Garner v. Steger

69 F. Supp. 3d 581, 2014 U.S. Dist. LEXIS 144099, 2014 WL 5089119
CourtDistrict Court, W.D. Virginia
DecidedOctober 9, 2014
DocketCase No. 7:14-cv-00081-GEC
StatusPublished
Cited by2 cases

This text of 69 F. Supp. 3d 581 (Garner v. Steger) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garner v. Steger, 69 F. Supp. 3d 581, 2014 U.S. Dist. LEXIS 144099, 2014 WL 5089119 (W.D. Va. 2014).

Opinion

MEMORANDUM OPINION

GLEN E. CONRAD, Chief Judge.

Pending before the court is defendants’ motion to dismiss the first amended complaint, Dkt. No. 3, which seeks dismissal of plaintiffs amended complaint in its entirety. Plaintiff has filed a response in opposition, Dkt. No. 12, and defendants have filed a reply, Dkt. No. 13. The court heard oral argument on the motion and it is now ripe for disposition. For the reasons set forth below, the motion to dismiss is granted in part and denied in part.

I. Background

A. General Factual Background and Parties

Accepting the well-pled facts in the first amended complaint as true, as this court must when ruling on a motion to dismiss, see Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir.2008), the facts of case are as follows:

Plaintiff Harold Garner (“Garner”) is currently employed as a professor at Virginia Polytechnic Institute and State University (‘Virginia Tech” or the “University”). Garner was hired in October 2009 to be the Executive Director of the Virginia Bioinformatics Institute (“VBI”). In March 2012, Garner’s position was changed to that of Director of the Medical Informatics and Systems Division at VBI.1 Garner brought this action against Charles Steger (“Steger”), former President of Virginia Tech; Mark McNamee (“McNa-mee”), Provost of Virginia Tech; Robert Walters (“Walters”), Vice President for Research at Virginia Tech; and Dennis Dean (“Dean”), current Director of VBI, in their official and individual, capacities. The court recently allowed plaintiff to substitute Timothy D. Sands, the current President of Virginia Tech, in place of Steger as to claims asserted against Steger in his official capacity. Dkt. No. 17. Garner’s complaint contains three claims brought pursuant to 42 U.S.C. § 1983. All three allege that his change in position constituted a denial of due process in violation of the United States Constitution. Dkt. No. 2, ¶¶ 1-9.

B. Original Hiring and Subsequent Audit

Garner was hired as the Executive Director of VBI in October 2009. In a document titled the “Terms of Faculty Offer” and signed by Garner and by Steger on behalf of Virginia Tech, the only monetary compensation referenced was Garner’s salary — a base salary of $250,000 plus a $60,000 annual administrative supplement. See Dkt. No. 3-1 at 1-3. In a letter sent to Garner enclosing that document, Steger also referred to “other matters related to his appointment as Executive Director of the [VBI].” Dkt. No. 3-1 at 4-6. That letter stated additional terms that were not in the signed “Terms of Faculty Offer” document. Specifically, the letter provid[585]*585ed that Garner would be provided with a start-up package that would include a onetime equipment expenditure of $300,000 to $500,000, as well as $1,000,000 in annual salaries to hire laboratory staff and key researchers. Id. at 5.2 As described by the complaint, $500,000 of that was for laboratory funding and was “in lieu of an endowed chair” and the other $500,000 of that annual expenditure was designed “to launch and grow a new medical informatics division for VBI.” Dkt. No. 2, ¶ 13.3 Garner served as the Executive Director of VBI without incident until August 2011.

In August 2011, Walters informed Garner that he and VBI would be audited. Dkt. No. 2, ¶23. Garner cooperated with University officials during the audit, and the auditors interviewed Garner on December 15, 2011. Id. ¶ 26. On February 29, 2012, the auditors sent Garner a draft of their report and assured Garner that he would have an opportunity to review the report for factual accuracy and respond to its draft findings. Id. ¶27. Garner reviewed the report and sent a response to the auditors on March 5, 2012, copying Walters, McNamee, and University General Counsel Kay Heidbreder. Id. ¶28. That same day, Garner met with Walters, McNamee, and two auditors in order to review the draft report and .Garner’s response. Id. ¶ 29. Although the draft report contained information about errors related to VBI accounting, no one present at the meeting indicated that Garner would be removed as the director of VBI or otherwise be disciplined. Id. ¶¶ 30-31. The auditors then distributed their final report on March 8, 2012. Id. ¶ 33.

C. Garner’s Change in Position

On March 8, 2012, Walters met with Garner in Walters’ office and gave Garner a letter informing him that his position was being changed to that of Director of the Medical Informatics and Systems (“MIS”) division of VBI. Id. ¶ 34. The letter stated that Garner’s salary would not be reduced as a result of this position change.4 Dkt. No. 3-3. It further explained that he was being transferred to “allow [him] to focus more fully on the [MIS] Division, a program that has significant potential for growth through its contributions to research at the interface of medicine, molecular biology and informatics.” Id. Additionally, Walters informed Garner that he,- McNamee, and Steger had unanimously decided to remove Garner from his position as Director of VBI. Dkt. No. 2, ¶ 34.

D. Faculty Handbook

As Executive Director of VBI, plaintiff was an “administrative official” and covered by Section 7 of the Virginia Tech Faculty Handbook (“the Handbook”). Section 7.6 of the Handbook provides that officials may be removed for four reasons: non-reappointment, reassignment, abolition of position, or removal for just cause. Pursuant to the terms of the March 8, 2012 letter informing him of the change in position, Virginia Tech considered Garner’s change in position a “reassignment” [586]*586and thus contends that the decision was governed by Section 7.6.3, which states:

The university may reassign administrative and professional faculty members at any time. Reassignment may involve change in administrative title or supervisory responsibilities, reassignment to another position or department, transfer to a staff position, and/or reduction in salary commensurate with reduced responsibilities. Neither notice of non-reappointment nor removal for cause is required to effect a reassignment. The university’s responsibility under reassignment is to make available a substitute position or duties reasonably commensurate with the person’s education, experience, and performance.

Dkt. No. 3-2 at 8.

Garner disputes the University’s characterization and instead alleges that the change in position was a “severe sanction,” per Section 7.6.5:

A severe sanction generally involves a significant loss or penalty to a faculty member such as, but not limited to, a reduction in title, responsibilities, and salary; or suspension without pay for a period not to exceed one year imposed for unacceptable conduct and/or a serious breach of university policy.

Id. at 9 (emphasis added). With regard to severe sanctions, “the same procedures as dismissal for cause are tó be followed.” Id.

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69 F. Supp. 3d 581, 2014 U.S. Dist. LEXIS 144099, 2014 WL 5089119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garner-v-steger-vawd-2014.