Nichols v. Southern Illinois University-Edwardsville

510 F.3d 772, 2007 U.S. App. LEXIS 29865, 102 Fair Empl. Prac. Cas. (BNA) 519, 2007 WL 4553649
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 28, 2007
Docket06-2688
StatusPublished
Cited by260 cases

This text of 510 F.3d 772 (Nichols v. Southern Illinois University-Edwardsville) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nichols v. Southern Illinois University-Edwardsville, 510 F.3d 772, 2007 U.S. App. LEXIS 29865, 102 Fair Empl. Prac. Cas. (BNA) 519, 2007 WL 4553649 (7th Cir. 2007).

Opinion

MANION, Circuit Judge.

Derrick Nichols, Babatunde Owoseni, Daniel Smith, and Aaron Watson, current and former officers of the Southern Illinois University Police Department, sued Southern Illinois University (the “University”) alleging that it discriminated against them because of their race by disproportionally assigning them to work at its East St. Louis campus. Owoseni, Smith, and Nichols also alleged that the University denied them temporary upgrades to sergeant because of their race and retaliated against them for making complaints of racial discrimination. The University moved for summary judgment on all of the plaintiffs’ claims, and the district court granted the University’s motion. The plaintiffs appeal. We affirm.

*776 I.

Derrick Nichols, Babatunde Owoseni, Daniel Smith, and Aaron Watson (collectively the “plaintiffs”) are current and former officers of the University’s police department (the “Department”). Nichols and Watson currently are employed by the University, while the State Universities Civil Service Merit Board (the “Merit Board”) terminated Owoseni’s and Smith’s employment in September 2003. Each of the plaintiffs is black.

The University is a multi-campus public university with facilities in East St. Louis, Alton, and Edwardsville, Illinois. The Department is responsible for patrolling the University’s East St. Louis and Edwards-ville campuses. The smaller East St. Louis campus is located in a predominantly black residential area, while the larger Edwardsville campus is located in a predominantly white residential area. Because the East St. Louis campus is smaller, officers’ duties at that campus tend to be less strenuous. According to the Department’s policy, officers must be willing to work at either campus, and officers are stationed at a campus for a semester-long assignment. Regardless of an officer’s campus assignment, all officers received the same pay, benefits, and opportunities for advancement.

The Department’s command staff makes assignments to the two campuses with input from its sergeants, lieutenants, captains, and chief. First, the lieutenant in charge of the patrol division prepares the schedules. The captain supervising the division then must approve the schedules. The Department’s chief is responsible for giving the final approval to the assignments.

Officers may request assignment to a particular campus, and all but one of the plaintiffs directly or indirectly requested assignments to the East St. Louis campus. 1 For example, from August 2002 through May 2003, Watson requested an assignment to the East St. Louis campus so that he could be closer to another college where he was finishing a degree. When there was a temporary manpower shortage, Watson agreed to work at the East St. Louis campus on July 16 and July 17, 2003, and on August 27, 2003, he authored a memorandum to his sergeant stating that he did not have a preference regarding his campus assignment. In late 2001, Smith also requested assignment to the East St. Louis campus from December 2001 through December 2002, and he was assigned to that campus from August through December 2002. Further, Owose-ni requested to work with a sergeant who was primarily assigned to the East St. Louis campus. In addition to the plaintiffs, a number of white officers requested assignment to the East St. Louis campus and were assigned to that campus. The plaintiffs nonetheless allege that the Department disproportionally assigned them to the East St. Louis campus based on their race.

The plaintiffs also make allegations regarding the Department’s promotion and upgrade practices. The University’s collective bargaining act (“CBA”) distinguishes between promotions and temporary upgrades. Promotions are permanent appointments to a higher position (e.g., officer to sergeant), which are governed by the State Universities Civil Service Act (“Civil Service Act”), 110 ILCS 70/0.01 et seq., and the CBA. Officers may only be promoted to sergeant if they pass qualifying examinations administered pursuant to the Civil Service Act and the CBA and are placed on a “register.” None of the plaintiffs had passed all portions of the qualifying *777 exam, and thus they were ineligible to be placed on the “register” for promotions. On the other hand, upgrades are not permanent and function to fill vacancies on an as-needed basis. Upgrades may last for one shift, or, under unusual circumstances, they may last as long as several months. Unlike promotions, the Department’s management team determines which officers receive upgrades. All officers are eligible to receive upgrades, and at least Owoseni and Smith periodically received them.

In late 2002, two sergeant positions opened when one sergeant left the Department and another was called to active military duty. At that time, there were no sergeant candidates on the promotion register, i.e., none had passed both the written and oral examinations. 2 The Department thus looked for candidates for temporary upgrades. In October 2002, the Department upgraded Rich Delmore, who is white, to temporarily fill a sergeant vacancy at the Edwardsville campus. The Department’s management team stated its belief that Delmore was the most qualified individual for the job due to his prior performance as an officer. During a Department meeting at which the upgrade decision was considered, the attendees lauded Delmore’s method of report writing, his ability to interview, his punctuality, and his ability to represent the University. One month later, in November 2002, the Department temporarily upgraded Jim Royston, who also is white, to temporarily fill a sergeant vacancy at the East St. Louis campus. Prior to upgrading Royston, the Department held a meeting regarding potential candidates, and the attendees discussed Royston’s communication skills, ability to supervise, decision-making and problem-solving skills, and his relationships with other members of the Department and the University, in particular those within the East St. Louis community. Captain Tony Bennett also testified that the management team believed that Delmore and Royston were the most qualified individuals for the job based on the skill they demonstrated as police officers, and that the decision was not based on race. Nichols, Owoseni, and Smith, all of whom were eligible for the upgrade but were not selected for it, responded by claiming that the University denied them the temporary upgrades to sergeant because of their race.

Later that month, on November 26, 2002, Owoseni, Smith, and Nichols met with Chief Richard Harrison and Captain John Oltmann to discuss their complaints regarding the Department’s alleged discriminatory employment practices. During the meeting, Owoseni spoke on behalf of Smith, Nichols, and himself, and he made a number of unsubstantiated allegations against Chief Harrison and against the Department’s command staff. 3 A few weeks later, in mid-December 2002, Smith, Owoseni, and Nichols each wrote letters to the University’s president, repeating the allegations that Owoseni made during the November 26, 2002, meeting, as well as adding other allegations.

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Bluebook (online)
510 F.3d 772, 2007 U.S. App. LEXIS 29865, 102 Fair Empl. Prac. Cas. (BNA) 519, 2007 WL 4553649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-southern-illinois-university-edwardsville-ca7-2007.