Coulton v. University of Pennsylvania

237 F. App'x 741
CourtCourt of Appeals for the Third Circuit
DecidedJuly 2, 2007
Docket06-2417
StatusUnpublished
Cited by17 cases

This text of 237 F. App'x 741 (Coulton v. University of Pennsylvania) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coulton v. University of Pennsylvania, 237 F. App'x 741 (3d Cir. 2007).

Opinion

OPINION OF THE COURT

CHAGARES, Circuit Judge.

In this lawsuit alleging “reverse” racial discrimination, plaintiff/appellant Michael Coulton (“Coulton”) appeals the District Court’s grant of summary judgment to defendanVappellee University of Pennsylvania (“the University”). Because we conclude that Coulton has failed to present evidence from which a reasonable jury could find that Coulton suffered unlawful discrimination, we will affirm.

I. 2

Coulton is a Caucasian male and former University employee. Coulton received *743 his certification as a laboratory animal technician from the American Association for Laboratory Animal Science (“AALAS”) in 1981. As a part of this certification process, Coulton received training governing the proper standards of care of animals used in laboratory research. In particular, Coulton received training on the proper methods of euthanizing laboratory animals. Since 2000, the only two AALAS-approved methods of euthanasia are carbon dioxide poisoning and lethal injection. Before his employment with the University, Coulton worked at six different research facilities, all of which strictly prohibited improper treatment of research animals. The University, like all institutions that conduct animal research, view improper treatment as cause for immediate termination. See 39A (Coulton’s testimony noting the “universal rule” against inhumane treatment of research animals, and that such behavior “will not be tolerated”).

A.

In February 1998, Coulton applied for a position as an animal caretaker with the University’s Institute of Human Gene Therapy (“the Institute”). Coulton was interviewed and hired by Derrick Dow, an African-American, and began working in April 1998. As part of his orientation materials at the Institute, Coulton received a copy of the University’s policies and procedures, and understood that University policy strictly prohibited the inhumane treatment of animals. Moreover, Coulton understood that under University policy, the only acceptable methods of euthanizing animals were carbon dioxide poisoning or lethal injection.

Following his hire, Coulton worked in various positions within the Institute. In September 2003, Coulton was working as a Research Specialist C when the University placed him on probation and advised him that he was at risk for termination unless his job performance improved. Among the reasons the University placed Coulton on probation were Coulton’s failure to show “good judgment in animal husbandry,” including “planning to sacrifice valuable mice rather than re-breeding them and exercising poor judgment in choosing when to wean mice.” 141A. The report concluded that overall, Coulton had “not demonstrated the level of skills and independence that we expect in a Research Specialist C.” Id.

During Coulton’s probationary period, he began looking for another position within the University. In September 2003, the University Laboratory Animal Resources Department (“ULAR”) hired Coulton as a laboratory animal technologist. The decision to hire Coulton was made by Tom Henry, an African-American and the then-manager of ULAR. According to Coulton, prior to the beginning of Coulton’s tenure at ULAR, Henry warned him to expect some of his colleagues to call him racially derogatory names because approximately 90% of the ULAR staff was African-American. Nonetheless, Coulton admits that Henry’s prediction never came to pass: Coulton admits that no member of the ULAR staff ever directed a racial comment at him, nor can Coulton recall any University employee ever making any racial comment in his presence.

Coulton’s immediate supervisor at ULAR was Celestine Campbell, an African-American. Coulton admits that he “never” had any conflicts with Campbell, let alone conflicts that implicated race. 71A-72A. Coulton also admits that Campbell never made any racial comments in his presence.

As the lead laboratory technologist at ULAR, Coulton occasionally served as acting supervisor. When he first assumed supervisory responsibilities, Coulton claims that many of the staff members would not follow his instructions, and complained *744 that he was “bossy.” While Coulton claims that two of his African-American co-workers informed him that his supervisory problems were attributable to race, Coulton admits that he never raised these concerns to any of his supervisors. Coulton further admits that after he discussed the insubordination problem with Campbell, she intervened on his behalf and informed the staff that they were required to follow instructions Coulton gave them in his capacity as acting supervisor.

In sum, it is undisputed that at no time during his employment with ULAR did Coulton ever report that he was having problems due to race. Furthermore, it is undisputed that at no time during Coulton’s employment did he believe that any of his superiors were discriminating against him.

B.

On September 7, 2004, Campbell was returning from lunch with several ULAR employees. The group was discussing a broken garbage disposal in the ULAR lab, and Campbell jokingly blamed one of the employees, Donta Williams, for causing the problem. Williams replied that he was not responsible for breaking the disposal, but stated that Coulton probably broke the disposal by dropping mice into it. Campbell asked Williams if he was serious; Williams replied that he was.

Following this exchange, Campbell decided that further investigation was warranted, and she called Williams into her office for further questioning. At that time, Williams reiterated that he had seen Coulton drop live mice into the garbage disposal on “numerous” occasions. 168A. After this meeting, Campbell informed Dow of the incidents Williams had reported, and Dow instructed Campbell to have Williams fill out an incident report and make a written statement, which Williams did. Thereafter, Campbell gave the completed incident report, including Williams’ statement, to Dow.

After learning of the allegations against Coulton, Dow contacted the University’s Human Resources Department, and spoke with Susan Curran, a Caucasian and the University’s Resources Director for Provost Administrative Affairs. As part of her job duties, Curran was responsible for personnel issues within ULAR. Dow and Curran agreed to conduct a joint investigation of the allegations against Coulton. Dow and Curran met with Williams during the course of their investigation. During their meeting, Williams explained that he had seen Coulton drop live mice into a garbage disposal unit on three different occasions. According to Williams, on one such occasion, Coulton dangled a live mouse, called out “Hey Donta,” and then proceeded to drop the live mouse into the garbage disposal. When asked when he had last seen Coulton drop a live mouse into the garbage disposal, Williams stated that the last time that he had seen Coulton do so was approximately two weeks before he had reported the incident to Campbell. Williams further stated that the other two incidents had occurred a few months earlier, but that he could not remember the exact dates.

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Bluebook (online)
237 F. App'x 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coulton-v-university-of-pennsylvania-ca3-2007.