Mason v. Board of Trustees of the University of Illinois

830 F. Supp. 2d 532, 2011 U.S. Dist. LEXIS 129734, 94 Empl. Prac. Dec. (CCH) 44,322, 114 Fair Empl. Prac. Cas. (BNA) 52, 2011 WL 5436266
CourtDistrict Court, C.D. Illinois
DecidedNovember 9, 2011
DocketCase No. 09-CV-2282
StatusPublished
Cited by1 cases

This text of 830 F. Supp. 2d 532 (Mason v. Board of Trustees of the University of Illinois) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mason v. Board of Trustees of the University of Illinois, 830 F. Supp. 2d 532, 2011 U.S. Dist. LEXIS 129734, 94 Empl. Prac. Dec. (CCH) 44,322, 114 Fair Empl. Prac. Cas. (BNA) 52, 2011 WL 5436266 (C.D. Ill. 2011).

Opinion

OPINION

MICHAEL P. McCUSKEY, Chief Judge.

This case is before the court for ruling on the Motion for Summary Judgment (# 14) filed by the Defendant, Board of Trustees of the University of Illinois. This court has carefully reviewed the arguments of the parties and the documents filed by the parties. Following this careful and thorough review, Defendant’s Motion for Summary Judgment (# 14) is DENIED.

FACTS1

I. EMPLOYMENT BACKGROUND

Plaintiff, Nancy Mason, is a female and was born on May 6, 1953.2 Plaintiff was employed at the University of Illinois in various capacities from 1981 to August 15, 2011, including as a firefighter, EMT, and Program Director of Hazardous Materials and Terrorism for the Illinois Fire Service Institute (“IFSI”). In 1997, Richard Jaehne (“Jaehne”) was hired to lead IFSI, a position he currently maintains. Jaehne’s official title at IFSI is Director, and in that role he is ultimately responsible for hiring, promotions and other personnel decisions at IFSI. At the time Jaehne arrived at IFSI, both the Plaintiff and Dave Clark (“Clark”) worked at IFSI and held the title of Fire Education Specialists. At some point after Jaehne’s arrival, Clark was promoted to the position of Deputy Director at IFSI, a position which had a supervisory role over Plaintiff. Jaehne also hired John “Mac” McCastland (“McCastland”) as an Assistant Director, sometime prior to 2005. In 2005, McCastland was promoted to the position of Associate Director at IFSI.3

Prior to the demotions that are at issue in this case, Plaintiffs primary responsibility as Program Director was to manage the Hazardous Materials and Terrorism programs, in addition to other related responsibilities. Plaintiff held these positions for a period of time, however it appears that she received these roles at IFSI during Jaehne’s tenure. During Plaintiffs time as Program Director, she had a staff [537]*537that worked for her to assist her in completing her administrative responsibilities. In either late 2004 or early 2005, while Plaintiff was responsible for these programs, she requested additional help. In response to that request, Plaintiff was appointed chairperson of a search committee with the purpose of finding someone to fill her request for additional help. The committee recommended that Chris Downey (“Downey”) be hired for the position. The stated role for Downey’s position was to become trained in Plaintiffs area of expertise—namely the Hazardous Materials program—with the goal that he would eventually take on Plaintiffs role if his development in the position was successful.4 At the time he was hired, which was in April 2005, he was approximately thirty years old and had previously worked for four years as a part-time volunteer fireman at the Hickory Point Fire Department; however he had no prior experience working in a university setting. After Downey was hired, he reported directly to Clark, which allegedly came as a surprise to the Plaintiff.

II. ALLEGED ADVERSE EMPLOYMENT ACTIONS

On August 9, 2005, Plaintiff received feedback from Jaehne regarding her job performance for the preceding year in her yearly Academic Professional Review. Jaehne complemented Plaintiff in the review on her development of the Hazardous Materials program and on her ability to generate ideas. However, Jaehne criticized her performance with regards to three areas: (1) the compatibility of the Hazardous Materials program with the other programs at IFSI; (2) the need to re-focus her efforts on program development and quality control and connectivity to the Office of Domestic Preparedness (“O.D.P.”) guidelines; and (3) the need to reduce personality conflicts and become a bétter part of the team.5 At about the same time Plaintiff received this performance evaluation, Plaintiff received a letter from Jaehne adjusting and increasing her salary6 and thanking her for her services as follows: “Your performance has clearly demonstrated significant merit.... I want to thank you for your numerous important contributions to the Institute ... You have truly contributed to make a difference.”

In her role as the Program Director for Hazardous Materials, Plaintiff was responsible, in part, for developing curriculum that met the requirements of the United States Department of Homeland Security. In October 2005, portions of the curriculum that Plaintiff was responsible for— namely the course titled “SWR: Hazardous Materials Operations”—failed to meet the standards for state and local training programs.

At some point in the months preceding December 2005, Jaehne, in his monthly meetings with the Executive team—which included Clark, McCastland, Marcia Miller, and Terry Hopper—discussed the possibility of removing Plaintiff from her Program Director roles. Thereafter, in [538]*538December 2005, Jaehne advised the Plaintiff that she was being relieved of her title as Program Director of Hazardous Materials -and Terrorism, apparently explaining that the reason for this change was his lack of trust in Plaintiff and his dissatisfaction with her management of the programs. At this meeting, Plaintiff was also informed that her replacement as Program Director would be Downey, who had recently been hired to assist the Plaintiff. Although the exact timing is not clear from the parties filings, Plaintiff apparently continued, if not in title, at least in partial responsibility, for the Hazardous Materials and Terrorism Programs until March 2006, when those responsibilities, along with the vast majority of her previous responsibilities, were formally taken away. After Downey took over the role of Program Director of Hazardous Materials, he was not initially certified to sign student certificates for all of the programs that he now managed. Therefore, Plaintiff, even after her removal from her role as Program Director, was needed to continue signing student certificates for various programs.

At the time of her reassignment in March, Plaintiff was put in charge of curriculum development (which was a leading priority for IFSI), her sole responsibility at this point. Specifically, Plaintiff agreed to complete portions of the Hazardous Materials curriculum by May 31, 2006, for resubmission of the curriculum to the Department of Homeland Security Grants & Training. Plaintiff explains that she believed that this assignment to develop the weapons of mass destruction curriculum had been originally assigned to Brian Brauer (“Brauer”) in the Spring of 2004. Plaintiff explains that this project was reassigned to her because it was not completed by Brauer, who was later promoted to Assistant Director in spite of this alleged failure. Plaintiff had a clear deadline to complete this project by May 31, 2006. However, Plaintiff, allegedly due to her brief hospitalization, was unable to complete at least one section of this curriculum and turned it in four days late. Jaehne considered this failure to fully complete the assigned curriculum to be a performance failure.

In July 2006, Plaintiff was moved into a smaller office at IFSI to allow McCastland to utilize her office. Also, in July, Plaintiff met with Dr. McCoy, the head of the Department, Jaehne and Clark to discuss the allegations that Plaintiff was not adequately performing her job. After a brief meeting, Jaehne and Clark left the meeting and Dr. McCoy continued to have a meeting individually with Plaintiff.

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830 F. Supp. 2d 532, 2011 U.S. Dist. LEXIS 129734, 94 Empl. Prac. Dec. (CCH) 44,322, 114 Fair Empl. Prac. Cas. (BNA) 52, 2011 WL 5436266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-board-of-trustees-of-the-university-of-illinois-ilcd-2011.