Smock v. Bd. of Regents of the Univ. of Mich.

353 F. Supp. 3d 651
CourtDistrict Court, E.D. Michigan
DecidedNovember 19, 2018
DocketCase No. 18-10407
StatusPublished
Cited by8 cases

This text of 353 F. Supp. 3d 651 (Smock v. Bd. of Regents of the Univ. of Mich.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smock v. Bd. of Regents of the Univ. of Mich., 353 F. Supp. 3d 651 (E.D. Mich. 2018).

Opinion

Arthur J. Tarnow, Senior United States District Judge

Plaintiff, Professor Pamela Smock, brings this § 1983 Complaint against the Board of Regents of the University of Michigan, Andrew Martin (Dean of the College of Literature, Science and Arts), Martin Philbert (Provost and Executive Vice President for Academic Affairs) and Mark Schlissel (President). Plaintiff alleges that the Defendants violated her First and Fourteenth Amendment rights when they sanctioned her for alleged misconduct in April of 2017. She pleads that the University of Michigan's proceedings against her under its Standard Practice Guide ("SPG") I) deprived her of due process, II) on the basis of an unconstitutionally overbroad and vague policy, III) to retaliate against her exercise of protected speech. She seeks compensatory, exemplary, and injunctive relief.

FACTUAL BACKGROUND

Plaintiff is a tenured Professor of Sociology in the College of Literature, Science, and the Arts ("LSA") at the University of Michigan ("University") in Ann Arbor, Michigan. She, along with graduate students under her supervision, study topics related to family, fertility, gender, demography, and sexuality.

In April 2016, Plaintiff questioned the integrity of one of the student's work. (Compl. ¶ 32). Shortly thereafter, all three students contacted the Chair of the Department of Sociology, as well as UM's Office of Institutional Equity ("OIE"), with information about alleged misconduct by Plaintiff. (Id.). The students claimed that Plaintiff made inappropriate jokes and had conversations of a sexual nature with them. (Id. at ¶¶ 33-35). Plaintiff denies these allegations. (Id. at ¶ 38).

The OIE conducted an eight-month-long investigation of the students' allegations against Plaintiff. At the conclusion of the investigation, in December 2016, the OIE concluded that Plaintiff's conduct, though inappropriate, "was not sufficiently severe, persistent, or pervasive enough to create a sexually hostile environment." (Compl. ¶¶ 46, 47; Defs.' Ex. 1). In February 2017, Defendant Andrew Martin, the Dean and Chief Administrative Official of LSA, told Plaintiff via letter that he found the OIE's investigation report "troubling." (Defs.' Ex. 2). Martin also said that there was "evidence that Plaintiff failed to maintain *655professional boundaries with students." (Compl. at ¶ 52). Martin told Plaintiff that she faced possible sanctions and gave her the opportunity to submit additional documentation for consideration. (Id. at ¶ 54). The extent of her submissions is unclear from the record.

At any rate, on March 31, 2017, the LSA Executive Committee sanctioned Plaintiff for three years. Her salary was to be frozen at its 2016-17 rate; she was denied any opportunity for sabbatical leave or the accumulation of sabbatical equity; she was forbidden to serve as the primary advisor of doctoral students; and she was barred from meeting with students outside of professional settings. (Id. at ¶ 56).

Plaintiff filed a faculty grievance application several weeks later. The Grievance Hearing Board ("GHB") heard Plaintiff's grievance on September 9, 2017. At the hearing, the University argued for the first time that Plaintiff had violated its civility policy, SPG 201.96. (Id. at ¶ 81). The University alleged that she violated the SPG by sharing a student's information; entering her students' hotel room and engaging in behavior that they found frightening; discussing her own sexual activities during research meetings with students; and asking a student and the student's spouse for personal favors. (Id. at ¶ 84). The GHB upheld the sanctions on November 13, 2017, concluding that the evidence in the OIE report indicated an unprofessional pattern of behavior by Plaintiff. (Id. at ¶¶ 91-99). On January 18, 2018, Provost Philbert upheld this decision on appeal. (Id. at ¶ 104).

PROCEDURAL BACKGROUND

Plaintiff filed her first Complaint [Dkt. # 1] on February 2, 2018. On June 21, 2018, the Court gave her partial leave to amend her complaint. Before she did so, however, Plaintiff filed a Motion for Summary Judgment [17] on Count II of the pleadings. That motion is now fully briefed and functions as a cross motion to Defendant's Motion to Dismiss. Plaintiff filed her Amended Complaint on June 22, 2018 [23], and on July 20, 2018, Defendants filed a Motion to Dismiss [25] incorporating their old Motion to Dismiss [6]. That motion is now fully briefed too, and a hearing was held on both motions on October 4, 2018.

LEGAL STANDARD

Defendants move to dismiss the amended complaint for failure to state a claim upon which relief can be granted. Fed. R. Civ. P 12(b)(6). On a motion to dismiss, the Court must "construe the complaint in a light most favorable" to Plaintiff and "accept all of [its] factual allegations as true." Lambert v. Hartman , 517 F.3d 433, 439 (6th Cir. 2008). "Although the factual allegations in a complaint need not be detailed, they 'must do more than create speculation or suspicion of a legally cognizable cause of action; they must show entitlement to relief.' " Id. quoting LULAC v. Bredesen , 500 F.3d 523, 527 (6th Cir. 2007). To survive such a motion, Plaintiff must plead factual content that allows the Court to draw a reasonable inference that the defendant is liable for the misconduct alleged. Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). "[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged-but it has not 'show[n]'-'that the pleader is entitled to relief.' " Iqbal , 556 U.S. at 679, 129 S.Ct. 1937 (quoting Fed. R. Civ. P. 8(a)(2) ).

ANALYSIS

I. Procedural Due Process

Plaintiff alleges that the University's sanctions violated her right to due process. For this claim to be legally cognizable she must plead first that the privileges she was deprived are constitutionally protected, *656and only then that she was denied the process that was due her. See Bd. Of Regents v. Roth ,

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353 F. Supp. 3d 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smock-v-bd-of-regents-of-the-univ-of-mich-mied-2018.