Baker v. Lafayette College

504 A.2d 247, 350 Pa. Super. 68, 1986 Pa. Super. LEXIS 9063
CourtSupreme Court of Pennsylvania
DecidedJanuary 28, 1986
Docket02809
StatusPublished
Cited by77 cases

This text of 504 A.2d 247 (Baker v. Lafayette College) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. Lafayette College, 504 A.2d 247, 350 Pa. Super. 68, 1986 Pa. Super. LEXIS 9063 (Pa. 1986).

Opinions

[71]*71BECK, Judge:

Appellant Melvin Baker (“Baker”) was employed by appellee Lafayette College (“the College”) as an assistant professor of art under a two-year contract. The College did not reappoint Professor Baker at the end of his two-year term. After Baker’s internal appeals proved unsuccessful, he commenced the instant action against the College. His complaint contained three counts: Counts I and II sounded in defamation, and Count III in breach of contract. Baker brings the instant appeal from two orders of the trial court. The first order sustained the College’s preliminary objections with respect to parts of counts I and II of the complaint and dismissed the complaint with respect to those parts of Counts I and II. The second order granted the College’s motion for summary judgment on all remaining claims. We affirm.

DEFAMATION

Baker’s defamation claims are based on four documents, attached as exhibits to his complaint, containing statements pertaining to Baker’s performance as a faculty member at Lafayette College.1 Exhibit A is a letter written by Professor Joseph Gluhman, then head of the art department, evaluating Baker’s performance after the first year of his two-year appointment. Exhibit B is another evaluation of Baker’s performance by Professor Gluhman, dated midway through the second year of Baker’s contract. Both of these letters are highly critical of Baker’s teaching ability, his grading standards, his willingness to contribute to improving the art department and his relationships with other members of the faculty. The second letter (Exhibit B) specifically recommends that Baker not be reappointed.

Exhibit C is a memorandum from Gluhman to Provost George Sause commenting unfavorably on the presence of [72]*72Baker’s wife in his classes. Gluhman concludes the memo by stating that no action should or need be taken because Baker had already been informed that he would not be reappointed.

Finally, Exhibit D is a report written by Dean David Pease of the Tyler School of Art and addressed to Sause. The report states that Pease visited the Lafayette campus on December 20, 1977 at Gluhman’s invitation “to discuss the performance of a member of the studio faculty and to review the decision concerning his termination.” In the report, Pease indicates his agreement with the decision not to reappoint Baker, and he repeats several of the factual statements about Baker’s teaching practices contained in Exhibits A and B, attributing these statements to Gluhman.

The trial court dismissed Baker’s complaint with respect to Exhibits A and B on the grounds that Baker consented to the publication of these evaluations and that this consent gives the College an absolute privilege. We agree. Section 583 of the Restatement (Second) of Torts (1977) states that “the consent of another to the publication of defamatory matter concerning him is a complete defense to his action for defamation.” Comment (f) elaborates on the meaning of “complete defense,” saying

The privilege conferred by the consent of the person about whom the defamatory matter is published is absolute. The protection given by it is complete, and it is not affected by the ill will or personal hostility of the publisher or by any improper purpose for which he may make the publication.

In DeLuca v. Reader, 227 Pa.Super. 392, 323 A.2d 309 (1974), this court cited § 583 in support of its holding that a letter explaining the reasons for disciplinary action against an employee was absolutely privileged where the collective bargaining agreement between the employer and the labor union required the employer to state in writing the reasons for discharge or other disciplinary action. DeLuca is commonly cited for the proposition that the public policy embodied in the federal labor laws favoring private resolution of [73]*73labor-management disputes requires an absolute privilege to facilitate open and freewheeling debate. See, e.g., Gordon v. Lancaster Osteopathic Hospital, 340 Pa.Super. 253, 489 A.2d 1364 (1985) (Cirillo, J. concurring and dissenting); Agriss v. Roadway Express Inc., 334 Pa.Super. 295, 483 A.2d 456 (1984). However, the opinion may also be fairly read as holding that where an employment contract mandates that certain written notices or statements be disseminated to interested persons involved in evaluating an employee’s record for the purposes of retention, promotion, discharge or discipline, an employee who is a party to the contract has consented to the publication of such statements, making them absolutely privileged.

We believe that the concept that an employer should not be subject to a defamation suit by an employee based on statements the employer is contractually compelled to make may be extended to employment contracts in non-union contexts as well. In the instant case, Baker argues (in support of his breach of contract claim) that the Faculty Handbook is part of his employment contract. The Handbook provides for annual written evaluations by the department head. Recognizing the implications of this argument, Baker concedes that he consented to be evaluated:

By signing his employment contract he agreed to the evaluation procedures as set forth in The Faculty Handbook. Baker admits The Faculty Handbook contained conditions bearing upon his contract with College. Further, it cannot be argued that by accepting those conditions he did not agree to the evaluation process contained therein. Stated simply, Baker consented to be subject to the evaluation process.

Appellant’s Brief at 16. As we shall explain in more detail below, we agree that the terms and conditions in the Faculty Handbook were part of the contract between Baker and the College. We therefore hold that Baker consented to the publication of the evaluations which constitute Exhibits A and B.

[74]*74Baker’s position is that any consent he gave to be evaluated does not bar our inquiry into the accuracy and objectivity of the evaluations and the state of mind and degree of care of those responsible for the publications. Baker relies on comment (d) to § 583 of the Restatement, which states that “one who agrees to submit his conduct to investigation knowing that its results will be published, consents to the publication of the honest findings of the investigators ” (emphasis added). Baker contends that because of Professor Gluhman’s bias and irrational behavior, his evaluations were not honest, objective or legitimate and hence should not be privileged.

Baker’s argument fails because it is inconsistent with the nature of an absolute privilege. In determining the meaning intended by the drafters of § 583 of the Restatement, we should view the commentary with caution, just as we hold that the text of a procedural rule or uniform act controls over the comments thereto to the extent they are inconsistent. See, e.g., In re Bristol Associates Inc., 505 F.2d 1056 (3rd Cir.1974) (comments to Uniform Commercial Code). We therefore decline to apply comment (d) in the manner suggested by Baker because that would have the effect of converting the consent privilege from an absolute privilege to a conditional one.

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Bluebook (online)
504 A.2d 247, 350 Pa. Super. 68, 1986 Pa. Super. LEXIS 9063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-lafayette-college-pa-1986.