Mitcham v. University of South Florida Board of Trustees

71 F. Supp. 3d 1306, 2014 U.S. Dist. LEXIS 167702, 125 Fair Empl. Prac. Cas. (BNA) 787, 2014 WL 6871978
CourtDistrict Court, M.D. Florida
DecidedDecember 3, 2014
DocketCase No. 8:13-CV-1645-T-17TGW
StatusPublished
Cited by1 cases

This text of 71 F. Supp. 3d 1306 (Mitcham v. University of South Florida Board of Trustees) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitcham v. University of South Florida Board of Trustees, 71 F. Supp. 3d 1306, 2014 U.S. Dist. LEXIS 167702, 125 Fair Empl. Prac. Cas. (BNA) 787, 2014 WL 6871978 (M.D. Fla. 2014).

Opinion

ORDER

ELIZABETH A. KOVACHEVICH, District Judge.

This cause is before the Court on:

[1310]*1310Dkts. 24-26 Defendants motion for summary judgment
Dkt. 27 Plaintiffs response in opposition
Dkt. 30 Defendant’s reply

Plaintiff Michelle Mitcham filed this employment discrimination action against the University of South Florida Board of Trustees, alleging that she was subjected to disparate treatment based on her race and sex, a hostile work environment, and retaliation after engaging in statutorily-protected activity. The Court previously dismissed Plaintiffs claims pursuant to the Florida Civil Rights Act and 42 U.S.C. § 1981, leaving only her claims pursuant to Title VII of the Civil Rights Act of 1964. (Dkt. 10). For the reasons stated below, Defendant’s motion for summary judgment is granted.

I. Standard of Review

Under Rule 56 of the Federal Rules of' Civil Procedure, summary judgment is appropriate if the moving party shows that there is no genuine dispute as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). “An issue of fact is ‘material’ if, under the applicable substantive law, it might affect the outcome of the ease. An issue of fact is ‘genuine’ if the record taken as a whole could lead a rational trier of fact to find for the nonmov-ing party.” Harrison v. Culliver, 746 F.3d 1288, 1298 (11th Cir.2014) (internal quotation marks omitted).

The moving party bears the initial responsibility to demonstrate the absence of a genuine dispute of material fact, and the Court must view all evidence and reasonable inferences in the light most favorable to the nonmoving party. Miller’s Ale House, Inc. v. Boynton Carolina Ale House, LLC, 702 F.3d 1312, 1316 (11th Cir.2012). “Once the movant adequately supports its motion, the burden shifts to the nonmoving party to show that specific facts exist that raise a genuine issue for trial.” Dietz v. Smithkline Beecham Corp., 598 F.3d 812, 815 (11th Cir.2010). The nonmoving party may not rely on evidence that is “merely colorable, or is not significantly probative of a disputed fact.” Josendis v. Wall to Wall Residence Repairs, Inc., 662 F.3d 1292, 1315 (11th Cir.2011) (internal quotation marks omitted).

II. Factual Background

Plaintiff, an African-American female, claims disparate treatment and retaliation based on Defendant’s decision to deny her application for tenure and promotion. Plaintiff also alleges that her coworkers created a hostile work environment. The relevant facts follow.

A. Tenure and promotion decision

Plaintiff began working at the University of South Florida (“USF”) in the fall of 2005 as an Assistant Professor in the College of Education, Department of Psychological and Social Foundations. (Dkt. 25-1, pp. 145, 171; Dkt. 5, par. 4). The rank of Assistant Professor is “tenure-earning,” and each Assistant Professor has six years to demonstrate skills in teaching, research, and service. (Dkt. 25-4, Wilcox Aff., par. 7). At the end of the probationary period, the professor will complete a lengthy application for tenure and promotion to the rank of Associate Professor, (id., par. 8). As part of the application, three to six “external evaluators” review the application package and supply a short narrative with conclusions and recommendations. (Id., par. 10). The application is then evaluated by: (1) faculty members within the applicant’s Department; (2) the Department Chair; (3) faculty members .within the applicant’s College; (4) the Dean of the College; (5) the Provost; and (6) the [1311]*1311President of USF. If the President does not take action on the Provost’s recommendation to deny tenure within a certain period, the Provost’s recommendation becomes binding. (Id., par. 11). Tenure applicants do not compete for promotion, and the expectation is that all tenure-track professors will achieve tenure. (Id., pars. 12-13).

In September 2010, Plaintiff submitted her application for tenure and promotion. (Dkt. 25-2, p. 13). Plaintiff selected four external reviewers to review her application, and written evaluations from those reviewers were included in her application. (Dkt. 25-1, pp. 273-74;- Dkt. 25-3, pp. 9-21). One of the reviewers, Dr. Courtland Lee from the University of Maryland, concluded that Plaintiff presented “at best, a marginal case for promotion and tenure,” that she had “a somewhat confusing record of research and scholarship,” and that she fell “somewhere in the middle of the pack of individuals of her scholarly generation.” (Dkt. 25-3, pp. 20-21). A second reviewer, Dr. Cheryl Holcomb-McCoy of Johns Hopkins University, rated Plaintiffs scholarship, service; and professional standing as “adequate,” concluding that Plaintiff made “moderate growth” in her research and scholarship. (Dkt. 25-3, pp. 18-19).

Plaintiffs application for tenure and promotion also included student evaluation ratings. (Dkt. 25-2, pp. 38-48). Between the fall of 2005 and summer of 2010, Plaintiff received lower student evaluation ratings than the average ratings for faculty in her Department and College. (Dkt. 25-2, pp. 44-48).

On October 21, 2010, the Department Faculty Committee for the Department of Psychological and Social Foundations voted to recommend that Plaintiff be denied tenure and promotion. The Committee report noted concerns about Plaintiffs external reviews' and student evaluations. (Dkt. 25-4, Tan Aff., pars. 6-7 & Tab 1). On October 24, 2010, the Department Chair of the Department of Psychological and Social Foundations, Dr. Herb Exum, recommended that Plaintiff be denied tenure and promotion, based on his own review of her application package. (Dkt. 25-4, Exum Aff., pars. 8-9 & Tab 1). On November 9, 2010, the College Faculty Committee of the College of Education voted unanimously to recommend that Plaintiff be denied tenure and promotion, noting the existence of negative student evaluations and a less-than-adequate level of-research productivity. The recommendation was based on an independent review of Plaintiffs application package. (Dkt. 25-4, Dorn Dec., pars. 8-9 & Tab 1). On December 10, 2010, the Dean of the College of Education, Dr. Colleen Kennedy, recommended that Plaintiff be denied tenure and promotion, based on her own evaluation of Plaintiffs application package. Dr. Kennedy’s recommendation was based on the fact that Plaintiffs teaching had not improved systematically, the fact that Plaintiff did not have a sufficient body of research in top-tier journals, and Plaintiffs poor external evaluations. (Dkt. 25-4, Kennedy Dec. pars. 11-13).

On December 16, 2010, Plaintiff filed a complaint with USF’s Diversity and Equal Opportunity (DEO) office, alleging discrimination based on race, color, and sex. (Dkt. 25-2, pp. 1-9). On January 18, 2011, Dr. Ralph Wilcox, the Provost and Executive Vice President of USF, made the final recommendation to deny Plaintiff tenure and promotion, based on an independent evaluation of Plaintiffs application package. (Dkt. 25-4, Wilcox Aff., pars. 17-19).

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71 F. Supp. 3d 1306, 2014 U.S. Dist. LEXIS 167702, 125 Fair Empl. Prac. Cas. (BNA) 787, 2014 WL 6871978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitcham-v-university-of-south-florida-board-of-trustees-flmd-2014.