McQuail v. Tennessee Technological University

69 F. Supp. 3d 701, 2014 U.S. Dist. LEXIS 162398, 2014 WL 6471416
CourtDistrict Court, M.D. Tennessee
DecidedNovember 18, 2014
DocketNo. 2:13-0061
StatusPublished
Cited by2 cases

This text of 69 F. Supp. 3d 701 (McQuail v. Tennessee Technological University) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McQuail v. Tennessee Technological University, 69 F. Supp. 3d 701, 2014 U.S. Dist. LEXIS 162398, 2014 WL 6471416 (M.D. Tenn. 2014).

Opinion

MEMORANDUM

KEVIN H. SHARP, District Judge.

This is an employment discrimination action brought by Dr. Josephine A. McQuail, a full-time professor in the English Department of the College of Arts and Sciences at Tennessee Technical University (“TTU”). Defendants have filed a Motion for Summary Judgment (Docket No. 29) with supporting Memorandum (Docket No. 30), to which Plaintiff has responded in opposition (Docket No. 37). For the reasons that follow, Defendants’ Motion will be granted and this case will be dismissed.

I. Factual Background1

Plaintiff was hired by TTU as a tenure-track Assistant Professor in 1990. She became tenured in 1995, when she was also promoted to Associate Professor. In 2001, she was promoted to full professor.

In 2002, Plaintiffs colleague, Dr. Kurt Eisen, was named English Department chair. In July 2007, he was named interim Associate Dean of TTU’s College of Arts and Sciences.

A. Appointment of an Associate Dean

On May 3, 2011, Dr. Paul Semmes, Dean of Arts and Sciences, requested permission from the Administration to conduct an in[705]*705ternal search for a permanent Associate Dean. The request was approved by TTU’s Provost, TTU’s President, and the Tennessee Board of Regents.

Subsequently, a proposed search committee consisting of a member from each of the departments in the College of Arts and Sciences was submitted to TTU’s Office of Diversity and Legal Affairs for approval of its composition. By email dated August 23, 2011, its Director, Rachel Rader, informed Dean Semmes that the search committee met the Board of Regents’ requirements for diversity.2 The search committee, as approved, consisted of ten members: seven males and three femáles.

The search committee prepared a proposed notice that described the position of Associate Dean, its job requirements, and the required and preferred qualifications. After the notice was reviewed by Ms. Rad-er (and perhaps others), it was posted on TTU’s website. Notice was also placed in the Tech Times, an online faculty newsletter.

Only two individuals applied for the position — Plaintiff and Dr. Eisen. They did so by uploading their applications onto TTU’s PeopleAdmin system, together with their curriculum vitae, and the names and email addresses of three references.3 The search committee scheduled interviews for the two candidates in November 2011.

History Professor Wali Kharif was the chair of the search committee and he prepared a schedule of interviews for the two candidates. In an email, dated November 11, 2011, announcing the interview schedules, Dr. Kharif identified the two candidates in the first paragraph by their full academic titles and names, ie. “Dr. Kurt Eisen” and “Dr. Josephine McQuail.” In the headings over Dr. Eisen’s schedule, Dr. Kharif again identified him by his full title, but, in the heading over Plaintiffs schedule, Dr. Kharif referred to her simply as “Josie McQuail.”4 On the days of their respective interviews,- each candidate met with Associate Provost Sharon Huo, Dean Semmes, the department chairs, the search committee, and the faculty of the College of Arts and Sciences (where each candidate made a presentation).

Following the interviews, the search committee received anonymous evaluation sheets from the approximately ten faculty members who attended each candidate’s presentation. These evaluations requested the responder to list the candidate’s strengths and weaknesses, to state “yes” or “no” as to whether the candidate was acceptable and, if acceptable, to rank the level of acceptability from 5 (“strong”) to 1. (“weak”).

Four faculty members, including one chair, voted Plaintiff “acceptable,” while five faculty members, including two chairs, voted Plaintiff “not acceptable”. In con[706]*706trast, nine faculty members (including all 5 chairs) found Dr. Eisen “acceptable” while two deemed him “not acceptable”. Breaking it down further, the overall level of Plaintiffs acceptability by the faculty members who voted was 2.1, while the overall acceptability of Dr. Eisen was 4.6.5 Among the reasons cited for the preference of Dr. Eisen over Plaintiff was his more than four years’ service as Interim Associate Dean.

The Search Committee recommended that Dr. Eisen be 'appointed Associate Dean. That recommendation was approved by TTU’s Human Resources, the Interim Provost, and the University President.

B. St Gallen, London, Bonnaroo and Beyond

TTU has a fund that provides up to $1,000 during a given 24-month period for tenured faculty development. In November 2010, Plaintiff attended a several day event in St. Gallen, Switzerland. Plaintiff was given (or reimbursed) $2,273.39 by TTU for the trip, including $1,000 from the faculty development fund, to attend.

On November 18, 2010, Plaintiff requested funding to attend the 25th Anniversary of the Blake Society6 scheduled to be held on November 28, 2010, in London, England. In an accompanying memo, Plaintiff indicated that the potential costs and expenses would be $1,663.60, but that she would accept partial funding. Plaintiffs request was denied. Associate Provost Mark A. Stephens wrote Plaintiff, explaining that the “funding request was denied at all levels,” and that his office denied the request “because in order to receive funding through the university faculty development fund your department and college must first provide support for your trip and that was not provided.” (Docket No. 32-2 at 8). That email also indicated that Plaintiff had previously received money for the trip to Switzerland.7 She had also been reimbursed $350 (albeit not from the faculty development fund) for a trip to Montreal, Canada earlier that same year.

In July 2011, TTU’s media webpage displayed a photograph of Mr. Mark Creter, a Professor in the English Department, and Mr. Andrew Smith, an instructor in that department, attending Bonnaroo.8 Discovery of the photographs led to an imbroglio over funding, countless emails between faculty members, and ultimately an inves[707]*707tigation — all over the use of a van, and a few hundred dollars in rental fees.

On June 7, 2011, Dr. Christianson wrote Dean Semmes, Plaintiff, and two others stating that he had just seen the photograph and positing several questions, including whether Mr. Creter’s and Mr. Smith’s attendance at Bonnaroo was sponsored by TTU, whether their activities related to the academic programs and educational mission of TTU, and what amount of funds had they been given to attend Bonnaroo each year. Plaintiff joined in the discussion that same day by sending an email sharing many of the same concerns, questioning the source of the funding, and pointing out that she received no funding to go to the Blake Society event. In the ensuing month, a flurry of emails was exchanged and the recipient list grew exponentially.

Dr. Semmes sent out a widely distributed email setting a July 25, 2011 meeting date to discuss the matter with the English and Communications faculty. Apparently, the air was not cleared at that meeting.

On July 27, 2011, Plaintiff sent an email (also widely distributed) that, in pertinent part, stated:

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69 F. Supp. 3d 701, 2014 U.S. Dist. LEXIS 162398, 2014 WL 6471416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcquail-v-tennessee-technological-university-tnmd-2014.