Stanton v. Tulane University of Louisiana

777 So. 2d 1242, 2001 WL 111637
CourtLouisiana Court of Appeal
DecidedJanuary 10, 2001
Docket2000-CA-0403
StatusPublished
Cited by18 cases

This text of 777 So. 2d 1242 (Stanton v. Tulane University of Louisiana) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stanton v. Tulane University of Louisiana, 777 So. 2d 1242, 2001 WL 111637 (La. Ct. App. 2001).

Opinion

777 So.2d 1242 (2001)

Michael STANTON
v.
TULANE UNIVERSITY OF LOUISIANA, The Administrators of the Tulane Educational Fund and Donna V. Robertson, Dean, School of Architecture.

No. 2000-CA-0403.

Court of Appeal of Louisiana, Fourth Circuit.

January 10, 2001.
Writ Denied April 12, 2001.

*1243 Rebecca M. Goforth, Barbara G. Haynie, House, Kingsmill & Riess, L.L.C., New *1244 Orleans, LA, Counsel for Plaintiff/Appellant.

G. Phillip Shuler, III, Richard B. Ramirez, Julie D. Livaudais, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P., New Orleans, LA, Counsel for Defendant/Appellee.

Court composed of WALTZER, McKAY and KIRBY, Judges.

WALTZER, Judge.

STATEMENT OF THE CASE

On 16 May 1995, plaintiff, Michael Stanton, sued Tulane University, The Administrators of the Tulane Educational Fund (Tulane) and Donna V. Robertson, Dean of the Tulane School of Architecture, for breach of and tortious interference with an alleged employment contract between Tulane and Stanton, seeking damages for emotional distress, actual damages and general damages including loss of reputation and inconvenience.

Tulane and Dean Robertson answered, alleging among affirmative defenses that Stanton was an at-will employee who was terminated for cause, that no contract existed between defendants and Stanton, and that all statements made by Tulane representatives were true, made in good faith and stated only to those with a need to know.

By amending petition, Stanton sought trial by jury.

The record shows that discovery was begun in April, 1997. The matter was set for pre-trial conference in May, 1998. Additional discovery was made and a discovery cutoff of 20 December 1998 was set by the trial court. By joint motion discovery was extended to 10 February 1999.

Following the completion of discovery, Tulane and Dean Robertson filed a Motion for Summary Judgment on 19 March 1999. By judgment of 23 August 1999, the trial court granted the motion. From that judgment, Stanton appeals. We affirm.

STATEMENT OF FACT

We find no written reasons for judgment in the record. The transcript of the argument on the Motion for Summary Judgment shows the following comment by the trial judge: "I don't find that the handbook is a contract, and I don't find an implied contract, so I'm going to grant the motion for summary judgment."

According to the Statement of Undisputed Material Facts submitted by Tulane and Dean Robertson:

1. Stanton was hired as a Probationary Assistant Professor in the Tulane School of Architecture effective 1 July 1989.

2. This was a "tenure-track" position.

3. The Tulane Faculty Handbook states in its Introduction that it is "a general guide to the policies and operations of Tulane University."

4. The full procedure for reappointment of probationary faculty at Tulane is set forth in the Faculty Handbook.

5. The Handbook requires a third year review by faculty, which Stanton received.

6. The three-member Promotions and Tenure Committee voiced specific concerns regarding Stanton in all three areas of review: Teaching Effectiveness, Research and Publication, and Community Service/Collegiality.

7. The third year review committee recommended that Stanton demonstrate sufficient progress in those three areas within the 1993-94 academic year, and then undergo a fourth year review to determine whether these areas had been addressed.

8. The Handbook states that reviews of non-tenured faculty may take place in any year.

9. Stanton underwent a fourth year review according to handbook procedure.

10. The three-member Promotions and Tenure Committee found that Stanton *1245 failed to satisfy two of the three requirements established following his third year review.

11. Both Dean Robertson and Tulane Provost James Kilroy reviewed the Committee's decision as set forth in the handbook and in the School of Architecture Constitution.

12. Both Kilroy and Dean Robertson found that Stanton's failure to satisfy two of the three requirements established following the third year review constituted "exceptional circumstances" warranting a reversal of the Promotions and Tenure Committee's decision. This process is provided for specifically in the handbook.

13. Stanton's appeal of the non-reappointment decision was denied by the Tulane Senate Committee on Faculty Tenure, Freedom and Responsibility.

We have reviewed the documents filed below in connection with Tulane's Motion for Summary Judgment and find these facts to be undisputed.

Tulane hired Stanton by letter dated 30 May 1989 from Ronald C. Filson, then Dean of the Tulane School of Architecture, to Stanton. That letter provided in pertinent part:

... I am happy to offer you an appointment in the School of Architecture at Tulane University for the 1989-90 academic year. The rank will be that of Assistant Professor with an academic year salary of $26,000. This nine-month salary will be payable in 12 monthly installments, the first on July 31, 1989....
Positions are reviewed on an annual basis with consideration given to both academic and professional performance and to the academic needs and resources of the school. Specific reviews take place at the end of your first year, at the end of the third year, and in the penultimate year of your probationary period. If this review is favorable, it leads to the awarding of tenure ...

The letter also contains details of the Tulane retirement and health plans. The record contains a copy of Stanton's acceptance letter dated 1 July 1989, in which he acknowledged that he would be reviewed for tenure.

On 1 July 1991, Dean Filson advised Stanton by letter of the approval of his continuation on the faculty for the 1991-92 academic year, offering a salary of $29,000 plus $4,270 in fringe benefits.

Following Stanton's first year equivalent review, a divided Spring 1990 Promotion and Tenure Committee recommended that Stanton be continued in his then current position and tenure track with the following observations: (1) that he pursue professional registration; (2) that his classroom teaching and evaluations be closely monitored because of student complaints, particularly in regard to his partiality shown toward certain students in critiques and grading; and (3) opinions of his School of Architecture colleagues be sought and evaluated as differing opinions had been found by the Committee in regard to Stanton's classroom performance and impartiality.

The report of Stanton's third year review, dated 16 February 1993, presents an even more troubling picture. While recognizing his strength as a positive, involved and supportive design instructor and his valuable background in theory and history, together with his introduction of a foreign study program in Venice, Italy, the Promotions and Tenure Committee designated several serious areas of concern: (1) Stanton's research remained unpublished; (2) it was difficult to identify Stanton's contributions to design competition work performed jointly with other junior faculty members and students; (3) his lack of a license constitutes lack of an "essential professional credential for tenure"; (4) he made very little connection with the New Orleans community; (5) he had not demonstrated an interest in Tulane activities. The committee concluded by recommending:

*1246

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Cite This Page — Counsel Stack

Bluebook (online)
777 So. 2d 1242, 2001 WL 111637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanton-v-tulane-university-of-louisiana-lactapp-2001.