Lamphere v. Brown University

712 F. Supp. 1053, 1989 U.S. Dist. LEXIS 5610, 1989 WL 54917
CourtDistrict Court, D. Rhode Island
DecidedMay 12, 1989
DocketCiv. A. No. 75-0140 P
StatusPublished
Cited by1 cases

This text of 712 F. Supp. 1053 (Lamphere v. Brown University) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lamphere v. Brown University, 712 F. Supp. 1053, 1989 U.S. Dist. LEXIS 5610, 1989 WL 54917 (D.R.I. 1989).

Opinion

OPINION AND ORDER

PETTINE, Senior District Judge.

On February 9, 1989, this Court issued an Opinion and Order in the above-captioned case, in response to cross-motions of the parties requesting modification and/or termination of a Consent Decree entered in 1977, holding that:

1. the Lamphere Consent Decree is to continue in full force and effect as to tenured women faculty and is to continue but for the establishment of updated goals and timetables for nontenured women faculty;

2. the new goal for tenured women faculty, to be achieved by June 30, 1991, is 70;

3. the AAMC will convert this overall goal to proposed sub-goals by academic areas by June 30, 1989, and will by that date inform the Court of these sub-goals and the precise method of their calculation;

4. the burden of proof to be applied by the AAMC and the courts will continue to be that originally established in the Decree, that is that the University must show by clear and convincing evidence that decisions made regarding faculty employment are non-discriminatory as to sex; and

5. the method of electing members to the AAMC will remain as originally set forth in the Decree.

In addition, the Court restated the First Circuit’s holding in Appeal of Ann W. Seidman, 798 F.2d 532, 537 (1st Cir.1986), that any appeal of an AAMC decision to the courts shall be given a full judicial trial.1

The defendant, Brown University, has now moved for reconsideration of the February 1989 Opinion and Order on the grounds that the Court, in establishing the updated goal for 1991 for tenured women faculty, unnecessarily reviewed and inappropriately redetermined the 1987 goal from which the 1991 goal is derived, and that the Court adopted a standard for eval[1055]*1055uating whether to terminate the Consent Decree that is both unworkable and contrary to the intent of the parties, who set up specific standards in the Decree for measuring its continuing necessity. D. Motion 1-2. If the Court now decides to adopt defendant’s views on these issue, it is argued, the logical consequences should be a determination that the University has substantially complied with the requirements of the Lamphere Consent Decree and thus a ruling that the Decree has terminated.

Having carefully reviewed both defendant’s arguments and plaintiffs’ objection, this Court again concludes that the Lam-phere Consent Decree has not terminated because its ultimate objective of “full representativeness”2 of women faculty has not yet been achieved. Because, however, the parties’ continued wrangling over how to interpret and implement the Consent Decree stems from ambiguities in the Decree that have, with the passage of time, become so encrusted with competing meanings as to make unnecessarily difficult the Court’s role as final arbiter of the Decree, this Court today resolves these ambiguities by definitively interpreting those terms that have become the focal point of the present impasse.

1. BROWN UNIVERSITY’S MOTION FOR RECONSIDERATION

Defendant University raises two objections to the February 1989 opinion:

A. Standard of Review for Terminating a Consent Decree

Defendant’s complaint that the Court incorrectly adopted the “grievous wrong” standard of United States v. Swift & Co., 286 U.S. 106, 52 S.Ct. 460, 76 L.Ed. 999 (1932) as the sole criterion for determining whether the Lamphere Consent Decree should be terminated is without merit. In the February 1989 Opinion and Order, this Court clearly applied the test of “substantial compliance” to the question of whether the Decree should be terminated and found that, because the Decree’s overarching goal of “full representativeness” had not been achieved, the Decree necessarily remained in effect. Lamphere v. Brown University, 706 F.Supp. 131, 138 (D.R.I.1989), citing Morris v. Travisono, 499 F.Supp. 149, 157 (D.R.I.1980). Since the Court agrees with defendant that a consent decree is to remain in effect so long as its continued enforcement is necessary to effectuate its purposes, and in fact applied this standard in the earlier opinion, I see no need to belabor this point further. Id. at 137 (“Among the changed circumstances recognized by this Court as providing a meritorious reason for terminating a consent decree are new conditions, either factual or legal, that render continued enforcement unnecessary to effectuate the decree’s original goals.”).

B. Appropriateness of the Court’s Re-determination of the 1987 Goal for Tenured Women Faculty

The University’s second objection encompasses two arguments. First, defendant argues, the Court unnecessarily reviewed and rejected the updated goal for 1987 of 50 tenured women faculty set by the Affirmative Action Monitoring Committee (hereinafter “AAMC”) in March 1987. Since plaintiffs failed to object to the updated goal of 50 at the time and in the manner spelled out in the Consent Decree, defendant reasons, this decision of the AAMC was no longer open for review in February 1989. Second, assuming that the updated goal for 1987 should remain at 50, the University’s success in achieving this goal should have led the Court to conclude that the University had fully complied with the terms of the Decree by 1987 and thus that the Decree had terminated on its own terms.

This Court finds that the University’s first argument, that the updated goal for 1987 of 50 tenured women faculty was not subject to review at the time of the February 1989 opinion, has merit. There is no [1056]*1056question that the Consent Decree charges the AAMC with its implementation and enforcement:

There shall be established an Affirmative Action Monitoring Committee which shall be charged with the implementation of this Decree, the enforcement of this Decree, the hearing of any complaints as to violation of this Decree, and to act as a review body wherever described and required within the provisions of this Decree. ...
The duties of the Committee shall be to oversee the general supervision and compliance by the Defendant of the various •provisions and exhibits of this Consent Decree. In addition, the Committee shall make decisions where required and shall act as a review body where specifically required under the terms of this Decree.

Lamphere Consent Decree, Section 2(L). Among the Committee’s explicit duties is the updating of the goals and timetables at issue here, a responsibility which it shares with this Court:

In the event that the parties cannot agree upon updated goals and timetables ... updated goals and timetables will be determined by the Monitoring Committee, or the Court, in accordance with the principles established by this Exhibit. ■

Lamphere Consent Decree, Exhibit A (Goals and Timetables), paragraph 11. Further, the Decree provides that, whenever the AAMC makes a final decision on a matter upon which it is required to act by the Decree, the parties must seek review of that decision within 30 days:

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712 F. Supp. 1053, 1989 U.S. Dist. LEXIS 5610, 1989 WL 54917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamphere-v-brown-university-rid-1989.