Roberts v. Columbia College Chicago

102 F. Supp. 3d 994, 2015 U.S. Dist. LEXIS 52002, 2015 WL 1841437
CourtDistrict Court, N.D. Illinois
DecidedApril 21, 2015
DocketNo. 12 C 828
StatusPublished

This text of 102 F. Supp. 3d 994 (Roberts v. Columbia College Chicago) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Columbia College Chicago, 102 F. Supp. 3d 994, 2015 U.S. Dist. LEXIS 52002, 2015 WL 1841437 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

HON. JORGE L. ALONSO, United States District Judge

Plaintiff Joseph S. Roberts sues defendants Columbia College Chicago (“Columbia”), Eliza Nichols, and Philippe Ravanas for breach of contract, retaliatory discharge, defamation and discrimination under Title VII, 42 U.S.C. § 2000e et seq.; 42 U.S.C. § 1981; the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq.-, and the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. This case is before the Court on defendants’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. For the following reasons, the Court grants the motion.

BACKGROUND

Joseph Roberts, a 56-year-old naturalized United States citizen originally from India (Pl.’s LR 56.1(b)(3)(B) Resp. ¶1), worked as a tenure-track and, later, tenured professor at Columbia from 1999 to 2011 (Defs.’ LR 56.1(a)(3) Stmt., Ex. C, Roberts Dep. at 12-13). His termination in 2011 is the basis for this lawsuit.

[997]*997Professor Roberts taught in the Arts, Entertainment and Media Management (“AEMM”) Department at Columbia. (Id. at 15-17.) His main area of scholarly interest and expertise is entrepreneurship (id. at 110-11), and, after a few years at Columbia, he sought materials that might be useful in teaching economics .to arts students (id. at 19). Roberts found that there existed no single textbook that was suitable for an economics course for arts students, and he wanted to spare his students the expense of purchasing multiple books, of which they would only use a portion, for a single-semester course. (Id. at 19-21.)

To remedy this problem, Roberts approached the McGraw-Hill Companies, Inc. (“McGraw-Hill”) about publishing a “custom” textbook that would include and adapt chapters from several previously-published economics textbooks. ' (Id. at 21-23.) The three main source books were Issues in Economics Today by Robert C. Guell, Economics Is Everywhere by Daniel S. Hamermesh, and Basic Economic Concepts by Werner Sichel and Peter Eckstein. The first two books were recent publications of McGraw-Hill; the third was a 1974 book published by Rand McNally College Publishing Company. Roberts wrote an introductory first chapter, but the rest of his book, which he called Economics for Arts Entrepreneurs and Managers, was made up of chapters taken from the previously-published textbooks. (Id. at 29-31; id., Ex. 1,-at 1-2.)

Roberts hoped that the book could be finished in time to be used in his Fall 2004 courses, but he was- still waiting for the publisher to send him the final proof of the book when the semester began. At the first class meeting of his economics course, he found that his students had already purchased the book from the college bookstore, although the publisher had never sept him a final proof or even an author’s courtesy copy. (Id., Ex. C, Roberts Dep. at 47-48.) Roberts purchased a copy for himself, and he found that the book contained numerous errors and omissions, including the omission of references, citations and - a glossary he had expected McGraw-Hill to include. (Id. at 23, 52-53.) Roberts called to “let McGraw-Hill know” that the references were missing, but he “didn’t try to correct it or anything” because he had decided, • in ■ consultation with other faculty members," that they “were never going to use it again,” (id. at 54, 57), because the book was a “total disaster” (id. at 61). In subsequent years, Roberts made efforts to revise the book with another instructor and publish it with an internal Columbia publishing service, but he abandoned the project before any revised book was completed. (Id. at 70-79.)

In 2007, Roberts led a search committee charged with finding a new dean for the School of Fine and Performing Arts, the school in which the" AEMM department was housed. (Id., Éx. A, Nichols Dep. Ex. 3.)" When the search ended unsuccessfully because the two candidates the committee recommended were unable to .come to terms with Columbia (Id., Ex. C, Roberts Dep. at 83), Provost Steve Kapelke offered the position to Eliza Nichols, whom Columbia administrators had met at a recent conference, for a limitéd, renewable term of three" years. (Id., Ex. A, Nichols Dep. at 15-16; id., Ex. 4.) Roberts publicly questioned whether it was appropriate to select a dean without formally “reopening] the search” (id., Ex. C, Roberts Dep. at 97), but Nichols was hired despite Roberts’s objections. After Nichols’s first term ended in 2010, she accepted an offer of a second three-year term. (Id., Ex. A, Nichols Dep. at 8-9.)

In 2010, Roberts served on another search committee, this time for a chairper[998]*998son of the AEMM department. (Id., Ex. C, Robert's Dep. at 132.) At least initially, the search failed ágáin, with the search committee’s chosen candidate ultimately turning down the position. (Id., Ex. B, Ravanas Dep. at 23.) Roberts claims that, rather than allowing the committee to meet again and'recommend someone else based on fresh deliberations* Eliza Nichols forced the committee members to give her their second choice in a matter of minutes. (Id., Ex. C, Roberts Dep. at 132.) Under pressure, the committee recommended Philippe Ravanas ás a “reluctant second choice.” (Id. at 133.) Roberts “expressed concern” .about the way Columbia handled the matter after the initial candidate withdrew, just as he had done when Columbia hired Nichols. (Id. at 132.)

Almost from the beginning of Ravanas’s tenure as AEMM chair, there was friction between Roberts and Ravanas. Ravanas gave Roberts poor performance reviews (id., Ex. B, Ravanas Dep. at 15-16), confronted Roberts about what Ravanas perceived to be his various professional faults and errors (Pl.’s Exs. Opp’n Summ. J., P-2, Roberts Decl. ¶¶ 70-74), and even seemed to solicit information that was critical of Roberts or damaging to him (Defs.’ LR 56.1(a)(3) Stmt., Ex. C, Roberts Dep. at 180; id., Ex. B, Ravanas Dép. Ex. 22, 24).

Ravanas allegedly made numerous comments to the effect that Roberts and some of the other older, tenured faculty members did not embody the “image” that he wanted the AEMM department at Columbia to have. (PL’s LR 56.1(b)(3)(C) Stmt. ¶7.) Roberts claims that Ravanas told him, “we are trying to create a young and hip look for the program and you and some of our colleagues do not fit that bill.” (Id.) He removed a photo of Roberts from the online directory because he did not “project the look” that Ravanas wanted for his department. (Id.) Roberts also .heard Ravanas make disparaging comments about “Asians and Asian immigrants.” (Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Burnell v. Gates Rubber Co.
647 F.3d 704 (Seventh Circuit, 2011)
Diaz v. Kraft Foods Global, Inc.
653 F.3d 582 (Seventh Circuit, 2011)
Overly v. Keybank National Ass'n
662 F.3d 856 (Seventh Circuit, 2011)
Ray Forrester v. Rauland-Borg Corporation
453 F.3d 416 (Seventh Circuit, 2006)
Naficy v. Illinois Dep't of Human Services
697 F.3d 504 (Seventh Circuit, 2012)
Veal v. Kerr-McGee Coal Corp.
682 F. Supp. 957 (S.D. Illinois, 1988)
Davis v. Times Mirror Magazines, Inc.
697 N.E.2d 380 (Appellate Court of Illinois, 1998)
Wynne v. Loyola University of Chicago
741 N.E.2d 669 (Appellate Court of Illinois, 2000)
Moriarty v. Greene
732 N.E.2d 730 (Appellate Court of Illinois, 2000)
Beaird v. MILLER'S MUTUAL INSURANCE ASSOC.
479 N.E.2d 374 (Appellate Court of Illinois, 1985)
Hopewell v. Vitullo
701 N.E.2d 99 (Appellate Court of Illinois, 1998)
Jacobson v. Knepper & Moga, P.C.
706 N.E.2d 491 (Illinois Supreme Court, 1998)
Hartlein v. Illinois Power Co.
601 N.E.2d 720 (Illinois Supreme Court, 1992)
Brennan v. Kadner
814 N.E.2d 951 (Appellate Court of Illinois, 2004)
Beasley v. St. Mary's Hospital
558 N.E.2d 677 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
102 F. Supp. 3d 994, 2015 U.S. Dist. LEXIS 52002, 2015 WL 1841437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-columbia-college-chicago-ilnd-2015.