Hossain v. Steadman

855 F. Supp. 2d 1307, 2012 WL 243605, 2012 U.S. Dist. LEXIS 9568
CourtDistrict Court, S.D. Alabama
DecidedJanuary 25, 2012
DocketCivil Action No. 10-713-CG-B
StatusPublished
Cited by5 cases

This text of 855 F. Supp. 2d 1307 (Hossain v. Steadman) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hossain v. Steadman, 855 F. Supp. 2d 1307, 2012 WL 243605, 2012 U.S. Dist. LEXIS 9568 (S.D. Ala. 2012).

Opinion

ORDER

CALLIE V.S. GRANADE, District Judge.

This matter is before the court on the motion for summary judgment of the defendants, John W. Steadman, in his individual capacity and in his official capacity as Dean of the College of Engineering of the University of South Alabama (“Stead-man”), and Bob Riley, Joseph Morton, Christie Miree, John M. Peek, Dr. Stephen P. Furr, Bettye R. Maye, James P. Nix, Bryant Mixon, Dr. Scott A. Charlton, Larry D. Striplin, Jr., J. Cecil Gardner, Samuel L. Jones, Arlene Mitchell, Dr. Stephen H. Stokes, Donald L. Langham, Judge Kenneth O. Simons, and James A. Yance, in their official capacities as trustees of the University of South Alabama (the “trustees”) (collectively, the “defendants”). (Doc. 26). The plaintiff, Dr. Akhter B. Hossain (“Hossain”), filed an opposition to summary judgment (Doc. 34), to which the defendants filed a reply brief (Doc. 41). For the reasons explained below, the defendants’ motion for summary judgment is due to be GRANTED as to all claims and all parties.

I. FACTUAL BACKGROUND

Hossain asserts that Steadman and the trustees unlawfully discriminated against him on the basis of his race, ancestry, and ethnicity in violation of 42 U.S.C. § 1981 by not granting tenure to Hossain, thereby terminating him from employment as a professor of civil engineering at the University of South Alabama (“USA”). (Doc. I, pp. 6-7). Hossain brings his § 1981 claim via 42 U.S.C. § 1983 because USA is a public university, and Steadman is an employee of USA and is being sued both in his official and individual capacity. Id. Hossain also claims that Steadman treated him differently because of his race, ancestry and ethnicity in violation of his rights [1309]*1309under the Equal Protection Clause of the 14th Amendment to the United States Constitution (the “Equal Protection Clause”) by not submitting his scholarship to three external reviews prior to his tenure information being evaluated. Id. at 7-8. Finally, Hossain asserts that the trustees unlawfully discriminated against him on the basis of his national origin, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., by not granting him tenure, in discharging him, and denying him other terms, conditions, and privileges of employment. Id. at 8-9.

Hossain is an Asian male and is from the nation of Bangladesh. (Doc. 25-3, p, 2). He was hired in August 2003 as a full-time probationary tenure-track assistant professor in the Civil Engineering department of USA’s College of Engineering. Id. A condition of his probationary status was that Hossain be reappointed on a year-by-year basis during a six-year probationary period. Id. It is not disputed that USA did not promise or guarantee tenure to Hossain when he was hired. Id.

The relevant administrative hierarchy at USA was as follows: Hossain reported to the chairman of the civil engineering department, which when Hossain was hired in August 2003 was Dr. Joseph Olsen (“Olsen”). Doc. 39, p. 2. Dr. Kevin White (“White”) later became the department chairman in 2005. Id. The department chairman reported to the dean of the College of Engineering, Steadman. Doc. 25-3, p. 3. Steadman reported to the Senior Vice President of Academic Affairs (“SVPAA”), Dr. David Johnson. Id. Johnson, in turn, reported to the president of the university. Id.

In 2006, Hossain’s third year as a probationary tenure-track faculty member, Hossain received a pre-tenure review. (Doc. 39, p. 3). The USA Faculty Handbook requires that “the department chair ... conduct the evaluation in consultation with the tenured faculty of the department or comparable academic unit,” and “... meet with the faculty member to discuss the results of the review.” (Doc. 26-3, p. 96). Accordingly, White reviewed and evaluated three binders of material submitted by Hossain and consulted with the tenured faculty members of the civil engineering department: Dr. Joseph Olsen, Dr. Stephen Douglass, and Dr. Husan Anwam Omar. (Doc. 39, p. 3), (Doc. 26-5, p. 3, ¶ 5). Upon completion of this first pre-tenure review, White met with Hossain to discuss the results. (Doc. 39, p. 3). White considered Hossain’s review to be “borderline,” finding that his teaching was acceptable, giving him a score of 90 out of 100, but also noting some concern regarding Hossain’s research and scholarship efforts, giving him a score of 55 out of 100. (Doc. 26-5, p. 4). White strongly encouraged Hossain to increase his publication work, and recommended that Hossain be reappointed for the following academic year, with the caveat that Hossain undergo a second pretenure review the following year. Id.

One year later, Hossain received his second pre-tenure review in the Spring of 2007. (Doc. 39, p. 5). He met both with White and Steadman, who told Hossain that his teaching remained acceptable and noted an improvement in his research and scholarship efforts. (Doc. 39, p. 6). White still expressed some concerns about Hossain’s “ability to establish a viable, sustainable peer-acknowledged research program in terms of external research funding and publications sufficient to support an award of tenure.”1 (Doc. 26-5, p. 5, ¶ 9). Stead-[1310]*1310man told Hossain to keep concentrating on writing journal articles. (Doc. 26-3, p. 29).

In September 2008, Hossain applied for tenure and promotion by submitting a tenure dossier detailing information about his accomplishments. (Doc. 25-3, p. 7). At White’s request, Olsen, the chair of the civil engineering department’s promotion and tenure committee (the “department committee”), selected three external reviewers and requested written reviews, as required by the USA Faculty Handbook. (Doc. 25-3, p. 7), see also Doc. 26-3, p. 98. By the time the department committee met to review Hossain’s tenure application, however, only one external review had been returned. Id. The department committee opted to press forward with its review of Hossain’s application, anyway. Id.

The department committee consisted of three senior, tenured professors from the civil engineering department: Drs. Olsen, Douglass, and Omar. Id. The department committee voted 2-1 against tenure and promotion, concluding that Hossain’s record in obtaining funded research was marginal. (Doc. 39, p. 10). After voting against tenure, the department committee submitted a report to White, who conducted his own independent review and also recommended against tenure and promotion for Hossain in a report addressed to Steadman. (Doc. 25-3, p. 8).

A separate collegiate committee conducted yet another review of Hossain’s application, and, in a report addressed to Steadman recommended 5-2 against tenure and promotion for Hossain. (Doc. 39, p. 10). Steadman then independently reviewed Hossain’s application and recommended against tenure to Johnson, stating that “Dr. Hossain has a reasonable, but marginal, record of scholarship as it relates to publications [and] ... in both publications and in external funding, the record of scholarship falls below what is expected for tenure and promotion to associate professor.” (Doc. 39, p. 16).

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855 F. Supp. 2d 1307, 2012 WL 243605, 2012 U.S. Dist. LEXIS 9568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hossain-v-steadman-alsd-2012.