Goring v. Board of Supervisors of Louisiana State University

932 F. Supp. 2d 642, 2010 WL 1533286, 2010 U.S. Dist. LEXIS 37541
CourtDistrict Court, M.D. Louisiana
DecidedApril 13, 2010
DocketCivil Action No. 08-634-JJB-SCR
StatusPublished
Cited by5 cases

This text of 932 F. Supp. 2d 642 (Goring v. Board of Supervisors of Louisiana State University) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goring v. Board of Supervisors of Louisiana State University, 932 F. Supp. 2d 642, 2010 WL 1533286, 2010 U.S. Dist. LEXIS 37541 (M.D. La. 2010).

Opinion

RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

JAMES J. BRADY, District Judge.

This matter is before the Court on a motion for summary judgment by the defendant, Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (“the Board”). (Doc. 45.) Plaintiff, Darlene C. Goring, filed an opposition. (Doc. 57.) Defendant filed a reply. (Doc. 60.) This Court’s jurisdiction exists pursuant to 28 U.S.C. § 1331. Oral argument is not necessary. For the following reasons, the Court GRANTS defendant’s motion for summary judgment on all of plaintiffs claims.

Background

The facts giving rise to this lawsuit are somewhat complex and span over seven years. The lawsuit concerns events that occurred during Darlene Goring’s employ[646]*646ment as a professor at the Paul M. Hebert Law Center at Louisiana State University (“LSU Law Center”), in Baton Rouge, Louisiana. The Board oversees the LSU Law Center.1 In August 2002, Goring joined the Law Center faculty as an Associate Professor of Law on a tenure track. Goring initiated the process for tenure and promotion in 2005; however, she ultimately sought only tenure. Goring alleges that other professors convinced her not to seek tenure and promotion simultaneously because it would be inconsistent with Law Center tenure and promotion policy. The Board maintains that the decision to pursue only tenure was Goring’s alone. Regardless, Goring acquired indefinite tenure by unanimous vote on November 9, 2005, but she was not promoted to the rank.of full professor.

In January 2007, Goring had an altercation with the president of the Black Law Student Association (“BLSA”), Daphne LaSalle, also an African-American woman. The parties dispute the basis and nature of this altercation. Goring alleges that she received complaints concerning the inappropriateness of LaSalle’s dress at a BLSA event in Miami and that she voiced those concerns to Vice Chancellor Cheney Joseph (“VC Joseph”). Goring alleges that VC Joseph insisted that Goring speak to LaSalle about the problems concerning her dress. Goring alleges that she was reluctant about doing so because she was not the advisor for this group, but that she nevertheless agreed. The resulting confrontation turned acrimonious with both Goring and LaSalle allegedly hurling invectives and accusations at each other.

Repercussions from this altercation continued into May 2007 when Goring and LaSalle’s mother got into a heated verbal exchange at the Law Center’s graduation ceremony. LaSalle’s mother briefly confronted Goring concerning her displeasure with Goring’s conduct, specifically some of the words Goring allegedly used to describe her daughter’s wardrobe.2 Goring alleges that LaSalle posted photographs and derogatory comments concerning the confrontation on her Facebook page. The parties dispute what happened once Goring reported the photographs. LSU alleges that LaSalle removed both the photographs and references to the altercation on her Facebook page when VC Joseph asked her to do so. Goring counters that LaSalle continued to make postings on her page. Goring alleges that she again reported the matter to VC Joseph and Law Center library staff, to inform them that LaSalle .used the Law Center’s computer for the web postings in violation of the usage policy, but that no- action was taken against LaSalle.

In the Fall of 2007, Goring ceased coaching the BLSA mock trial team. Goring alleges Chancellor Weiss removed her from the coaching position. The Board counters that Goring voluntarily left after BLSA members adamantly objected to her continued involvement.

Goring requested promotion on November 12, 2007. The Board argues that the LSU Law Center’s official rules for tenure, promotion and review established September 15 as the application deadline. Goring [647]*647counters that another set of rules, the LSU A & M rules,3 allowed her to apply for promotion at any time. Goring alleges that she verbally expressed her interest in applying to Professor Kenneth Murchison, another member of the Law Center faculty and Chairman of the Promotion and Tenure Committee, prior to September 15, but that Murchison told her that the committee would require two additional articles and it would be futile to apply for promotion at that time. The Board argues that Goring made an untimely promotion request because she submitted her materials after the deadline passed. Consequently, at a November 14, 2007 meeting, without addressing the merits of the application, the faculty refused to consider the request for promotion. Ms. Goring filed a charge of discrimination with the Louisiana Commission on Human Rights (“LCHR”) on February 6, 2008.

At a faculty meeting on April 16, 2008, Chancellor Weiss proposed to hire a former president of the Louisiana State Bar Association, Phelps Gay, to oversee the continuing legal education program at LSU without posting or advertising the position. A majority of the faculty opposed Weiss’s proposal and the meeting quickly became contentious. Weiss ultimately did not pursue the hire. Goring alleges that after she voiced concerns during the meeting that Weiss’s proposed action might violate EEOC policies, Weiss raised his voice, and became rude, hostile, and nasty. Goring also alleges that Chancellor Weiss made reference to the instant litigation in his comments.4 LSU counters that Chancellor Weiss did not raise his voice, use profanity or any racially offensive terms.

In Fall 2008, Goring filed this lawsuit against the Board alleging discrimination, hostile work environment and retaliation. Around the same time, Goring timely sought consideration for promotion to full professorship. Goring alleges that after the filing of this lawsuit, but before the faculty vote on her promotion, Chancellor Weiss sent a two-page letter to the faculty, casting her application in a negative light. The Board counters that Weiss’s letter concludes with a recommendation in favor of Goring’s promotion. The faculty approved the promotion. The Board subsequently promoted Goring to full professor in July 2009, a position which she still holds.

Summary Judgment Standard

Summary judgment is appropriate when the pleadings, answers to interrogatories, admissions, and affidavits on file indicate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). When the burden at trial rests on the non-movant, as it does here, the movant need only demonstrate that the record lacks sufficient evidentiary support for the nonmovant’s case. Id. The movant may do this by showing that the evidence is insufficient to prove the existence of one or more elements essential to the nonmovant’s case. Id.

This Court considers the evidence in the light most favorable to the nonmovant, but the non-movant may not merely rest on allegations set forth in the pleadings. Instead, the non-movant must show that there is a genuine issue for trial. See [648]*648Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

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Bluebook (online)
932 F. Supp. 2d 642, 2010 WL 1533286, 2010 U.S. Dist. LEXIS 37541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goring-v-board-of-supervisors-of-louisiana-state-university-lamd-2010.