Brewington v. N.C. Agric. & Technical State Univ.

795 S.E.2d 157, 2017 WL 164463, 2017 N.C. App. LEXIS 36
CourtCourt of Appeals of North Carolina
DecidedJanuary 17, 2017
DocketNo. COA15-1331
StatusPublished

This text of 795 S.E.2d 157 (Brewington v. N.C. Agric. & Technical State Univ.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brewington v. N.C. Agric. & Technical State Univ., 795 S.E.2d 157, 2017 WL 164463, 2017 N.C. App. LEXIS 36 (N.C. Ct. App. 2017).

Opinion

DAVIS, Judge.

Marilyn R. Brewington ("Petitioner") appeals from the trial court's order affirming the termination of her employment with North Carolina Agricultural & Technical State University (the "University"). On appeal, she argues that the University lacked just cause to discharge her. After careful review, we affirm.

Factual and Procedural Background

The events giving rise to this action began when the University selected a new dean for the University's School of Agricultural and Environmental Sciences (the "SAES") in the summer of 2011. Petitioner was employed by the University as the long-time executive assistant to Dr. Donald McDowell. In 2008, Dr. McDowell was appointed to serve as the Interim Dean of the SAES, a position he held for three years. While he was in that role, he appointed Petitioner to the position of Executive Assistant to the Dean. In this capacity, she reported to him and to the Associate Dean, and she was responsible for providing administrative support to Dr. McDowell. At some point during that period of time, Dr. McDowell gave Petitioner written authorization to sign his name on documents.

In 2011, the University decided to select a permanent dean for the SAES. Dr. McDowell applied for the position but was not chosen. Instead, Dr. William Randle was selected and began serving as Dean in September 2011. Dean Randle was the first Caucasian Dean of the SAES in one hundred years. He was also the first Dean selected from outside the University in over 60 years.

Petitioner was upset about Dean Randle's appointment. Prior to Dean Randle beginning his term as Dean, Petitioner and Gwen Robinson-another assistant in the Dean's office-conducted prayer sessions during which they prayed that Dean Randle would not come to the University and that Dr. McDowell would instead be appointed as Dean. Petitioner was overheard by Star Surgeon, a graduate student working in the office, stating "that she would not do 's[**]t' that Dean Randle asked her to do." She also told Surgeon that "a white man couldn't run the school and you couldn't trust white people."

When Dean Randle began working at the University, Petitioner was generally unhelpful and disrespectful towards him. When he told her he needed to obtain a parking permit, she did not inform him that he had been specifically allocated a parking space as Dean of the SAES. As a result, he parked at the University without a permit for a month. At one point during the semester, Petitioner referred to Dean Randle during a conversation with Surgeon as a "white devil."

Even though Petitioner had helped organize Homecoming activities in past years, Petitioner did not inform Dean Randle of the significance of the SAES Homecoming and worked to prevent him from organizing a successful event. Petitioner cancelled previous orders for a tent and water bottles for the SAES Homecoming event without Dean Randle's knowledge. When she overheard Associate Dean Louis T. Ellis talking about funds for Homecoming events, Petitioner interrupted the conversation, stating loudly that Ellis was "nothing but a house n[****]r" and indicating her displeasure that Ellis was helping Dean Randle plan the Homecoming event.

Although there were a number of incidents involving Petitioner that reflected her hostility toward Dean Randle, three specific incidents triggered the University's decision to dismiss her. First, Petitioner signed a hiring form on behalf of Dean Randle without his prior knowledge or approval and without written authorization. Second, Petitioner refused to comply with Dean Randle's order to provide Ellis with information regarding available funds within the SAES to hire adjunct faculty and subsequently took steps to move department funds for this purpose without Dean Randle's approval. Third, Petitioner took sick leave without prior notification to, or approval from, Dean Randle after he had expressly told her that she needed his approval in order to take leave. Each of these incidents is discussed below.

I. Signing of Hiring Form

When Dean Randle first began working at the SAES, Petitioner and Robinson asked him if they should "continue business as they had in the past." Dean Randle responded that "they should continue as they had been doing until he got a sense of how business was done at NCA&T as he did not want to stop the business function of the SAES." Following this conversation, Petitioner began signing forms on Dean Randle's behalf without expressly informing him that she was doing so.

In early fall of 2011, forms that Petitioner had signed were returned to the Dean's office because Dean Randle had not signed them himself. Petitioner informed Dean Randle that he had to sign those forms himself. Dean Randle later testified that he had not been aware that Petitioner had been signing forms on his behalf.

On 7 December 2011, Sylvia Anderson, the University's Director of Employee Relations and Affirmative Action, sent Dean Randle an email making him aware that a new employee had been approved for hiring as a nutrition specialist in the SAES. When Dean Randle opened the attachment to the email, he learned that on 6 December 2011 Petitioner had signed his name on an EEO Form 102, authorizing the hiring of the new employee. He later testified that he had never given Petitioner permission to sign his name for him on personnel forms and that he had no prior knowledge regarding the new employee. He emailed Anderson and told her that Petitioner did not have authority to sign his name on the hiring form.

II. Request for Budget Information and Transfer of Funds

In early December 2011, Dean Randle contacted Ellis about trying to find funds to hire adjunct faculty for the University's Department of Family and Consumer Science, a department within the SAES. Because Petitioner had worked on position management issues for the SAES and had experience with issues relating to the release of funds, Dean Randle instructed Ellis to contact her to find out if release funds were available to fund the adjunct professor positions.

Upon receiving this instruction, Ellis went to Petitioner's office. He explained the assignment he had been given by Dean Randle and asked her if there were release funds available for the hiring of adjunct professors. He testified that Petitioner's responses to his queries were unhelpful and that he had to go outside of the SAES to obtain assistance.

On 7 December 2011, Ellis told Dean Randle about Petitioner's refusal to provide assistance to him. On the following morning, Dean Randle ordered Petitioner to provide the information Ellis had requested. Later that morning, Petitioner sent Dean Randle the following email: "Dr. Jackai has money that can be used to pay Adjunct Faculty in FCS. They can be paid from position [sic] vacated by Dr. Glass."

That same morning, Dean Randle received an email from Dr. Jackai, the chairperson of the SAES's Department of Natural Resources and Environmental Design. The email stated: "It looks like our funds are about to be used up for someone else. If you approve, I'm fine since I can always come back to you for funds. But I would like to talk with you sometime tomorrow ... morning concerning this." Upon investigating why Dr. Jackai was emailing him regarding these funds, Dean Randle learned that Petitioner had been preparing to transfer funds from the Natural Resources and Environmental Design Department to the Family and Consumer Science Department despite the fact that Dean Randle had not authorized her to take such action.

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Cite This Page — Counsel Stack

Bluebook (online)
795 S.E.2d 157, 2017 WL 164463, 2017 N.C. App. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewington-v-nc-agric-technical-state-univ-ncctapp-2017.