Koul v. Univ. of Rochester

285 F. Supp. 3d 595
CourtDistrict Court, W.D. New York
DecidedJanuary 25, 2018
Docket14–CV–6428L
StatusPublished
Cited by1 cases

This text of 285 F. Supp. 3d 595 (Koul v. Univ. of Rochester) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koul v. Univ. of Rochester, 285 F. Supp. 3d 595 (W.D.N.Y. 2018).

Opinion

DAVID G. LARIMER, United States District Judge

DECISION AND ORDER

PRELIMINARY STATEMENT

Plaintiff Suneel Koul ("Koul") commenced this action against defendants the University of Rochester (the "University") and Strong Memorial Hospital (the "Hospital")1 alleging that the University unlawfully discriminated against him based his race and national origin. In the original complaint, Koul alleged claims for discrimination, racially hostile work environment, racially disparate treatment, and retaliation, under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. , New York State Human Rights Law Section 296, 42 U.S.C. § 1981, 42 U.S.C. § 1982, 42 U.S.C. § 1983, New York Labor Law § 740, as well as for tortious interference with an economic interest and breach of contract under state common law.

The University moved for summary judgment on all of Koul's claims, and on August 7, 2017, from the bench, and on the record, the Court granted the University's motion as to all of Koul's claims except for the state-law breach of contract claim. (Dkt. # 46). In doing so, the Court dismissed the federal law claims that formed the basis for original jurisdiction. After additional briefing by the parties, (Dkt. ## 47; 48), the Court entered a decision and elected to exercise supplemental jurisdiction over the remaining state-law breach of contract claim, (Dkt. # 49).

Therefore, now pending is the University's motion for summary judgment regarding Koul's breach of contract claim-the only claim remaining from the original complaint. For the reasons stated more fully below, Koul's breach of contract claim is dismissed. The University's motion is granted and the complaint is dismissed in its entirety.

BACKGROUND2

1. Facts

On March 1, 2005, Dr. Sandra Schneider ("Schneider"), Professor and Chair of the University's Department of Emergency Medicine, and Dr. David Guzick ("Guzick"), *597Dean of the University of Rochester School of Medicine and Dentistry, offered Koul a part-time clinical faculty position in the Hospital's Observation Unit and Emergency Department. (Dkt. # 40-1) (the "Offer Letter"). The two-page Offer Letter specified several aspects of Koul's faculty position, including: (1) clinical duties; (2) job performance evaluation; (3) compensation; (4) appointment duration; and (5) termination. (Id. at 1-2). Regarding the duration and termination of Koul's appointment, the Offer Letter stated:

This agreement will continue for a one-year period. Termination of this agreement requires a minimum of 90-days written notice. However, this agreement will be terminated immediately if you lose your license to practice independently, lose you [sic] medical staff privileges of [sic] if you are suspended or terminated.

(Id. at 2). Koul accepted the offer on March 7, 2005. (Id. ).

Koul signed two additional documents on March 7, 2005. The first, entitled "Strong Memorial Hospital Statement of Assurances" (the "Statement"), provided that "[i]f [Koul's] application for membership and privileges [was] approved, [Koul] agree[d] to abide by the Bylaws of the Medical Staff, and the Rules, Regulations, and Policies of Strong Memorial Hospital, the University of Rochester, and of the Clinical Service(s) to which [he was] appointed." (Dkt. # 40-3). The second, entitled "Strong Health Credentialing Verification Office, Consent to Release of Information" (the "Release"), stated that "[b]y applying for appointment or reappointment to the medical staff of [the University], [Koul] acknowledge[d] that [he has] received and [has] the responsibility to read the medical staff bylaws and rules and regulations of each entity or panel of participants. [Koul] agree[d] to be bound by the terms of such documents and all other applicable policies of such entities as may from time to time be in effect[.]" (Dkt. # 40-4). Presumably, the Statement and the Release were documents that Koul needed to sign to accept the University's offer, yet Koul has not submitted any specific proof demonstrating this.

On May 26, 2005, Dr. Richard Burton ("Burton"), Senior Associate Dean for Academic Affairs at the University of Rochester School of Medicine and Dentistry, notified Koul that the University had approved his appointment as a part-time faculty member. (Dkt. # 40-6) (the "Appointment Letter"). Consistent with the Offer Letter, Koul's appointment was for a one-year term, effective June 6, 2005, through June 30, 2006. (Id. ). Enclosed with the Appointment Letter was a copy of the University of Rochester School of Medicine and Dentistry Regulations of the Faculty (the "Regulations"), along with other materials pertinent to Koul's appointment. (Id. ). The Appointment Letter "recommend[ed] that [Koul] read these materials carefully and keep them for future reference." (Id. ).

By the express terms of the Offer Letter and the Appointment Letter, neither guaranteed Koul employment at the University beyond his initial one-year term. However, his appointment was, pursuant to the Handbook, renewable, (Dkt. # 40-5 at 32), and the University chose to renew Koul's faculty appointment for several years, (Dkt. ## 36-1 at ¶ 11; 41 at ¶ 11). Each time the University made this decision, it would send Koul a short, two-paragraph reappointment letter. For example, on April 18, 2006, Burton notified Koul of Koul's "reappointment as Senior Instructor of Clinical Emergency Medicine (part-time), in the School of Medicine and Dentistry, effective July 1, 2006 through *598June 30, 2008. This action is based on the recommendation of the department chair and is in recognition of your contributions to the Medical Center." (Dkt. # 40-8 at 2). Koul has submitted nearly identical letters from the University dated March 10, 2008, reappointing him to a term effective July 1, 2008, through June 30, 2008, (id. at 3), and dated June 1, 2012, reappointing him to a term effective July 1, 2012, through June 30, 2013, (id. at 4) (collectively, the "Reappointment Letters").

However, things changed thereafter. By letter dated October 16, 2012, Dr. Michael Kamali ("Kamali"), who became Chair of the University's Department of Emergency Medicine in 2011, notified Koul that the University had "decided not to renew" Koul's appointment at the expiration of his term ending June 30, 2013. (Dkt. # 40-17) (the "Nonrenewal Letter"). The University made its decision "in part, due to concerns regarding [Koul's] compliance with University conflict of interest and conflict of commitment policies," (id.

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