Dragulescu v. Virginia Union University

223 F. Supp. 3d 499, 2016 U.S. Dist. LEXIS 170963, 2016 WL 7209566
CourtDistrict Court, E.D. Virginia
DecidedDecember 8, 2016
DocketCivil Action No. 3:16cv573
StatusPublished
Cited by13 cases

This text of 223 F. Supp. 3d 499 (Dragulescu v. Virginia Union University) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dragulescu v. Virginia Union University, 223 F. Supp. 3d 499, 2016 U.S. Dist. LEXIS 170963, 2016 WL 7209566 (E.D. Va. 2016).

Opinion

MEMORANDUM OPINION

Robert E. Payne, Senior United States District Judge

This matter is before the Court on the MOTION TO DISMISS COUNT III OF THE FIRST AMENDED COMPLAINT (“Def. Mot.”), (ECF No. 14), filed by Defendants Virginia Union University, Evelyn Davis, Ph.D., and Michael E. Orok, Ph.D. (“Defendants”). For the reasons set forth below, the Defendants’ motion will be granted.

BACKGROUND

A. Relevant Facts

In 2012, Plaintiff Luminita Dragulescu, Ph.D., (“Dragulescu”) was hired to be an Assistant Professor of English in the Department of Languages and Literature of Defendant Virginia Union University’s (“VUU”) School of Humanities and Social Sciences. (Am. Compl. ¶¶ 12, 17). She served in that position from 2012 to 2015, accepting renewed one-year offers of employment each year during that time. Id. Defendant Eva Davis, Ph.D. (“Davis”), served as Cham of the Languages and Literature Department until 2013. (Am. Compl. ¶ 20). Defendant Michael E. Orok, Ph.D. (“Orok”), became Dean of the University’s School of Humanities and Social Sciences in the summer of 2014. (Am. Compl. ¶ 19). During her employment at VUU, Dragulescu alleges that Davis and Orok, acting as agents of VUU, made “false and defamatory statements” in, and in relation to, a “disciplinary letter” authored by Davis in 2013 and through written and verbal comments allegedly made in relation to a “Student Paper Comments Incident” in May of 2015. (Am. Compl. ¶¶ 101-102). She further alleges that these defamatory statements were “published [again] in October 2015 in such a manner as to create an entirely new publication of those statements.” (Am. Comp. ¶ 103).

The first alleged defamation, according to the Amended Complaint, occurred in the fall of 2013. (Am. Comp. ¶ 24). According to Dragulescu, it was then that she received a “harsh-and totally unfounded-disciplinary letter from her then-Chair, Dr. Davis.” Id. The letter reads:

Dear Dr. Dragulescu,
In your first year in the department of Languages and literature, I attempted to work with you and tried to see your issues with the students and you’re [sic] not getting involved with the department as a learning curve. I tried to encourage you in your frustrations and felt that you would have become comfortable with the University, the depart[503]*503ment, and the students your second year. I was clearly mistaken, so this letter is to serve as a second warning regarding your behavior/conduct as it pertains to your actions in the department since the beginning of the summer/academic year 2013-2014. For the record, your first letter dated May 22, 2013, was issued as a result of the deceptive scores you assigned the second reading of the diagnostics you were assigned to read.
The specific issues in this letter are: failure to participate in the Constitution Day program held September 17, -2013; your attempt to undermine the department by speaking disparagingly to new faculty about the department and other faculty in the department, your “tantrum” . in the hall when you found that your LC class could not be taught again until fall 2014, your failure to take the Aplia training and lastly, your.inappropriate language used Friday regarding the Aplia training; you were overheard calling it “f—ing bulls-t.” Clearly, this is beyond acceptable. You were sent the link after you did not participate in the Webinar and as of yesterday, you still had not been on the website. Additionally, you sent our Cengage Representative an email and asked her about contacting someone about the “offensive misuse of your name twice.” You could have informed the Representative of the correct spelling of your name without the provoking comments. The department has work [sic] to establish credulity [possibly sic] with this publisher, and if something like this happens again, please let me or the Admin Asst, know and we will get it corrected.
While I realize that you had a doctor’s appointment on September 17, 2013, you were in control of when you the appointment, and even though you were not there, you should have asked for participation from your students. I understand that you also disparaged the program as being an embarrassment and that you would not participate. You teach American Literature and the request I made was not unreasonable. Need I remind you that this is a HBCU and we are proud of our heritage; instructors, [sic] who elect to teach here must understand mission and our heritage in order to convey information in a credible way. You have sent students to see me about inappropriate outburst [sic] in your class; what message did you send by ranting because you could not have your way? Faculty and students were present when you had the outburst. Lastly, we attempt to teach students to aspire to more sophisticated vocabulary in an attempt to verbalize their frustrations, and your use of profanity is unacceptable on any level.
I have been, on the other end of your vitriolic emails, the one you wrote regarding the book selection and the one about Aplia and I will not revisit this issue again, [sic]
When I assign faculty to take training or participate in programs that enhance student learning, I expect the request to be followed; you were hired to help build the department and not to surreptitiously undermine its morale. I can only hope that you exercise better judgment in the future and that you will make a genuine attempt to become a better colleague by working with and not against the department.
Sincerely,
Eve Davis, Ph.D., Chair
The Department of Languages and Literature

(Def. Mot., Attach^ A 1-2). The letter was also sent to Dean Linda Schlichting (who preceded Orok as Dean), and placed in [504]*504Dragulescu’s internal personnel file. (Am. Compl. ¶ 24). Dragulescu alleges that the letter contained “no factual basis whatsoever,” and was instead issued “purely as a way of showing the ‘white’ professor [Dra-gulescu] who was in charge in the Department (i.e., the ‘black’ Chair).” (Am. Compl. ¶ 27).

According to the Complaint, Sehlichting ordered that this letter be rescinded, and she sent a memorandum to Davis explaining that such letters should not be sent to an employee’s personnel file. (Am. Compl. ¶¶ 28-30).1 Dragulescu alleges that Sehlichting advised Davis that the letter was “unwarranted and outside protocol,” and that Sehlichting told Davis that her “actions were much more harsh than others [sic] actions in the past, and where issues with faculty were much more serious.” Id. Dragulescu further claims that Davis responded to this memorandum by issuing an “ultimatum” to the Vice-President of Academic Affairs (“VPAA”) at the time, Julius Scipio, Ph.D., to either fire Dragulescu and another employee or she would resign. (Am. Compl. ¶ 33). Following the alleged ultimatum, Davis resigned in 2013. Id.

The next alleged instance of defamation occurred in May 2015, and involved a written memorandum sent by Orok to Dragulescu regarding a “Student Paper Comments Incident.” On May 4, 2015, Dragulescu met with Orok and Shannan Wilson, the interim Chair at the time, to discuss a complaint made by a parent of one of Dragulescu’s students about comments made by Dragulescu on her son’s paper.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
223 F. Supp. 3d 499, 2016 U.S. Dist. LEXIS 170963, 2016 WL 7209566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dragulescu-v-virginia-union-university-vaed-2016.