Farlow v. University of North Carolina ex rel. Its Board of Governors

624 F. Supp. 434, 1985 U.S. Dist. LEXIS 12374, 39 Fair Empl. Prac. Cas. (BNA) 1418
CourtDistrict Court, M.D. North Carolina
DecidedDecember 24, 1985
DocketNo. C-84-18-D
StatusPublished
Cited by1 cases

This text of 624 F. Supp. 434 (Farlow v. University of North Carolina ex rel. Its Board of Governors) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farlow v. University of North Carolina ex rel. Its Board of Governors, 624 F. Supp. 434, 1985 U.S. Dist. LEXIS 12374, 39 Fair Empl. Prac. Cas. (BNA) 1418 (M.D.N.C. 1985).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ERWIN, District Judge.

The court conducted a trial of this action without a jury at the September 26 through October 1, 1985 Civil Session at Greensboro. Plaintiff, a tenured associate professor in the Music Department of Western Carolina University, brought this action pursuant to Title VII, 42 U.S.C. § 2000e et seq., alleging that she was sexually discriminated against in her 1980 application for promotion to full professor. Additionally, plaintiff alleges that she was retaliated against in defendants’ failure to promote her to full professor after plaintiff’s 1981 application. Defendants contend that plaintiff did not meet the minimum qualifications for promotion and deny any sexual animus or retaliation on their part.

Having fully considered the oral and documentary evidence presented by the parties and after hearing argument of counsel for the parties, the court enters its findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure.

Findings of Fact

1. Plaintiff, a white female, is employed as an associate professor of music in the Department of Music at Western Carolina University (WCU).

2. Defendant Western Carolina University is one of the sixteen constituent institutions of the University of North Carolina. During the time pertinent to this action, defendant William Friday was President of the University of North Carolina, and defendant Harold Robinson was Chancellor of Western Carolina University. The individual defendants are sued in their official capacities only.

3. Plaintiff began her employment at WCU in 1968 as an assistant professor of music. In 1969, she received her Ph.D. degree in Music History from the University of North Carolina at Chapel Hill. In 1971, plaintiff was granted tenure at WCU. In 1972, plaintiff was promoted to associate professor.

4. At the time of plaintiff’s promotion to associate professor, her primary teach[436]*436ing duties were to teach music history. Additionally, plaintiff taught music appreciation and occasionally piano.

5. Upon request of their department head, plaintiff and Mr. Richard Trevarthen, an associate professor of music theory, investigated the possibility of instituting a new curriculum in the Music Department.

6. This new curriculum, the Comprehensive Musicianship (CM), required the integration of traditional music history courses and traditional theory courses with other components of the curriculum, such as voice training.

7. Plaintiff and Mr. Trevarthen researched and developed a curriculum for use at WCU. In the Spring 1973, the Music Department faculty voted to establish a Comprehensive Musicianship Curriculum and assigned to plaintiff and Mr. Trevarthen the responsibility of implementing the curriculum change. This responsibility was in addition to plaintiff and Mr. Trevarthen’s teaching duties and required a substantial expenditure of time. The Comprehensive Musicianship Curriculum was implemented in 1974.

8. Plaintiff and Mr. Trevarthen developed a loose-leaf text for the CM curriculum. The text was revised and rearranged after 1977 to meet the requirements of Dr. Thomas Tyra, the head of the Music Department, as well as to reflect curriculum changes. Plaintiff provided the history portions of text. She also edited and synthesized materials prepared by Mr. Trevarthen, typed the manuscripts, and coordinated the printing of the texts at WCU. Mr. Trevarthen wrote the music theory portions and the accompanying musical illustrations. Although WCU students used the text as part of their course work, the text was never published.

9. In the Spring 1973, plaintiff presented a paper to the American Musicological Society on the “Aspect of Gospel Music.”

10. In the Spring 1978, plaintiff received a grant from the National Endowment for the Humanities for an eight-week summer seminar at Ohio State University. Plaintiff presented a paper at the seminar.

11. Plaintiff co-authored a paper in the Spring 1980 with Mr. Trevarthen entitled “Comprehensive Musicianship: A Practical Reality?” and presented the paper to the South Central Chapter of the American Musicological Society. Plaintiff also presented several papers to the Popular Culture Association.

12. Neither plaintiffs research on the harpsichord while touring Europe in the Summer 1980 nor her research on “white Gospel music” resulted in publication.

13. In September 1980, plaintiff submitted an application for promotion to full professor. This is the highest faculty rank awarded at WCU.

14. All faculty promotions at WCU are governed by the standards and procedures set out in The Code of the Board of Governors of the University of North Carolina (The Code), The Tenure Policies and Regulations of Western Carolina University (WCU Tenure Policies), the Faculty Handbook of Western Carolina University (Faculty Handbook), and, in the case of faculty in the Department of Music, the Department of Music Procedures and Criteria for Appointment, Reappointment, Non-Reappointment, Tenure and Promotion Recommendations (Department of Music Procedures).

15. As well as providing the substantive guidelines for promotion, these governing documents also specify the administrative procedure by which a faculty member’s application for promotion will be reviewed. Each candidate’s application is independently reviewed to determine whether he or she has developed a record of professional achievement which would merit the recognition which comes with promotion.

16. Plaintiff’s 1980 application was considered by the Department of Music Personnel Committee on October 28,1980. After discussing plaintiff’s application, the committee voted five to one to recommend her promotion to professor. Dr. Tyra, head of the Department of Music, also rec[437]*437ommended that plaintiff be promoted to professor, although with reservations regarding plaintiffs lack of scholarly publications.

17. Plaintiff’s application next went to the School of Arts and Sciences Advisory Committee on Tenure and Promotion (School Committee), a committee of twelve faculty members from the School of Arts and Sciences. Six members are elected and six are appointed by Dr. John MeCrone, Dean of the School of Arts and Sciences. The Dean serves as the non-voting chairman of the committee. Dr. Tyra served on the School Committee for the 1980-81 academic year along with nine other males.

18. After a short presentation of plaintiff’s application by Dr. Tyra and a brief discussion by the committee members, the School Committee voted three to eight against recommending plaintiff for promotion. In accordance with established procedures, Dean MeCrone and Dr. Tyra abstained from voting.

19. Plaintiff’s failure to publish any scholarly work in an academic journal was the basis for the School Committee’s recommendation against promotion to full professor.

20. Dean MeCrone concurred with the School Committee’s recommendation and recommended that plaintiff not be promoted to full professor.

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Related

Farlow v. UNIVERS. OF NC THROUGH ITS BD. OF GOV.
624 F. Supp. 434 (M.D. North Carolina, 1985)

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624 F. Supp. 434, 1985 U.S. Dist. LEXIS 12374, 39 Fair Empl. Prac. Cas. (BNA) 1418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farlow-v-university-of-north-carolina-ex-rel-its-board-of-governors-ncmd-1985.