Jolibois v. Florida International University Board of Trustees

92 F. Supp. 3d 1239, 2015 U.S. Dist. LEXIS 39754, 2015 WL 1284631
CourtDistrict Court, S.D. Florida
DecidedMarch 13, 2015
DocketCase No. 1:13-cv-22368-KMM
StatusPublished
Cited by2 cases

This text of 92 F. Supp. 3d 1239 (Jolibois v. Florida International University Board of Trustees) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jolibois v. Florida International University Board of Trustees, 92 F. Supp. 3d 1239, 2015 U.S. Dist. LEXIS 39754, 2015 WL 1284631 (S.D. Fla. 2015).

Opinion

ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

K. MICHAEL MOORE, Chief Judge.

THIS CAUSE comes before the Court upon the Motions for Summary Judgment filed by Defendant Florida International University Board of Trustees (“FIU”) (ECF No. 91) (the “FIU Motion’?), Defendants Amir Mirmiran and Atorod Azizi-namini 1 (“Defendants Mirmiran and Azizi-[1242]*1242namini,” sometimes “Dean Mirmiran” and “Chair Azizinamini”) (ECF No. 93), and Defendant Mark B. Rosenberg2 (“Defendant Rosenberg”) (ECF No. 95). Plaintiff Sylvan C. Jolibois (“Plaintiff’) filed a Response (ECF No. 103) and Defendants jointly filed a Reply (ECF No. 107). Defendants’ Motions are therefore ripe for review. UPON CONSIDERATION of Defendants’ Motions, Plaintiffs Response, Defendants’ Reply, the Second Amended Complaint, the applicable evidence, and being otherwise fully advised in the premises, the Court enters the following Order GRANTING Defendants’ Motions.

1. BACKGROUND

Plaintiff was a tenured professor in the College of Engineering at FIU and is of African heritage and Haitian national origin. Second Am. Compl. (ECF No. 77) ¶¶ 12, 25. Plaintiff asserts that FIU began discriminating against him after he became outspoken about FIU’s failure to provide aid to Haiti after the devastating earthquake in 2010. See Pl.’s Resp. at 17. FIU denied Plaintiffs applications for competitive and non-competitive sabbaticals, suspended him for a semester, and eventually terminated him. Second Am. Compl. ¶ 22. Thus, Plaintiff filed his seven-count Second Amended Complaint alleging: (1) race and national origin discrimination in violation of the federal Civil Rights Act, 42 U.S.C. §§ 2000e et seq. (“Title VII”), against FIU; (2) retaliation in violation of Title VII, against FIU; (3) race and national origin discrimination in violation of the Florida Civil Rights Act (the “FCRA”), against FIU; (4) retaliation in violation of the FCRA, against FIU; (5) claims under 42 U.S.C. § 1983 (“§ 1983”) for deprivation of substantive and procedural due process rights protected by the Fourteenth Amendment, against Defendants Mirmiran and Azizinamini; (6) claims under § 1983 for deprivation of substantive and procedural due process rights under the Fourteenth Amendment, and for retaliation in violation of First Amendment free speech rights, against Defendant Rosenberg; and (7) declaratory judgment, against FIU. Id. ¶¶ 25-75.

Defendants move for summary judgment on various grounds analyzed in detail below.

II. LEGAL STANDARD

Summary judgment may be entered only where there is no genuine issue as to any material fact such that the moving party is entitled to judgment as a matter of law. Twiss v. Kury, 25 F.3d 1551, 1554 (11th Cir.1994); Fed.R.Civ.P. 56(a). An issue of fact is “material” if it is a legal element of the claim under the substantive law applicable to the case. Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir.1997). An issue of fact is “genuine” if the record taken as a whole could lead a rational trier of fact to find for the nonmov-ing party. Id.; see Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). However, if the nonmoving party’s evidence and arguments are merely color-able and raise only some doubt, summary judgment may be granted in favor of the moving party. See id. at 586, 106 S.Ct. 1348. “The mere existence of a scintilla of evidence in support of the [nonmovant’s] position will be insufficient; there must be evidence on which the jury could reasonably find for the [nonmovant].” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

[1243]*1243The moving party bears the burden of meeting this standard, id., and the district court views the evidence and makes all factual inferences therefrom in the light most favorable to the nonmoving party. Tyson Foods, 121 F.3d at 646. To meet this burden, the moving party must cite to particular evidence in the record, “including depositions, documents, electronically stored information, affidavits or declarations, stipulations ..., admissions, interrogatory answers, or other materials.” Ritchey v. Southern Nuclear Operating Co., 423 Fed.Appx. 955, 956-57 (11th Cir.2011) (quoting Fed.R.Civ.P. 56(c)(1)(A)).

III. DISCUSSION
A. Discrimination and Retaliation Claims against FIU (Counts I-TV)

In Counts I and III, Plaintiff alleges he was discriminated against on the basis of his race and national origin when FIU denied his sabbatical request, suspended him, and eventually terminated him. Second Am. Compl. ¶¶ 22-23, 25-33, 41-48. In Counts II and IV, he alleges FIU retaliated against him by suspending him and eventually terminating him because he filed EEOC Charges of Discrimination after being denied a sabbatical. Id. ¶¶22, 37, 52. FIU moves for summary judgment arguing that it had legitimate, nondiscriminatory reasons to deny Plaintiffs sabbatical request, suspend him, and eventually terminate him.

1. Plaintiff’s Discrimination Claims

Claims of race discrimination are analyzed under the same framework whether they are brought under Title VII or the FCRA. Giles v. Daytona State Coll., Inc., 542 Fed.Appx. 869, 872 (11th Cir.2013) (citing Harper v. Blockbuster Entm’t Corp., 139 F.3d 1385, 1387 (11th Cir.1998)). The same is true for claims of national origin discrimination. Id. Hence, the Court will analyze Plaintiffs discrimination claims under Title VII’s analytical framework. See id.

“A plaintiff may establish a Title VII claim by presenting direct evidence of discrimination, or circumstantial evidence that creates an inference of discrimination.” Tseng v. Fla. A & M Univ., 380 Fed.Appx. 908, 909 (11th Cir.2010). Where, as here, an employee bases his discrimination claim on circumstantial evidence, courts apply the McDonnell Douglas burden-shifting framework. Giles, 542 Fed.Appx. at 872.

Under the McDonnell Douglas burden-shifting framework, an employee must first establish a prima facie case of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). To establish a prima facie

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92 F. Supp. 3d 1239, 2015 U.S. Dist. LEXIS 39754, 2015 WL 1284631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jolibois-v-florida-international-university-board-of-trustees-flsd-2015.