Kern v. Palmer College of Chiropractic

757 N.W.2d 651, 28 I.E.R. Cas. (BNA) 840, 2008 Iowa Sup. LEXIS 156, 2008 WL 4951135
CourtSupreme Court of Iowa
DecidedNovember 21, 2008
Docket06-1054
StatusPublished
Cited by57 cases

This text of 757 N.W.2d 651 (Kern v. Palmer College of Chiropractic) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kern v. Palmer College of Chiropractic, 757 N.W.2d 651, 28 I.E.R. Cas. (BNA) 840, 2008 Iowa Sup. LEXIS 156, 2008 WL 4951135 (iowa 2008).

Opinions

HECHT, Justice.

In this case, a discharged employee sued his former employer for breach of an employment contract, and sued three of the employer’s agents for tortious interference with that contract. The district court concluded the termination was, as a matter of law, for cause and granted summary judgment to all of the defendants. We conclude the district court erred in granting summary judgment to the employer and one of the three individual defendants.

I.Factual and Procedural Background.

A reasonable fact-finder viewing the summary judgment record in the light most favorable to the plaintiff, Dr. Gregory Kern, could find the following facts. Kern was employed as an assistant professor by Palmer College of Chiropractic. A written contract established the term of his employment from October 1,1995, to September 30, 2000. The parties fully incorporated, as an “integral and binding part” of the contract, the 1988 Palmer College Faculty Handbook, which stated the terms and conditions of employment for all Palmer College faculty members.

The faculty handbook declared the responsibilities of Palmer faculty members, detailed the internal procedural protections available to any aggrieved faculty member, and prescribed the grounds for termination of faculty members’ employment. Section 6.61 of the handbook addressed the grounds for termination:

Dismissal from appointment may be effected by the College for the following causes:
1. Conduct seriously prejudicial to the College through conviction of an infraction of law or through moral turpitude.
2. Willful failure to perform the duties of the position to which the faculty member is assigned or willful performance of duty below accepted standards.
3. Breach of College regulations adversely affecting the College.

During a faculty meeting attended by Kern on November 30, 1999, Dr. Donald Gran, Kern’s immediate supervisor, requested all faculty members draft twenty-five questions suitable for inclusion in the national chiropractic board examination. Gran described the proper formatting for [655]*655the questions, which were to be returned to Gran in an electronic format. The task of writing such questions was not foreign to the Palmer faculty, but in previous years Kern and several other professors had routinely submitted proposed questions in handwritten form. Gran also requested all faculty members under his supervision, including Kern, draft and submit to him a statement of professional goals for the year 2000. An email from Gran to faculty members provided a model of the format to guide them in developing appropriate goals.1 In February 2000, Gran reminded the faculty that the proposed national board questions were due in electronic form by March 30.

On March 22, 2000, Gran’s secretary, Sharon Boyle, sent an email reminder to several faculty members, including Kern, who had not delivered to Gran their statements of professional goals. The email set a new deadline of March 31 for completion of the task, and reiterated the four criteria for appropriate goals:

1. List at least one primary goal you will achieve by December 2000 relating to your classroom teaching, research/scholarship, and service to the college.
2. For the goals listed, indicate the anticipated administrative and/or collegial support necessary to accomplish the goal.
3. For the goals listed, describe the tangible end product which signifies the goal has been accomplished.
4. For the goals listed, describe the anticipated timeline for any major milestones in accomplishing your goals.

Gran sent additional emails on March 28 and 29 reminding faculty members who had not submitted goals that he expected completion of the task “without fail” on March 31. Kern submitted hand-written national board exam questions and a single goal to Gran sometime between April 1 and April 4. Kern articulated his goal as follows:

1. My primary goal to be achieved by December 2000 is to restore all departments campus wide. These goals carry through to teaching, research/scholarship, and especially service to the college.
2. Anticipated administrative help in this goal is very minimal, anticipated collegial support, i.e. faculty is going to have to be huge.
3. The tangible end product to this goal is clearly better communication, better morale, and much better quality for the students & faculty.
4. My anticipated timeline for this goal is: however long it takes.

(Emphasis in original.) Kern’s reference in the statement to the, “restoration of all departments” adverted to a decision by Palmer’s administration to shift from a departmental curriculum to a “year-based” curriculum in mid-to-late 1999. Kern was dissatisfied with the reorganization of the curriculum and believed it would negatively affect Palmer students. He had openly expressed his doubts about the suitability of the new organizational structure in questions posed to Dr. Guy Riekeman, the president of the college, during a meeting of Palmer’s faculty senate in the spring of 2000. Dr. Riekeman responded that anyone who disagreed with the reorganization could choose to leave.

Kern perceived a negative response from Palmer’s administrators after that meeting of the faculty senate. One of [656]*656Kern’s patients was an acquaintance of Dr. Robert Percuoco, Palmer’s Dean of Academic Affairs.2 The patient carried a message to Kern for Percuoco, advising Kern to “watch his back” and informing Kern that his days at Palmer were numbered because Percuoco would “see him fired.”3

Soon thereafter, Gran, who was supervised by Percuoco, confronted Kern and placed a record in his personnel file warning against excessive use of sick days. Kern was alarmed by this action as he had used fewer sick days than the faculty handbook authorized for that year. Gran also took issue with the substance of Kern’s stated goal, and returned to Kern his proposed national board questions because they were not properly formatted. In an April 7 email requesting that Kern resubmit the questions electronically that day, Gran advised Kern to contact Sharon Boyle for assistance with the formatting if assistance was needed. Kern testified at his deposition that he accepted the offer of assistance and turned his questions into Boyle for formatting on more than one occasion after receiving notice of the electronic format requirement. On April 10, Gran sent a memorandum of reprimand to Kern stating properly formatted exam questions had not been received. Kern viewed Gran’s responses as harassment because he knew other professors who were not computer-literate had submitted proposed questions in handwriting and were accommodated with secretarial assistance, and those professors were not reprimanded.

On April 13, 2000, Kern met with Gran and Dr. Kevin McCarthy, the Vice President of Academic Affairs for Palmer College. McCarthy angrily confronted Kern about the substance of Kern’s goal to return to the former curriculum structure. Kern felt physically threatened by McCarthy’s demeanor during the meeting.

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Bluebook (online)
757 N.W.2d 651, 28 I.E.R. Cas. (BNA) 840, 2008 Iowa Sup. LEXIS 156, 2008 WL 4951135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kern-v-palmer-college-of-chiropractic-iowa-2008.