Munker v. Bd. of Supervisors of La. State Univ. Sys.

255 So. 3d 718
CourtLouisiana Court of Appeal
DecidedSeptember 19, 2018
DocketNo. 52,214-CA
StatusPublished

This text of 255 So. 3d 718 (Munker v. Bd. of Supervisors of La. State Univ. Sys.) 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.

Bluebook
Munker v. Bd. of Supervisors of La. State Univ. Sys., 255 So. 3d 718 (La. Ct. App. 2018).

Opinion

WILLIAMS, J.

*720The plaintiff, Dr. Reinhold Munker, appeals a summary judgment dismissing his claims against the defendant, Board of Supervisors of Louisiana State University System. The plaintiff also challenges the district court's denial of his motion for partial summary judgment. For the following reasons, the district court's judgment is reversed in part, affirmed in part and remanded to the district court for further proceedings.

FACTS

The plaintiff, Dr. Reinhold Munker, was a tenured professor of medicine at Louisiana State University Medical Center in Shreveport, Louisiana. He was officially employed by the defendant, Board of Supervisors of Louisiana State University System ("the Board").1 The plaintiff was a professor/researcher in the field of hematology and oncology.

On the morning of August 18, 2015, the department of hematology and oncology held a staff meeting. At the conclusion of the meeting, Dr. Glenn Mills, the director of the Feist-Weiller Cancer Center, and Dr. Gary Burton, an employee in the hematology/oncology department, were having a discussion. Dr. Mills stated that the plaintiff approached them and accused Dr. Burton of not wanting him (the plaintiff) to conduct research. According to Dr. Mills, the plaintiff angrily stated, "Well then, I'll resign and I'll go to Minnesota or Washington where they appreciate me and I can do research. I was brought here to do research." Dr. Mills then angrily responded, "I accept your resignation. I'd like a letter at the end of the day giving me your resignation date."

Shortly thereafter, a series of electronic mail ("email") was exchanged between the plaintiff and Dr. Mills. The emails provided as follows:

TUESDAY AUGUST 18, 2015
Dr. Mills to the plaintiff:
9:29 a.m.
I will accept your letter of resignation today. You may set the effective date but no longer than October 1, 2015.
If you wish to remain a faculty member then I expect you to fully perform your faculty duties including teaching, outpatient clinics, supervision of trainees and research. (Emphasis added).
The plaintiff to Dr. Mills:
9:44 a.m.
As you know, a letter of resignation has to be in writing. I mentioned that serious issues in the department and section have to be fixed. (Emphasis added).
Dr. Mills to the plaintiff:
10:48 a.m.
I was following up on your statement to me and Dr. Burton you wished to resign.
*721If you have changed your mind that is fine. (Emphasis added).
However, I expect full participation as a faculty [member] including teaching the students, residents, fellows, and in your assigned clinics.
These are difficult times and I need faculty who will work collaboratively & want to see the [LSU Feist-Weiller Cancer Center] succeed.
The plaintiff to Dr. Mills:
11:18 a.m.
I do not see efforts made by the LSU leadership to succeed. By German standards, senior faculty should write manuscripts, not dream about moving into the private domain. Will be happy to share my thoughts.
* * *
Other institutions (Seattle, Mayo Clinic) may want [sic] that I send my [curriculum vitae]. You need common sense, stop complaining. If Dr. Marion has initiated my removal from tenure, a lot of people should be asked to leave.
Dr. Mills to the plaintiff:
11:25 a.m.
Stop these emails. You are free to leave, send me your resignation. You will not tell me what to do. Further ranting emails such as these will not be tolerated. (Emphasis added).

Thereafter, Dr. Mills included Dr. Jay Marion, the department chairman, and Dr. Robert Barish, the chancellor, in the email chain. The emails were as follows:

Dr. Marion to Dr. Barish:
11:57 a.m.
Dr. Barish,
Dr. Munker claimed in his response to Dr. Mills that I was initiating his "removal from tenure." I would like to clarify that this is not the situation [.]2 (Emphasis added).
* * *
I spoke with Dr. Mills and with Dr. Eggerstedt regarding what options existed for a tenured faculty who refused to participate in ACGME[3 ] required teaching and student teaching. After our discussions, it was clear that Dr. Mills may have reminded Dr. Munker that tenured faculty still have to be mindful of their responsibilities (I was not present when they talked, but I know what Glenn and I discussed prior to his meeting with Dr. Munker.)
I wanted to clarify that I have not "initiated" his job termination or "removal from tenure" as he suggests. He was only reminded that tenure doesn't relieve an individual of their responsibilities and that tenured faculty can still be terminated for job abandonment. (Emphasis added).
Dr. Mills informed me that Dr. Munker got into an argument with Dr. Burton this morning regarding other LSU related issues. It was apparently at that time Dr. Munker stated that he "wished to resign." (Emphasis added).
I personally support the way this was handled by Dr. Mills. Dr. Munker can play by the rules or he can resign if he wishes . He should not be allowed to disrupt an entire section. (Emphasis added).
* * *
Dr. Mills to Dr. Barish:
3:52 p.m.
*722Sorry that Dr. Munker has involved you in this. Jay is correct, Dr. Munker got into an argument with initially Dr. Burton then me at our research meeting and threatened to resign. I simply took him up on his offer and said he could give me a letter today. Although as you can see below I clearly said that he could remain but he does need to fulfill his faculty obligations. Not sure what he wants to do at this time. Will keep you informed, although he will probably do that as well. (Emphasis added).

Subsequently, on Sunday, August 23, 2015, Dr. Mills sent an email to faculty members, including the plaintiff, regarding registering for a group meeting to be held in October 2015. The plaintiff responded to the email as follows, "So Oct. 1st is our preferred day for me to leave? " Thereafter, the following emails were exchanged:

Dr. Mills to the plaintiff:
2:19 p.m.

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Bluebook (online)
255 So. 3d 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munker-v-bd-of-supervisors-of-la-state-univ-sys-lactapp-2018.