Silk v. Board of Trustees, Moraine Valley Community College, District No. 524

795 F.3d 698, 31 Am. Disabilities Cas. (BNA) 1548, 2015 U.S. App. LEXIS 13282, 2015 WL 4571171
Court of Appeals for the Seventh Circuit·Decided July 30, 2015·No. 14-2405·Published·Cited by 64 cases

Opinion

KANNE, Circuit Judge.

William H.. Silk was an adjunct professor at Moraine Valley Community College. Silk underwent heart surgery in April of 2010. During the following semesters, Silk’s teaching course load was reduced, and his employment was ultimately terminated. Silk filed suit against the College alleging violations of the Americans with Disabilities Act (“ADA”) and the Age Discrimination in Employment Act (“ADEA”). The district court granted summary judgment for the College on all claims. For the reasons below, we affirm in part and reverse in part.

I. Background

A. Factual History

Silk began working in 1986 at Moraine Valley Community College in Illinois as an adjunct professor. Adjunct professors are part-time, non-tenure track, at-will employees. They are represented by the Cook County Teachers Union and covered by a collective bargaining agreement. Silk’s typical teaching load included four courses during the fall and spring semesters and two or three classes during the summer.

Walter Fronczek was the dean of the Department of Liberal Arts during the relevant period. The dean had ultimate supervisory authority over the faculty in the Department of Liberal Arts. Fronczek was on medical leave for much of the spring 2010 semester. Lisa Kelsay, who was the assistant dean of the Department of Liberal Arts, served as the acting dean during that time. Aileen Donnersberger *702 was a full-time faculty member and the chair of the Social Sciences Department (a branch of Liberal Arts) through the spring of 2010. Ricky Cobb temporarily replaced Donnersberger as chair in the fall of 2010, when she took sabbatical leave.

Donnersberger testified that, as department chair, she was responsible for organizing the course assignments for adjunct professors. Typically, mid-way (or so) through the semester, she would send a form asking the adjuncts to state which courses they would be interested in teaching during the following semester. She would collect their responses and develop a tentative schedule.

Donnersberger did > not have final approval over the proposed staffing — she would send her suggestions to the dean of Liberal Arts. Kelsay testified that the dean would typically defer to the department chair’s recommendations. After the dean’s approval, the schedule would remain open to any changes (necessitated by staffing issues or student enrollment) until shortly before the start of the semester. Donnersberger testified that the typical protocol of the College was to finalize written contracts with the adjuncts one or two weeks prior to the start of the semester.

In March 2010, Donnersberger sent Silk an offer to teach two sociology courses during the upcoming summer term, which Silk accepted. Beginning on April 19, 2010, however, Silk took a medical leave of absence to undergo heart surgery. He needed a triple bypass. This surgery was completed on April 21, and Silk was discharged from the hospital on April 26. Silk was on medical leave through the remainder of the spring semester, and the record evidence suggests that Silk did not inform the College of any anticipated return date.

Because the remainder of Silk’s spring 2010 courses would need to be covered by other faculty during his absence, Fronczek and Donnersberger visited those classes to inform students of the change and to collect information for the incoming instructors. During those visits, they discovered several issues that they considered troubling. The students in at least one class expressed concerns that they had been given only one graded assignment (a quiz) during the semester. In addition, the classes suffered from low student attendance. Moreover, Fronczek and Donners-berger became aware of problems with the syllabi for the courses: Fronczek characterized the syllabi as “inadequate,” and Donnersberger noted that in at least one class, the textbook referenced in the syllabus was not the book actually being used in the course.

By late April, Silk had not yet returned from leave and had not notified the College of a possible return date. Donnersberger testified that she became concerned about coverage for Silk’s assigned summer school courses, because the summer session typically began in mid-May. Don-nersberger testified that “by the time of April, I had to then — when he was not back yet, I had to find someone to cover his summer classes because it was already the end of April, and we were starting in two weeks for the summer ... I then looked for someone else to teach those classes that were scheduled.” Kelsay likewise testified that she, Donnersberger, or both determined that Silk should not be assigned summer classes, since they did not know when he would return. His courses were reassigned to other instructors.

In early May, Silk attempted to contact Donnersberger regarding his summer assignments, but he mistakenly sent the email to another College employee with the same last name. On May 5, 2010, Kelsay instructed Silk that before returning for work, he needed to provide the *703 College with a doctor’s medical release. She also testified that she informed Silk that his summer classes had been reassigned to another instructor because the College did not know how long his medical leave would last.

Silk received his medical release on May 10, and he provided it to the College on May 12. Silk testified that he wanted to maintain his summer school course assignment, although the record is unclear as to whether (and if so, when) Silk communicated that desire to the College. Don-nersberger testified that by the time she received Silk’s medical release, she had already reassigned the summer school courses. Fronczek testified that he had nothing to do with the decision to reassign the summer courses, as he was on medical leave. On May 17, Silk sent Donnersber-ger an email stating that he was ready to resume teaching and would be able to take on a full course schedule for the fall 2010 semester.

Fronczek, after returning from his medical leave, scheduled a July 15 meeting with Silk to discuss the issues that Donnersber-ger and Fronczek had discovered with Silk’s syllabi. Silk, Fronczek, Donnersber-ger, and Cobb participated in the meeting, and Silk’s union steward Donald Stewart attended to observe. Fronczek informed Silk that his syllabi contained inaccurate course objectives, no contact information, and no group exercises; in short, none of the elements that Fronczek considered the makings of “a solid class.” In addition, Fronczek noted that Silk was not using the correct textbook. Fronczek testified that he perceived Silk to be argumentative and uncooperative during this meeting.

Fronczek testified that he decided on July 15 that Silk should be assigned no more than two courses for the fall 2010 semester, because Fronczek was concerned about Silk’s teaching performance. Silk, however, had a different understanding of why Fronczek wanted to assign him fewer courses than normal. Silk testified that at the July 15 meeting, Donnersber-ger stated that “we” assigned Silk only two classes in the fall because “we didn’t think [he was] physically capable of handling them.” Donnersberger testified that there was no discussion of Silk’s course assignments at that meeting.

Silk was assigned two courses for the fall 2010 semester.

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

Silk v. Board of Trustees, Moraine Valley Community College, District No. 524, 795 F.3d 698, 31 Am. Disabilities Cas. (BNA) 1548, 2015 U.S. App. LEXIS 13282, 2015 WL 4571171 (7th Cir. 2015).

795 F.3d 698 (Silk v. Board of Trustees, Moraine Valley Community College, District No. 524) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related