Mbarika v. Board of Supervisors

992 So. 2d 551, 2007 La.App. 1 Cir. 1136, 2008 La. App. LEXIS 887, 2008 WL 2330216
CourtLouisiana Court of Appeal
DecidedJune 6, 2008
DocketNo. 2007 CA 1136
StatusPublished
Cited by7 cases

This text of 992 So. 2d 551 (Mbarika v. Board of Supervisors) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mbarika v. Board of Supervisors, 992 So. 2d 551, 2007 La.App. 1 Cir. 1136, 2008 La. App. LEXIS 887, 2008 WL 2330216 (La. Ct. App. 2008).

Opinion

GAIDRY, J.

|2In this employment discrimination and defamation case, the plaintiff appeals a summary judgment granted in favor of the defendants dismissing all of his claims with prejudice. We affirm.

FACTS AND PROCEDURAL HISTORY

Dr. Victor Mbarika, an African-American male, was recruited to work at Louisiana State University (“LSU”) as an Assistant Professor in the Department of Information Systems and Decision Sciences (“ISDS”). Dr. Mbarika’s initial appointment to the position was for a three-[554]*554year term, from 2001 until 2004. Regarding reappointment after the initial three-year term, his employment contract advised:

Upon expiration of a term appointment, the employee is a free agent to whom the University System has no obligation. The University System may reappoint the employee to the same or a different position. Non-reappointment carries no implication whatsoever as to the quality of the employee’s work, conduct, or professional competence.

Prior to the expiration of his three-year term and after several unfavorable performance evaluations, LSU notified Dr. Mbarika that it did not intend to reappoint him to another three-year term and instead offered him a one-year terminal contract. Dr. Mbarika declined the offer of the one-year terminal contract and left LSU at the end of his initial appointment.

Dr. Mbarika subsequently filed suit against the LSU Board of Supervisors and Dr. Helmut Schneider, Chair of the ISDS Department, alleging that he was discriminated against in the reappointment process based upon his race. Dr. Mbarika also claimed that Dr. Schneider made defamatory statements about him in the reappointment process. Dr. Schneider raised the affirmative defenses of truth and qualified privilege to the defamation claim. The trial court granted summary judgment in favor of |sLSU and Dr. Schneider, dismissing all of Dr. Mbarika’s claims with prejudice, and Dr. Mbarika filed this appeal.

DISCUSSION

When Dr. Mbarika was recruited to work at LSU, he was offered a salary of $88,000.00 per academic year, which was higher than all other assistant and full professors in the ISDS Department. A memo from the Human Resources Department justifying the proposed salary explained that Dr. Mbarika is a minority and there were very few minority candidates in the College of Business and also noted that Dr. Mbarika seemed from his curriculum vitae to be “a very promising candidate.”

At the time he was offered the job, Dr. Mbarika was told that his primary job responsibilities would be “to provide excellence in teaching, to conduct quality research and publish the results thereof in recognized academic journals, and to satisfactorily perform other duties typically associated with the professorate.” He was also informed that while service was important at LSU, it was not expected to be “a major part” of his workload as an un-tenured faculty member. Regarding promotion and tenure, Dr. Mbarika was advised that:

Tenure decisions in the College are based primarily on a faculty member’s teaching and research. Evidence of high quality scholarship and outstanding teaching are crucial for promotion and tenure at LSU. Quality research can be demonstrated by a variety of portfolios, but one crucial indicator to any portfolio would be publication in the leading journals in information systems. Teaching effectiveness is measured in many ways including student evaluations, peer review, and the preparation of your students for upper level classes.1 (Emphasis added.)

LSU Policy Statement PS-36, entitled “Criteria for Evaluating Academic Performance, and Policy and Procedures on Faculty \ ^Appointment, Performance [555]*555Evaluation, Reappointment/Non-reappointment, Promotion and Tenure, Appeal Procedures,” provides for performance evaluations conducted annually to “assist the faculty member with [his] future professional development as well as contribute to an understanding of how [his] contribution is viewed by students, colleagues, and the chair.” As part of the annual review process for non-tenured faculty members, the non-tenured faculty member prepares a faculty activity report which outlines his instructional, scholarly, service and other activities over the past year. The tenured faculty in the department then meets to evaluate the performance of the non-tenured faculty member and forwards this evaluation to the department chair, who in turn prepares his assessment of the non-tenured faculty member and submits it, along with the tenured faculty’s evaluation, to both the faculty member and the dean. In the final year of a non-tenured faculty member’s term, these evaluations by the tenured faculty members and the chair also include a recommendation on reappointment.

Dr. Mbarika’s performance evaluations from his years at LSU reveal an inconsistent teaching record, as well as repeated, unsuccessful attempts by the tenured faculty and Dr. Schneider to steer Dr. Mbari-ka in the right direction in his research activities for promotion and tenure purposes.2

The May 3, 2002 annual performance review by the ISDS department’s tenured faculty rated Dr. Mbarika’s teaching performance as “about average,” but noted that student evaluations reported Dr. Mbarika’s use of inappropriate and unprofessional language in class and urged him to conduct his classes with decorum and respect for his students in the future. In the area of scholarship, the tenured faculty noted that Dr. Mbarika had | sbeen “very active” and commended him for his enthusiasm and energy; however, they cautioned that:

Junior faculty members in ISDS are encouraged to focus their research efforts on projects that have a high potential for being accepted in the leading journals in information systems, or where appropriate, the leading journals in its reference disciplines. Over time, a strong research portfolio will likely evidence some mix of publications in both first and second tier journals. However, for faculty in the early stages of their careers we suggest targeting the former, with the assumption that the secondary outlets will prove to be acceptable homes for work that does not make it into the first tier outlets. To date, the journals in which Professor Mbarika has published would not be considered among those generally regarded among the first tier.
Professor Mbarika indicates that he has at least six research projects in-progress. We encourage him to closely evaluate these works and to pare this set down to the most promising pieces and focus on preparing those for submission to the leading journals.

The faculty rated Dr. Mbarika’s performance in the area of scholarship as above average in terms of quantity of output, but only average in terms of quality. In summary, the faculty recommended that Dr. Mbarika “focus his efforts in placing the results of his scholarship in more mainstream and widely referenced outlets.”

[556]*556In Dr. Schneider’s 2002 evaluation, he noted that Dr. Mbarika’s teaching evaluations were at the departmental average. Although he considered Dr. Mbarika to be “without a doubt ... very productive in research,” Dr. Schneider recommended that Dr. Mbarika begin to “target Tier I journals for his research.”

In the tenured faculty’s April 21, 2003 review, they rated Dr.

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992 So. 2d 551, 2007 La.App. 1 Cir. 1136, 2008 La. App. LEXIS 887, 2008 WL 2330216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mbarika-v-board-of-supervisors-lactapp-2008.