Golovan v. University of Delaware

73 F. Supp. 3d 442, 2014 WL 5786602
CourtDistrict Court, D. Delaware
DecidedNovember 6, 2014
DocketCivil Action No. 13-862-RGA
StatusPublished
Cited by1 cases

This text of 73 F. Supp. 3d 442 (Golovan v. University of Delaware) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Golovan v. University of Delaware, 73 F. Supp. 3d 442, 2014 WL 5786602 (D. Del. 2014).

Opinion

MEMORANDUM OPINION

ANDREWS, U.S. DISTRICT JUDGE:

On May 17, 2013, Serguei Golovan filed suit against Defendants University of Delaware (the “University”), Jack Gelb, Jr., Mark Rieger, and Robin Morgan, alleging violation of Plaintiffs procedural due process rights under the Fourteenth Amendment and breach of contract. (D.I. 3). On May 15, 2014, Plaintiff filed a motion to amend his complaint to include two additional claims — -First Amendment retaliation and violation of Delaware’s Whistle-blowers’ Protection Act. (D.I. 30). The Court will grant Plaintiffs motion to amend his complaint.

Presently before the Court is Defendants’ ■ motion for summary judgment. (D.I. 35). Defendants’ motion addresses Plaintiffs two original claims and two new claims. The motion has been fully briefed. (D.I. 36, 41 & 48). For the reasons set forth herein, Defendants’ motion for summary judgment is granted with regard to each of Plaintiff s four claims.

I. Background

Because the Court is reviewing Defendants’ motion for summary judgment, the Court must view the facts in the light most favorable to Plaintiff. On July 11, 2008, Plaintiff received a retention letter (the “Retention Letter”) from Dr. Morgan, Dean of the College of Agriculture and Natural Resources, offering Plaintiff appointment as a tenure-track assistant professor at the University beginning September 1, 2008. (D.I. 42, Ex. 2). The Retention Letter states in relevant part:

This faculty appointment is full-time and for an initial period of two years. The probationary period for assistant professors shall normally be no longer than six years from the date of first appointment as assistant professor at the University of Delaware. In your case, you would normally be eligible to be considered for tenure not later than the 2013-2014 academic year (your sixth year of academic service) with tenure effective, if the decision is favorable, starting with the fall semester of the 2014-2015 academic year. Separate and apart from your annual performance appraisal, you will be evaluated through peer review regarding your progress toward tenure, according to the procedures set forth in the University’s Handbook, for Faculty and the Promotion and Tenure Policies and Procedures of the department and college.

(Id. at 23). With regard to promotion and tenure, the University’s Faculty Handbook states:

[448]*448Tenure-track assistant professors are appointed to full-time faculty positions for an initial term of two years without tenure. Reappointment at this rank are [sic] for a two-year term. The probationary period for assistant professors is six years, divided into three successive two-year contracts. The start of the probationary period coincides with the effective date of initial appointment as assistant professor. This date governs the timetables for peer review for contract renewal and for review for promotion and tenure. Assistant professors are expected to be considered for promotion and tenure not later than the sixth year of full-time academic service, with tenure effective — if the decision is favorable — starting with the fall semester of the seventh academic year. If the decision on promotion and tenure is negative, the seventh year of academic service will be a terminal year. Separate and apart from annual performance appraisal by the departmental chair, assistant professors will be evaluated through peer review regarding progress toward tenure - according to the procedures and timetable set forth in the Faculty Handbook. Lack of progress toward promotion and tenure may result in contract non-renewal.

(D.I. 42, Ex. 3 at 26).

On February 8, 2010, in accordance with the policies set forth in the Faculty Handbook, Plaintiff was subject to a two-year peer review for contract renewal by the Promotion and Tenure Committee (the “Committee”) for the Department of Animal and Food Sciences (the “Department”). (D.I. 42, Ex. 4). In a letter from the Committee to Plaintiff and the Department Chair, Dr. Gelb, the Committee recommended that Plaintiffs contract be renewed, but expressed concerns about Plaintiffs research and scholarship. (Id.). With regard to Plaintiffs scholarship, the Committee gave him four votes for “Satisfactory” and one vote for “Good.” (Id. at 29). The Committee found that Plaintiff lacked a “clear research focus,” and strongly recommended that he “develop a focused research program that is centered on research efforts developed at the University of Delaware.” (Id. at 29-30). On March 2, 2010, Plaintiff received a memorandum from Dr. Gelb, reflecting similar concerns. (D.I. 42, Ex. 5). Dr. Gelb stated that it was “vital and in [Plaintiffs] best interest for [Plaintiff] to initiate research at the University of Delaware,” and that “[Plaintiff] must allocate more time to [Plaintiffs] current responsibilities and less time to previous commitments to be successful at Delaware.” (Id. at 33).

In September 2010, Plaintiff discovered that a colleague, Dr. Cogburn, who served on the Committee, was in a relationship with a female graduate student. (D.I. 46, Ex. 75 at 129:17-19). In May'2011, Plaintiff became more concerned about Dr. Cogburn’s conduct with his female students, and believed Dr. Cogburn may have been violating the University’s antidiscrim-ination/harassment policy. (Id. at 130:13-17). Based on this belief, Plaintiff approached Dr. Morgan, Dean of the College, and Dr. Keeler, Chair of the Committee, in the hallway of the Department, and mentioned that Dr. Cogburn may have been engaged in inappropriate sexual conduct with his female students. (Id. at 127:12-128:13). In response, Dr. Morgan and Dr. Keeler told Plaintiff that they would look into his claim, and that he should not discuss the matter with anyone else. (Id. at 128:15-19). The next day, Dr. Gelb came into Plaintiffs office to inquire about Plaintiffs allegations regarding Dr. Cog-burn, and told Plaintiff that he and Dr. Morgan would “deal with it.” (Id. at 131:4-13).

After Plaintiffs discussions with Dr. Morgan, Dr. Keeler, and Dr. Gelb, Dr. [449]*449Cogburn became “frosty” toward Plaintiff, and Dr. Morgan and Dr. Gelb seemed to be “upset.” (Id. at 132:6-9). In 2011, Plaintiff asked Dr. Gelb about grant money that Plaintiff had received from Avian Biosciences Center (ABC) as a part of a four professor team, and Dr. Gelb informed him that the money had been spent. (Id. at 147:20-148:3). In August 2011, Dr. Gelb refused to provide additional funding for Plaintiffs provisional patent application, (D.I. 44, Ex. 29 at 20). In 2011, Dr. Gelb also refused to renew the contract of Plaintiffs post-doctoral student. (D.I. 46, Ex. 75 at 148:10-14). Finally, in 2012, Plaintiff received a poor annual performance appraisal from Dr. Gelb. (Id. at 151:1-12).

On May 18, 2012, Plaintiff received his four-year peer review for contract renewal from the Committee, and the Committee unanimously voted not to renew Plaintiffs contract. (D.I. 42, Ex. 6). With regard to Plaintiffs scholarship, he received four “Unsatisfactory” votes, and one “Satisfactory” vote. (Id. at 36). The Committee maintained the same concerns reflected in Plaintiffs two-year review, finding that Plaintiff lacked the “productivity and extramural competitive grant support” to develop a fundable research focus, and that he had “not made acceptable progress towards a successful promotion and tenure application.” (Id. at 37). On May 25, 2012, Dr.

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73 F. Supp. 3d 442, 2014 WL 5786602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golovan-v-university-of-delaware-ded-2014.