defendants, filed on behalf of the University, actually the individual members of the University's Board of Trustees in their official capacities, the issues are stated as:

A. Did the Trial Court err in determining that the University of Wyoming is an "agency" for purposes of rule-making requirements of the Wyoming Administrative Procedure Act, §§ 16-3-101 through 16-3-115, W.S.1977 Republished Edition?

B. Did the Trial Court err in ordering the University of Wyoming to adopt an "APA-Sufficient" rule for access by Plaintiff to the business records of the University's American Heritage Center?

In the Brief of Appellee Gene M. Gressley, his position on the University's appeal is stated as:

A. Whether the University of Wyoming is a state agency, dependent upon legislative control and subject to the Wyoming Public Records Act (Wyo.Stat. § 16-4-101 et seq.) and the rule making requirements of the Wyoming Administrative Procedure Act (Wyo.Stat. § 16-3-101 et seq.) on the restrictions which it imposed on access to the records of the American Heritage Center?

In Gressley's appeal, the issues set forth in the Opening Brief of Appellant/Plaintiff, Gene M. Gressley are:

A. Is the plaintiff's contract claim timely?

B. Are plaintiff's claims barred by his alleged failure to exhaust state remedies?

C. Does collateral estoppel apply?

D. Are plaintiff's claims for relief under 42 U.S.C. § 1983 cognizable?

E. Does res judicata apply?

In the Brief of Appellees/Defendants University of Wyoming, the issues are not stated as such, but the following points are argued in the brief:

1. The doctrine of exhaustion of remedies bars all of appellant/plaintiff's claims for relief

2. The doctrine of collateral estoppel bars all of appellant/plaintiff's claims for relief

3. It is settled federal and Wyoming law that the University of Wyoming and its Trustees in their official capacities are not "persons" subject to suit as defined by 42 U.S.C. § 1983. Appellant/plaintiff's second and fourth claims for relief are therefore not cognizable

4. Appellant/plaintiff's request for injunctive relief failed to show that he would prevail on the merits of his underlying claim, and the federal court's ruling is res judicata 5. The administrative process utilized by the University of Wyoming to effect appellant/plaintiff's termination is valid

In the Reply Brief of Gene M. Gressley, this analysis of issues is included:

Some road map for direction finding is required to take the Gressley Appeal Brief with its recitation of five issues and argument enumeration to relate the Appellant's brief text to the five non-parallel arguments presented by the University of Wyoming as Appellee.

The motion to dismiss from which this appeal was taken followed adverse Wyo.R.Civ.P. 12(b)(6) complaint dismissal of Plaintiff Gressley's first, second and fourth claim. The broad language utilized by the court in stating the basis for decision cannot be reconciled to the status of the claims in the Complaint nor does Appellee provide any rationalization for the applied scope of the Court's decision except as to one of Appellant's five issues where a directly stated response is made (Claim Four).

Gressley first became a member of the University faculty in 1956 when he was hired as an Archivist and an instructor. In 1959, he was promoted to Assistant Professor, and in 1960, the University granted him tenure. In 1962, he was promoted to Associate Professor. He also served the University as Assistant Director of the library; the Director of the Division of Rare Books and Special Collections; Research Professor of American Studies; and, in 1964, Gressley became a full Professor of the University library. Previously in 1969, he had been appointed Director of American Studies, and later he was made Assistant to the President for the American Heritage Center. In February of 1988, the President of the University reassigned Gressley to the position of Assistant to the President for the American Heritage Center, in addition to his status as a Professor.

In 1991, the President of the University and Gressley disagreed about his new job description and the responsibilities associated with that position. The disagreement caused the President to write two letters to Gressley, one dated June 6, 1991, and a second dated July 30, 1991, in which the President outlined Gressley's duties. The thrust of these letters was to advise Gressley that he no longer would be permitted to independently communicate with donors or patrons in soliciting funds or acquisitions for the American Heritage Center. Gressley was told that he was to function as a University Professor performing appropriate academic research and teaching. The President and the University believe that Gressley continued to communicate with American Heritage Center donors and patrons after his authority to do so had been withdrawn.

On November 10, 1991, the President filed a recommendation for Gressley's dismissal as a tenured professor of the University. Because of his tenure, Gressley's termination had to be for cause, and the dismissal necessarily had to be accomplished pursuant to University Regulation 801 (Regulation 801). This regulation provides for preliminary proceedings designed essentially to bring about an informal resolution between the University and the faculty member. Section 1(a)(3) of Regulation 801 provides:

If at any time during the preliminary proceedings the faculty member requests that the formal proceedings be held, these shall be initiated within one month or the matter shall be dropped.

In a letter dated August 11, 1992, Gressley's attorney requested the University "again to file the charges * * *." ¹ On November 10, 1992, the President's formal charges were sent directly to Gressley in a statement of grounds for dismissal, along with a copy of Regulation 801. Enclosed were an initial list of witnesses to be called by the University and a copy of the President's letter to the chair of the faculty senate. The letter to the chair advised that the Ad Hoc Hearing Committee should be appointed pursuant to Regulation 801, if Gressley requested a hearing within twenty days. In a letter dated November 16, 1992 to the chair of the faculty senate, Gressley moved to dismiss the charges as untimely. At the same time, he also requested a public hearing, and he submitted a formal answer to the charges on January 15, 1993.

The hearing Gressley requested was held from January 25 through January 29, 1993, and again during the evenings of February 1 through 10, 1993, before the faculty senate's Ad Hoc Hearing Committee (Committee). The Committee concluded that the University failed to initiate formal proceedings within a month of the request of August 11, 1992, from Gressley's attorney under Regulation 801, Section 1(a)(3) pertaining to "preliminary proceedings * * *." The Committee decided, however, that it was not empowered to dismiss the charges as untimely because its existence and jurisdiction are described, and come into effect, after the preliminary proceedings described in Section 1(a)(3) of Regulation 801 have been exhausted. The Committee found that six charges against Gressley could not be established by clear and convincing evidence, but it concluded that adequate cause existed for his dismissal based upon a "continuance pattern of interference with the administration of the [American Heritage Center] regarding donor matters;" ...