Roberts v. Columbia College Chicago

821 F.3d 855, 2016 U.S. App. LEXIS 8445, 100 Empl. Prac. Dec. (CCH) 45,548, 129 Fair Empl. Prac. Cas. (BNA) 77, 2016 WL 2641968
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 6, 2016
DocketNo. 15-2079
StatusPublished
Cited by28 cases

This text of 821 F.3d 855 (Roberts v. Columbia College Chicago) 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.

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Roberts v. Columbia College Chicago, 821 F.3d 855, 2016 U.S. App. LEXIS 8445, 100 Empl. Prac. Dec. (CCH) 45,548, 129 Fair Empl. Prac. Cas. (BNA) 77, 2016 WL 2641968 (7th Cir. 2016).

Opinion

BAUER,' Circuit Judge.

Defendant-appellee, Columbia College Chicago (“Columbia”), tenninated plaintiff-appellant, Professor Joseph Roberts (“Roberts”), after it discovered that Roberts plagiarized several chapters in a textbook that he composed in 2Q04. -Roberts filed suit against Columbia and several Columbia faculty members. In his complaint, Roberts pleaded multiple theories of recovery. All defendants moved for summary judgment, which the district court granted. Roberts appealed the grant of summary judgment in regards to his claims for breach of contract and age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seq. For the following reasons, we affirm the district court’s ruling.

I. BACKGROUND

A. The Textbook

Columbia hired Roberts in 1999 as a tenure-track professor in the Arts, Entertainment and Media Management Department (“AEMM Department”). Roberts achieved tenured status in 2003. His tenure rights were secured by a contract entitled “Columbia College Chicago Statement of Policy on Academic Freedom, Faculty Status, Tenure, and Due Process” (the “Statement of Policy”).

In late 2003, Roberts believed there were no good, reasonably priced textbooks on the-.subject of economics as applied to the arts;. So," he began-creating, a new custom textbook - with- the help of his AEMM Department v colleague Clark Greene and several graduate • students in the AEMM Department. This process involved working with a publishing company to compile materials from other textbooks into one new custom textbook. Roberts worked with publisher McGraw-Hill and used materials from three current textbooks: Issues in Economics Today by Robert Guell; Economics is Everywhere by Daniel Hamermesh; and Basic Economic Concepts by Werner Sichel and Peter Eckstein. The-final product, Economics for Arts Entrepreneurs and Managers, consisted primarily of the copied material from the three textbooks.- Roberts and Clarke Greene also, prepared original material, such as the first chapter.

Roberts testified in his deposition that he sent McGraw-Hill photocopies of the three covers of the textbooks, reference sections; and copyright sections. When his textbook was published, however, the cover was titled: Economics for Arts Entrepreneurs and Managers: with selected material from Issues in Economics Today and Economics is Everywhere. The cover also lists the following authors in order: Dr. Joseph S; Roberts, Robert C. Guell, and Daniel S. Hamermesh. The textbook does not reference or cite Basic Economic Concepts by Sichel and Eckstein. Further, the inside cover page states, “Peer review, class testing, and accuracy are primarily the responsibility of the author(s).”

Roberts intended to use Economics for Arts Entrepreneurs and Managers for his 2004 fall semester class. He requested a final proof of the textbook from McGraw-Hill prior to its publication, but never re[858]*858ceived one. Instead,, the first time Roberts saw the completed textbook was when he purchased it at Columbia’s bookstore, after his students for the 2004 fair semester had arrived in class with the textbook already purchased. ’Upon reviéwing it, Roberts noticed several errors; such as orñitting the reference to Basic Economic Concepts by Sichel and Eckstein, as well as the lack of reference pages at the end of each chapter.

Roberts testified, that, after he identified the errors, he made a. phone call to McGraw-Hill to inform the publisher of the problem, but did not send a follow-up letter or email detailing the issues. He also provided his students with a corrected reference page. ' He understood at that time that not citing- the Sichel and Eck-stein textbook-was a ‘‘serious error” and created a “big problem” for'his book. Ultimately, Roberts and several other colleagues decided to never use Economics for Arts Entrepreneurs and Managers again due to the errors and its price. Roberts made no further efforts to ensure McGraw-Hill corrected the omission.

Sometime around either December 2005 or January 2006, Roberts approached graduate student Nissan. Wasfie (‘Was-fie”), and asked for his assistance updating Economics for Arts Entrepreneurs and Managers. Roberts intended to correct the original textbook’s reference errors in the updated version. Wasfie agreed. to help, however, the updated version never came to fruition because a dispute arose over money that Roberts allegedly owed Wasfie. The original publication was never corrected.

Roberts updated his curriculum vitae in 2009 and 2011. Both times he listed Economics for Arts Entrepreneurs and Managers under his list of publications.

B. Roberts’ Age Discrimination Evidence

In 2010, Roberts served on a search committee to name the AEMM Department Chairperson. The committee identified who they believed was the best candidate, but that individual refused the position due to issues regarding the terms of employment. Eliza Nichols, the Dean of the School of Fine and Performing Arts at Columbia (“Nichols”), then called the individual members- of the search committee and asked them to approve Philippe Ravanas (“Ravanas”) as the new chairperson, which each member did. Roberts testified that Ravanas was the committee’s “reluctant second choice;” and that Roberts wished the committee was able to convene ás a-whole prior to making-the decision.

Contention arose between Roberts and Ravanas sometime after Ravanas was appointed the AEMM Department Chairperson. Ravanas commented that Roberts and other older members of the faculty did not fit the “image” that Ravanas desired to create, as he wanted to portray a “young and hip look for the program.” At that time, Roberts was about fifty years old. Ravanas also removed a photograph of Roberts from the online directory because he believéd it did not project the look he wanted for the AEMM Department. In addition, two other tenured professors of the AEMM Department submitted sworn testimony that Ravanas was “hostile” towards older members of the faculty.

Ravanas had other disputes with Roberts as well. On February 23, 2011, Rava-nas sent Roberts an email asking him to explain why Roberts received a $250 per month cellphone allowance from Columbia when no other professor did, why Roberts submitted a request for $950 to cover a membership fee for an organization when that organization’s website listed the fee as [859]*859$125, and why Roberts identified himself as associated with the Coleman Foundation after the AEMM Department had cut ties with the group. On April 12, 2011, Ravanas sent Roberts another email questioning why Roberts was listed on the Coleman Foundation’s website, why the Self Employment in the Arts Conference website listed Roberts as having a PhD in Entrepreneurship when it was. actually, in Education, and why Roberts’ biography on the AEMM Department website indicated he designed entrepreneurship programs for inner-city neighborhoods when he had not provided this information to the Department before. Roberts responded that he would contact the websites .and ask them to correct the information.

C. Plagiarism Investigation

At some point in 2004, before Roberts published Economics for Arts Entrepreneurs and Managers,

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821 F.3d 855, 2016 U.S. App. LEXIS 8445, 100 Empl. Prac. Dec. (CCH) 45,548, 129 Fair Empl. Prac. Cas. (BNA) 77, 2016 WL 2641968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-columbia-college-chicago-ca7-2016.