Eginton v. Florida State University

111 F. Supp. 3d 1263, 2015 U.S. Dist. LEXIS 67819, 127 Fair Empl. Prac. Cas. (BNA) 386, 2015 WL 3404611
CourtDistrict Court, M.D. Florida
DecidedMay 26, 2015
DocketCase No. 8:13-cv-1893-T-33AEP
StatusPublished

This text of 111 F. Supp. 3d 1263 (Eginton v. Florida State University) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eginton v. Florida State University, 111 F. Supp. 3d 1263, 2015 U.S. Dist. LEXIS 67819, 127 Fair Empl. Prac. Cas. (BNA) 386, 2015 WL 3404611 (M.D. Fla. 2015).

Opinion

ORDER

VIRGINIA M. HERNANDEZ COVINGTON, District Judge.

This cause comes before the Court pursuant to Defendant Florida State University’s (FSU) Motion for Summary Judgment (Doc. # 40), which was filed on February 9, 2015. Plaintiff Margaret Lu Eginton filed her response in opposition to the Motion on March 11, 2015. (Doc. #53). Thereafter, FSU filed its reply on March 30, 2015. (Doc. # 58). In addition, at the ■direction of the Court, the parties filed supplemental briefs on the issue of retaliation on May 20, 2015. (Doc. ## 64-67). For the reasons that follow, the Court grants FSU’s Motion.

I. Background

The FSU/Asolo Conservatory for Actor Training in Sarasota, Florida, is a three year graduate program, culminating in a Master of Fine Arts degree conferred by FSU. (Doc. #40 at 3; Doc. #44 at 2; Doc. # 45 at 105). The Conservatory has a small staff of non-tenure track faculty, which includes a program director, two acting teachers, one voice teacher; and one movement teacher. (Doc. # 44 at 32 — 34; Doc. #45 at 31). Twelve students are selected each year to attend the Conservatory. (Doc. #44 at 55; Doc. #49 at 2).

Eginton is an experienced “teacher, director, and performer with extensive international experience in both theater and dance.” (Doc. # 1 at ¶¶ 12-13). On April 2, 2002, Eginton negotiated the terms of her employment contract with “Florida State University Dean Nancy Smith Fichter and then-Director of the [Conservatory] Gil Lazier.” (Doc. # 53-4 at ¶ 3). The terms of her contract included “directing a play each year, traveling to London with students each year, performing tutorials, and having full control of [her] curriculum.” {Id. at ¶ 4).

However, Eginton’s offer letter — dated April 2, 2002 — does not reflect those responsibilities. (Doc. # 41-4). Indeed, Eginton characterized her opportunity to direct as a “handshake agreement with Gil Lazier.” (Doc. # 41-3 at 32). Rather, the letter indicates that FSU hired Eginton to serve as an “Assistant in Actor Training, with a courtesy appointment as an Associate Professor in the School of Theatre.” {Id.). The offer letter explained that Eginton’s “duties at [FSU] will include responsibility for teaching movement classes at the [Conservatory] in Sarasota, Florida, and such other research or creative activity and service as may be assigned.” {Id.). On August 8, 2002, Eginton began her employment with FSU. (Doc. # 1 at ¶ 14).

Gregory Learning — the focus of Eginton’s Complaint — -joined the Conservatory as Director in 2004. (Doc. #44 at 9). Soon thereafter, in 2005, Learning gave Eginton the opportunity to direct a play during the upcoming theatrical season; however, three weeks before rehearsals were to begin, Eginton withdrew from the production. (Doc. #41 at 36-38; Doc. [1267]*1267#44 at 86-87). Following the 2006 season, Learning developed a “practice for assigning directorial slots for the Conservatory’s four-play season.” (Doc. # 40 at 5; Doc. # 44 at 92; Doc. # 50). Specifically, Learning kept one slot for himself, assigned two slots to the two acting teachers, and assigned the fourth slot to “different ‘up-and-coming’ guest directors ... to help develop[ ] a professional network between the Conservatory students and the outside theatrical world.” (Doc. # 40 at 5; Doc. # 44-1 at 128; Doc. # 50).

Aside from Learning joining' the faculty, the Conservatory’s composition further evolved. FSU submits that this change of hands led to confusion regarding Eginton’s actual position title (due to her “courtesy title”) and, in turn, her eligibility for a promotion. (Doc. # 40 at 11; Doc. # 43-1 at 27-28). The delay in her promotion is one of many issues Eginton enumerates regarding her time at the Conservatory. Eginton also claims she was “subjected to unwarranted denial of opportunities for creative and scholarly opportunities” (Doc. # 1 at ¶ 19), “subjected to curriculum micro-managing” (Id. at ¶ 20), and “subjected to unwarranted criticism and disparagement of her work and her character.” (Id. at ¶ 21). “Due to the discriminatory treatment she was subjected to, Eginton’s health began to diminish.” (Doc. # 53 at 14).

In particular, Eginton alleges that Learning “often implied that Eginton was loose or promiscuous and emotionally unstable.” (Doc. # 53 at 6). “As an example, during a faculty meeting filled with [Eginton’s] peers, Learning scoffed that Eginton should ‘hook up’ with a prospective male teaching candidate.” (Id.; Doc. # 41 at 76). Learning similarly told Eginton that she looked “sexy” while she was dressed in a unitard. (Doc. #41 at 75). On April 24, 2005, Learning threw all of Eginton’s personal belongings on her office floor and “refused to give [Eginton] a desk.” (Doc. # 53-4 at ¶ 6). Eginton was frequently told not to speak at meetings (Doc. #41 at 68-69), and provides that Learning did not exhibit the same “hostility” toward men:

I never heard [Learning] shout or scream at a male faculty member in public or in faculty meetings. He never made unwelcome comments regarding a male faculty member’s private life or body shape. He did not stop a male faculty member’s end of year exam, or non-verbally behave in a rude and dismissive manner in front of students and donors.

(Doc. #53-4 at ¶ 42).

In addition to his comments about Eginton, Learning also called a female donor a “fat cow” (Doc. # 46 at 49; Doc. # 54-7); instructed a number of female students to lose weight (Doc. # 46 at 29; Doc. # 41 at 111; Doc. # 53-1 at 1); and admitted more men. into the Conservatory than women. (Doc. #44 at 56). Leigh Anne West, a former Conservatory student, reported hearing Learning refer to Eginton as a “crazy bitch” in front of students and “verbally belittle [Eginton’s] professional abilities in front of students.” (Doc. # 53-2 at 2).

Debi Schlach, Learning’s former assistant, described Learning as “demeaning, demoralizing, rude, and nasty.” (Doc. # 46 at 18). Schlach stated that Learning raised his voice “almost daily” when addressing her. (Id. at 36). Karen Patriarca, the former Student Services Director, also testified that Learning was dismissive and had once slammed the door in her face. (Doc. #53-3 at 2-3). Schlach reports that Learning called Patriarca a “dyke” and explained to others that Patriarca is “completely unfeminine.” (Doc. # 46 at 34-35).

[1268]*1268Sally McRorie, Dean of FSU’s College of Visual Arts Theater and Dance at the relevant timq period, admitted that Learning could be “emotionally volatile and brusque in his actions with others” and described Learning as “dismissive to faculty and staff of both genders.” (Doc. # 45 at 36-37). Charles Cameron Jackson, Executive Director of the School of Theater, also indicated that Learning was “abrupt, explosive, and degrading to the employees.” (Doc. # 54-5 at 2). Jackson submitted that “[t]here have been regular reports of shouting, expletives, and a couple stories of the throwing of objects when angered.” (Id.).

Other members of the Conservatory have described Learning as having a “direct communication style” and “artistic temperament.” (Doc. #47 at 2). Learning himself agrees that he can be loud when dealing with employees, and that his manner of dealing with people can be “mistaken as being aggressive” and “dismissive of them and their views.” (Doc. #44 at 30-32). Learning stated that people “are scared when they stand next to [him],” noting his height — he is 6'6. (Id. at 105).

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111 F. Supp. 3d 1263, 2015 U.S. Dist. LEXIS 67819, 127 Fair Empl. Prac. Cas. (BNA) 386, 2015 WL 3404611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eginton-v-florida-state-university-flmd-2015.