Marvin Thrash v. Miami University

549 F. App'x 511
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 10, 2014
Docket13-3489
StatusUnpublished
Cited by13 cases

This text of 549 F. App'x 511 (Marvin Thrash v. Miami University) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marvin Thrash v. Miami University, 549 F. App'x 511 (6th Cir. 2014).

Opinions

GRIFFIN, Circuit Judge.

In this civil rights case, plaintiff Dr. Marvin Thrash, an African-American former faculty member at Miami University (the University), appeals the district court’s grant of summary judgment to defendants, the University and Dr. Shashi Lalvani, the chair of the academic department in which Dr. Thrash worked. For the reasons set forth below, we affirm.

I.

In 2004, a search committee conducted a search to fill a single, open tenure-track position in the University’s Department of Paper Science and Engineering (the Department). The committee’s list of finalists for the position included Dr. Thrash and Dr. Lei Kerr. The committee recommended Dr. Kerr as its first choice, while also recommending that the University bring Dr. Thrash into the Department as a tenure-track “opportunity hire.” According to Dr. Marek Dollar, Dean of the School of Engineering and Applied Sciences, an “opportunity hire” was a hire made pursuant to an “informal policy” at the University of obtaining funding to hire candidates who were under-represented minorities even if the University did not have a position open.

The University utilizes a complex, multi-tiered approach to tenure decisions, and Dr. Thrash’s tenure decision followed this approach. The University’s criteria for obtaining tenure are: (1) high quality teaching and academic advising; (2) research, scholarly and/or creative achievement of high quality and its prospective continuation; (B) productive professional service; and (4) professional collegiality within the department, division, campuses, and University community. The University “places importance on both teaching and research” and “neither aspect of a candidate’s career should be neglected if tenure is to be achieved.”

Ordinarily, when a tenure-track instructor is hired, he or she is placed on a multi-year “probationary period” during which time he or she is evaluated yearly using the four tenure criteria. Each year, the department-level promotion and tenure (P & T) committee, the department chair, and the division dean evaluate the candidate. In this ease, the department-level P & T committee consisted of three tenured faculty members from the Department, and did not include Dr. Lalvani. At the end of the third, fourth, and fifth year, the provost reviews these evaluations. In the candidate’s final probationary year, the candidate makes his or her formal application for tenure. As part of his or her formal application for tenure, the candidate must compile a dossier in support of his or her tenure application that must include at least four letters from external reviewers. According to the University’s guidelines for dossier preparation, “[s]elec[514]*514tion of the external reviewers is the responsibility of the chair/program director and divisional dean,” who, “in consultation with the candidate[,]” should develop a longer list of reviewers before narrowing down the final list of reviewers. At the department level, in the candidate’s final year, the department-level P & T committee reviews the cumulative record and makes a recommendation to the department chair whether the candidate should be granted tenure. The chair then makes a recommendation to the dean. If the candidate has received a positive recommendation at any stage up to this point, the application is submitted to the University P & T committee. The University P & T committee consists of the provost, the deans of the academic divisions, the graduate dean, the dean of the regional campuses, and six tenured members of the instructional staff. The University P & T committee reviews the candidate’s application, the departmental recommendation, and the dean’s recommendation when making its determination. If the University P & T committee makes a negative tenure decision, the candidate is not given tenure.

Dr. Thrash’s first-year review from his peers on the department-level P & T committee acknowledged his strong teaching skills, but noted that he was deficient in the area of research. Specifically, the committee noted, among other things, that research was “an area that require[d] some attention,” and that Dr. Thrash only had one listed publication. Dr. Thrash’s first-year review from Dr. Lalvani, the department chair, noted that Dr. Thrash is a “pleasant person and gets along well with students and colleagues,” but added that “[i]t would be good if he can find time to focus on his research activities.” Dr. Thrash’s second-year review from the department-level P & T committee noted that although Dr. Thrash had improved and was making “progress towards achieving promotion and tenure ... [o]ne area that we judge your efforts may have to be more vigorously sustained is that in grantsmanship,” noting that none of his efforts to date had been successfully funded. By the third year, Dr. Thrash’s peers continued to express concern about his research. For example, the department-level P & T committee concluded that Dr. Thrash needed to “strengthen his [research] portfolio by clearly defining his research agenda” and “encourag[ed] Dr. Thrash to carry through with his plans to publish the anticipated results of [his] three current research projects .... ” Similarly, Dean Dollar’s third-year review stated that Dr. Thrash “has good quality; now he has to work on the quantity, particularly because he has no publications in peer-reviewed conference proceedings.” Dr. Lalvani wrote in his third-year evaluation that he “strongly encourage[d] Dr. Thrash to publish his research in peer-reviewed journals and to continue to seek out funding .... ” Provost Jeffrey Herbst noted in his third-year review that Dr. Thrash had published one journal article and had another accepted for publication, and that it was “crucial that you establish a record of continuous publications in high-quality, peer-reviewed national journals in order to be successful in gaining tenure and promotion.”

Dr. Thrash’s fourth-year reviews were more direct. The department-level P & T committee found that, although Dr. Thrash excelled at teaching,

[t]he P & T guidelines require that you establish a record of high-quality publications at Miami. In the judgment of the committee this has not been done yet .... Your final dossier should demonstrate growth in scholarship over your first five years at Miami to show that you have established a record of high-[515]*515quality publications and a viable research program.

The committee specifically found that “the research productivity of a tenure track assistant professor needs to increase during the probationary period. The P & T committee feels growth in the fourth year should have been higher.” Similarly, Provost Herbst noted in his fourth-year review that Dr. Thrash “published one peer-reviewed journal article in 2008” and that his “only other journal publication was in 2006,” and that he was concerned about Dr. Thrash’s publication record.

Dr. Thrash’s fifth-year reviews were more positive. The department-level P & T committee, Dr. Lalvani, and Dean Dollar all noted that in the previous year, Dr. Thrash had three papers accepted for publication in peer-reviewed journals. However, the committee also continued to “ree-ommend[] that you further strengthen your research agenda in your [P & T] dossier.” Similarly, Dean .Dollar’s fifth-year review praised Dr. Thrash’s improvements in securing publications, but stressed “the need to demonstrate prospective continuation of his research in the years to come.” Provost Herbst commended Dr.

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549 F. App'x 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marvin-thrash-v-miami-university-ca6-2014.