Chi-Sang Poon v. Massachusetts Institute of Technology

905 N.E.2d 137, 74 Mass. App. Ct. 185, 2009 Mass. App. LEXIS 585, 106 Fair Empl. Prac. Cas. (BNA) 478
CourtMassachusetts Appeals Court
DecidedMay 6, 2009
DocketNo. 06-P-1993
StatusPublished
Cited by13 cases

This text of 905 N.E.2d 137 (Chi-Sang Poon v. Massachusetts Institute of Technology) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chi-Sang Poon v. Massachusetts Institute of Technology, 905 N.E.2d 137, 74 Mass. App. Ct. 185, 2009 Mass. App. LEXIS 585, 106 Fair Empl. Prac. Cas. (BNA) 478 (Mass. Ct. App. 2009).

Opinion

Sikora, J.

This appeal requires review of a summary judgment disposition of claims of employment discrimination and retaliation brought under G. L. c. 15IB, § 4. The plaintiff employee Chi-Sang Poon, Ph.D. (Dr. Poon), is a scientist concentrating in the field of bioengineering. The defendant Massachusetts Institute of Technology (MIT) has been his employer for almost twenty years and the defendant Martha L. Gray, Ph.D. (Professor Gray), a member of the university faculty, has been a supervisor of Dr. Poon’s work for the past twelve years.

[186]*186Background. 1. Procedural history. In November, 2001, Dr. Poon lodged his original charges with the Massachusetts Commission Against Discrimination (MCAD). He alleged that MIT and Professor Gray had effectively denied him promotion from the position of principal research scientist (PRS) to the position of senior research scientist (SRS) in 1993, 1997, and 2001, by reason of his race (Asian) and national origin (Chinese), and that the defendants had subsequently retaliated against him for his complaints of discriminatory treatment in May and November, 2001. After investigation, the MCAD in May, 2004, found the claim of discriminatory nonpromotion in 1993 to be untimely and the claims of similar treatment in 1997 and 2001 and of retaliation after May, 2001, to lack the support of probable cause. It dismissed them.

In July, 2004, Dr. Poon brought the present action in the Superior Court upon the same claims of discrimination (count one) and retaliation (count two) in violation of G. L. c. 15IB, § 4. Extensive discovery results and verified information had accumulated in the MCAD and continued to accrue in the Superior Court in the form of answers to interrogatories, the production of documents, deposition testimony, and affidavit statements and exhibits. At the conclusion of discovery, MIT and Professor Gray moved for full summary judgment. They supported the motion with an itemized statement of undisputed facts and legal elements in accordance with Superior Court Rule 9A(b)(5).2 Pursuant to that rule, Dr. Poon responded to the defendants’ statements of facts and legal elements. After consideration of the voluminous record, memoranda of law, and oral argument, [187]*187in September of 2006, a judge of the Superior Court concluded in a thirty-four page memorandum of decision that the claim of discrimination in 1993 had become time barred and that the factual materials relating to the claims of discrimination in 1997 and 2001, and to the claim of retaliation after May, 2001, did not permit any reasonable expectation of proof at trial. She entered full summary judgment. Dr. Poon has appealed from the portion of the judgment disposing of the claims rooted in the events of 1997 onward.3

2. Facts. The following information emerges from the summary judgment record as undisputed. Dr. Poon was bom and raised in Hong Kong. He earned a bachelor’s and a master’s degree in electrical sciences from universities in that city and then a Ph.D. in systems science and bioengineering from the University of California, Los Angeles. From 1981 until 1988, he held junior faculty positions at North Dakota State University and began research in bioengineering subjects, particularly cardiovascular and respiratory functions. In 1988, he came to MIT as a visiting scientist in the Harvard-MIT Division of Health Sciences and Technology (HST).

HST is a multidisciplinary division, and not an academic department, of those universities. It engages in bioengineering [188]*188research strengthened by the human and technological resources available from the schools of general science, engineering, and medicine at each institution. Two codirectors serve as its chief officers. It enjoys access to approximately 200 faculty professors. HST maintains a staff of ten nonfaculty, nontenure track, MIT-employed research scientists. Those individuals fall into three ranks arranged in ascending order and title as research scientist (RS), principal research scientist (PRS), and senior research scientist (SRS). These ranks appear available across a number of MIT departments, divisions, and units, and not merely in the HST. In 1989, Dr. Poon received appointment as a PRS. Under MIT’s published policies and procedures, both SRS and PRS appointees enjoy indefinite duration but remain subject to quadrennial review and to periodic review by an appropriate supervisor (one of the two codirectors of HST) for determination of the continuance of the appointment in light of the quality of the individual’s work and the need for his or her services.

At all relevant times, the published qualifications for the rank of PRS have been the demonstrated ability “to generate and develop concepts independently and to conduct independent research” and the capacity for “unique scholarly or other technical contributions to research projects.”

The published qualifications for the higher rank of SRS have included the following.

“Individuals holding [an SRS] appointment conduct independent investigations, with the ability to direct the work of others. They possess a demonstrated research competence equal to that of a tenured faculty member. Appointment or promotion to this rank is evidence of wide external and internal recognition of independent contribution to research in the individual’s field. Such contributions may be illustrated by traditional scholarly recognition, excellence in the leadership of technical projects, or other significant research impact.”

In effect, MIT policies and procedures require from the SRS both the ability for independent research and the capacity for direction and leadership of other scientists.4

[189]*189a. Events of 1997.5 In February of 1997, Professor Gray, as codirector of HST, received a document entitled “Guidelines for the Review of Principal Research Scientists and Research Scientists” (guidelines) from the MIT vice-president and dean of research. The guidelines became effective on March 1, 1997, and required a four-year review of the performance of each PRS individual by a committee of three (two faculty and one researcher) appointed by an HST director. The committee was to evaluate the quality, funding, and future of the PRS’s research and educational contributions, and to submit a report to the HST codirectors. It was to solicit at least seven letters of assessment from recognized experts in the individual’s field at MIT; and six or more letters from comparable experts outside MIT. The HST head would, in turn, generate a recommendation about the PRS upward to the vice-president of research, and would provide the PRS with a formal written assessment of standing and of the probability for advancement.

During the period of January 31 into April, 1997, Professor Gray drafted documents in preparation for an assessment of Dr. Poon’s performance, including a request that he furnish a statement of career goals, a list of individuals within and beyond MIT capable of evaluation of him, and copies of five of his most recent and significant papers.

On April 8, she forwarded a memorandum to the members of the HST personnel committee placing the subject of Dr. Poon’s four-year evaluation under the new guidelines on the agenda of an April 11 meeting. At that meeting the members addressed the subject of evaluation of Dr. Poon and a second HST member.

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905 N.E.2d 137, 74 Mass. App. Ct. 185, 2009 Mass. App. LEXIS 585, 106 Fair Empl. Prac. Cas. (BNA) 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chi-sang-poon-v-massachusetts-institute-of-technology-massappct-2009.