Nwaubani v. Grossman

199 F. Supp. 3d 367, 2016 U.S. Dist. LEXIS 97397, 2016 WL 4005614
CourtDistrict Court, D. Massachusetts
DecidedJuly 26, 2016
DocketCIVIL ACTION NO. 13-12552-WGY
StatusPublished
Cited by5 cases

This text of 199 F. Supp. 3d 367 (Nwaubani v. Grossman) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nwaubani v. Grossman, 199 F. Supp. 3d 367, 2016 U.S. Dist. LEXIS 97397, 2016 WL 4005614 (D. Mass. 2016).

Opinion

FINDINGS OF FACT, RULINGS OF LAW, AND ORDER FOR JUDGMENT

YOUNG, District Judge.

1. INTRODUCTION

At bottom, this is a dispute between a tenured professor and a university over the professor’s teaching responsibilities. While plaintiff Chidiebere Nwaubani (“Nwaubani”) might have a genuine grievance with his former employer, he does not have a meritorious federal civil rights claim. Nwaubani was hired by the University of Massachusetts Dartmouth (the “University”) in 2005 as (1) a tenured professor in the University’s History Department and (2) the Director of its African and African-American Studies Program (“AAAS” or the “Program”). Ex. 4, UM000133. On September 1, 2011, the Board of Trustees of the University, along with Divina Grossman (“Grossman”), Chancellor of the University, notified Nwaubani that he was being removed from his position as the Director of AAAS. Ex. 50, UM007067-UM007068.

Nwaubani filed a complaint against Grossman and others1 (collectively, the “Defendants”) on October 11, 2013, Compl., ECF No. 1, followed by an amended complaint2 against the same Defen[370]*370dants on January 29, 2014, seeking injunc-tive and monetary relief, Second Am. Compl., ECF No. 23. On June 24, 2014, Nwaubani was notified that his University employment had been terminated. Concise Statement Material Facts Supp. Univ. Defs.’ Mot. Summ. J, (“Statement”) ¶ 61, ECF No. 92; Pl.’s Resp. Defs.’ Statement Undisputed Material Facts Supp. Mot. Summ. J. (“Resp.”) ¶ 61, ECF No. 96.

At a motion hearing held on November 13, 2015, the Court dismissed all of Nwau-bani’s claims except for Count 1 and Counts 33-39. Elec. Clerk’s Notes, ECF No. 112. The remaining claims are a procedural due process claim, brought under 42 U.S.C. § 1983, contesting Nwaubani’s termination, and seven First Amendment retaliation claims based on the Defendants’ response to Nwaubani’s complaints about workplace discrimination allegedly due to his race and national origin. Second Am. Compl. ¶¶ 228-229, 313-329.

At the final pre-trial conference on December 17, 2015, counsel agreed to address these remaining claims on a case-stated record. Elec. Clerk’s Notes, ECF No. 121.3 Following the case-stated hearing, which was held on January 28, 2016, see Elec. Clerk’s Notes, ECF No. 126, and upon a full review of the entire record, the Court makes the following findings of fact and rulings of law.

II. FINDINGS OF FACT

The Court first discusses Nwaubani’s positions within the University, before delving into his pre-2011 track record of performance. It then describes his being removed from his position as Director of AAAS and the suspension of his teaching duties, before detailing the complaint he filed before the Massachusetts Commission Against Discrimination (“MCAD”), and his subsequent administrative leave and termination.

A. Nwaubani’s Positions and Obligations

Nwaubani was hired as a tenured professor in the University’s History Department in 2005. Ex. 4, UM000133; Statement ¶ 1; Resp. 2-3. Nwaubani was also hired as Director of AAAS. Ex. 4, UM000133; Statement ¶ 1; Resp. ¶ 1. The offer letter Nwaubani received and signed states:

It is my pleasure to offer you appointment to the faculty of the University of Massachusetts Dartmouth [as] a tenured Associate Professor in the Department of History, College of Arts & Sciences, and Director of the African and African American studies program.

Ex. 4, UM000133 (emphasis added). The letter also specified that Nwaubani was to carry out

duties of a full-time member of the faculty as agreed upon by the chairperson of your department, the dean of your college, the provisions in the attached Terms of Employment, the attached Evaluation Standards for Tenure and Promotion, and the Provisions of the Faculty Federation Agreement. These duties include teaching, advising graduate and undergraduate students ... and serving the university and the community.

Id. at UM000133-UM000134; Statement ¶ 3. Nwaubani argues that, while the offer letter gives the impression that his primary responsibility was with the History Department, in fact, according to him, he [371]*371was mainly hired as Director of AAAS. Resp. ¶¶ 1, 3. The Defendants counter that it is clear throughout Nwaubani’s hiring documents that he was hired both as an Associate Professor in the History Department and as Director of the AAAS.4 Statement ¶ 6. This disagreement is the main source of the ensuing conflict between Nwaubani and the University, with the former prioritizing his role in the AAAS Program over his participation in the History Department, and the latter requesting that Nwaubani commit to all his obligations as an Associate Professor in the History Department.

B. Nwaubani’s Employment with the University Prior to 2011

Not long after he was hired, the relationship between Nwaubani and the University began to sour. In late 2007 to early 2008, back-and-forth communication between Nwaubani and the History Department Chair evinced disagreement about Nwaubani’s 2006-2007 faculty evaluation covering his roles as Director of AAAS and Associate Professor in the History Department. Exs. 11-13. In a subsequent letter to the History Department Chair, Nwaubani argued that the University did not fully appreciate his work as Director of AAAS developing a program still in its infancy, and that his obligations to AAAS, in addition to other scholarly duties, prevented him from participating in “every and all History Department activities.” Ex. 13, UM002453-UM002454.

The next year’s annual faculty evaluation was also critical of Nwaubani’s performance in the History Department, in particular as a result of student dissatisfaction with Nwaubani’s teaching, ascribing him a rating of “not recommended[.]” Ex. 39, UM002538. The evaluation, however, recognized that Nwaubani had increased student enrollment in the AAAS courses and “galvanized student interest” in the Program. Id. at UM002539. In response to the unfavorable evaluation, on May 27, 2008 Nwaubani sent an email to multiple recipients titled “History Department Faculty Evaluation: I HAVE WITHDRAWN” in which he requested not to be evaluated anymore and accused the History Department of “lynching.” Ex. 24, UM002531.

In late 2008, Nwaubani complained to the University’s Office of Equal Opportunity, Diversity, and Outreach about his faculty evaluation and the evaluation process and later submitted a formal complaint against the University with the Equal Employment Opportunity Commission (“EEOC”) on May 21, 2009, alleging discrimination on the basis of race in the rating given in his faculty evaluation. Exs. 29-36; Mem. Supp. Mot. Dismiss Second Am. Compl. (“Def.’s Mem. Dismiss”), Ex. 3, Ex. E-3, EEOC Charge Discrimination, ECF No. 34-3. In its August 7, 2009 response to the allegations (which it denied), the University asserted that the position of Director of AAAS is “not a permanent or tenured position.” Def.’s Mem. Dismiss, Ex. 3, Ex. E-4, University Massachusetts, Darmouth’s Resp.

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Bluebook (online)
199 F. Supp. 3d 367, 2016 U.S. Dist. LEXIS 97397, 2016 WL 4005614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nwaubani-v-grossman-mad-2016.