Vadie v. Mississippi State University

218 F.3d 365, 2000 U.S. App. LEXIS 15592, 78 Empl. Prac. Dec. (CCH) 40,105, 84 Fair Empl. Prac. Cas. (BNA) 977, 2000 WL 890431
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 5, 2000
Docket98-60784
StatusPublished
Cited by149 cases

This text of 218 F.3d 365 (Vadie v. Mississippi State University) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vadie v. Mississippi State University, 218 F.3d 365, 2000 U.S. App. LEXIS 15592, 78 Empl. Prac. Dec. (CCH) 40,105, 84 Fair Empl. Prac. Cas. (BNA) 977, 2000 WL 890431 (5th Cir. 2000).

Opinions

DOWD, District Judge:

Mississippi State University (“MSU”) appeals from the final judgment entered against it on October 1, 1998, following a jury verdict in favor of Ahmad A. Vadie (“Dr. Vadie”) in this Title VII case alleging intentional discrimination and retaliation, and from the district court’s December 3, 1998, denial of a motion for judgment as a matter of law or, in the alternative, for a [368]*368new trial.1 Dr. Vadie appeals the district court’s order of December 10, 1998, denying him reinstatement.2

I

Dr. Vadie was born in Iran but obtained a masters degree in chemical engineering and a doctorate in petroleum engineering from the University of Texas.3 In 1982, he accepted a position at MSU and eventually became a tenured full professor in the Department of Petroleum Engineering.4

In 1993, MSU’s Board decided to close the Department of Petroleum Engineering effective in 1995. MSU had a policy which permitted displaced faculty members to be considered for open faculty positions in other departments. Department heads were responsible for making final recommendations to the Dean, typically based on faculty input.5

in April 1993, due to the announced retirement of three professors, that number of faculty positions opened up in the Department of Chemical Engineering.6 Dr. Vadie applied and, in a letter to the department head, Dr. Donald Hill, dated May 3, 1993, the chemical engineering faculty recommended Dr. Vadie for selection, along with Drs. Rogers and Sparrow.7 Dr. Hill testified that he was surprised by the letter because prior to its receipt he had not detected support for Dr. Vadie. He sought out each faculty member and asked if the letter was “a mandate to hire Dr. Vadie.” He testified that “the answer was a resounding no.” R5:176. Later, at a faculty meeting to discuss the recommendations, no one spoke up on Dr. Vadie’s behalf.8 Believing that he did not actually have full faculty support for Dr. Vadie, Dr. Hill thereafter recommended only Rogers and Sparrow to the Dean of the College of [369]*369Engineering and to the Vice President of Academic Affairs. Both Rogers and Sparrow were given positions. On May 20, 1993, Dr. Vadie was notified by letter from Dr. Hill that he had not been chosen but that, pursuant to MSU policy, his application would be held for further consideration.9

Dr. Rebecca Toghiani, a member of the chemical engineering faculty,10 testified that after the first two hiring decisions had been made, it came to the attention of the faculty “that [its] recommendation had been questioned.” R6:234. The faculty (except for Dr. Hill) then wrote a letter to Robert Altenkirch, Dean of the College of Engineering. The letter, dated September 20, 1993, indicated the faculty’s “unanimous agreement that they followed the guidelines outlined in the relocation procedure, that they are satisfied that they had maximum input into the process, and accept the decision of the administration to hire or not hire the internal faculty recommended as possible candidates in the letter of May 3, 1993 to Dr. Hill.” R6:241-242;D-29.11

On April 22, 1994, the faculty of the Chemical Engineering Department, including Dr. Hill, again wrote to Dean Alten-kirch expressing concern that it was not being appropriately heard with respect to whether or not Dr. Vadie should join that faculty. The faculty emphasized its desire for highly qualified colleagues and that, because of friendships and their need to remain anonymous and bypass personal embarrassment, it had been their intent that the final recommendations for the position openings be made by Dr. Hill. The faculty stated clearly that it did not want Dr. Vadie in the chemical engineering program and that his presence would be “highly counterproductive.” It further clarified that “being minimally qualified is not tantamount to being minimally acceptable.” D-21.

Ultimately, Dr. Vadie was not selected for any of the three positions that had become vacant in April 1993. In fact, in June 1994, the final position was filled by Dr. Nancy Losure, an external applicant, who was hired as an assistant professor.12 It is not disputed that Dr. Vadie’s qualifications were superior to those of Dr. Lo-sure.13

Dr. Vadie appealed to MSU’s Board which, on November 17, 1994, sent him a letter reporting that it had unanimously voted to support the University’s decision. The letter stated that “the matter is now final.” P-10. The November 1994 newsletter of MSU’s chapter of the American Association of University Professors, The Advocate, reported the non-selection and indicated that Dr. Vadie had told The AdvoCate “that he will now seek a remedy in the courts.” P-19.

On January 24, 1995, Dr. Vadie filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) alleging that MSU had not selected him for any of the vacant positions because of his race and/or national origin. [370]*370He filed this lawsuit in June 1995, having received his right-to-sue letter.

By letter dated April 24, 1995, Dr. Vadie was offered a position as Senior Research Engineer in the Water Resources Research Institute at MSU, effective May 16, 1995. This was a funded research position which was full-time but non-tenured.14

In August of 1995, a Chemical Engineering Department faculty member died. This faculty member had possessed a doctorate in chemical engineering. According to MSU, the loss of the decedent’s expertise in the department necessitated hiring someone who also had a doctorate in chemical engineering.15 Although not possessing the requisite degree, Dr. Vadie sought the position.16 He is of the view that, in order to purposefully disqualify him, the qualifications for this position were changed from requiring merely a degree in “a related area” to requiring a Ph.D. in chemical engineering.17 The faculty screening committee did not recommend Dr. Vadie for the position and it was ultimately filled by Dr. Mark Zappi, an Hispanic, who was hired as an associate professor.

On November 27, 1995, Dr. Vadie filed his second EEOC complaint charging that MSU had not selected him for the 1995 vacancy either because of his national origin or in retaliation for his having filed the first EEOC charge and this lawsuit.18

The case was tried to a jury which returned verdicts in Dr. Vadie’s favor, finding that MSU did not hire him in the Chemical Engineering Department because of his race or national origin and because of retaliation.19 The jury awarded $350,000 in compensatory damages “for emotional pain, suffering, inconvenience, or mental anguish.” R4:799. Because of the statutory caps on compensatory damages, 42 U.S.C. § 1981a(a)(l) & (b)(3)(D), the district judge subsequently reduced this award to $300,OOO.20

MSU filed a post-judgment motion for judgment as a matter of law and/or for a new trial. This motion was denied. Dr. Vadie filed a post-judgment motion for reinstatement to a position at MSU.

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

Related

Mauritz v. Lynn
Fifth Circuit, 2023
Texas Southmost College v. Linda Hernandez
Court of Appeals of Texas, 2023
Karen Bacharach v. Suntrust Mortgage, Inc.
827 F.3d 432 (Fifth Circuit, 2016)
Bennett v. Consolidated Gravity Drainage District No. 1
648 F. App'x 425 (Fifth Circuit, 2016)
Jefferson County, Texas v. Ha Penny Nguyen
Court of Appeals of Texas, 2015
Trudy Bovie-Clark v. Sentry Select Insurance Co.
568 F. App'x 312 (Fifth Circuit, 2014)
Martha Ellerbrook v. City of Lubbock, Texas
465 F. App'x 324 (Fifth Circuit, 2012)
Tilal Babiker v. New Orleans City
457 F. App'x 371 (Fifth Circuit, 2012)
Ogletree v. Glen Rose Independent School District
443 F. App'x 913 (Fifth Circuit, 2011)
Kenneth Nunley v. City of Waco
440 F. App'x 275 (Fifth Circuit, 2011)
Latana Williams v. City of Tupelo, Mississippi
414 F. App'x 689 (Fifth Circuit, 2011)
Appel v. INSPIRE PHARMACEUTICALS, INC.
712 F. Supp. 2d 538 (N.D. Texas, 2010)
Alleman v. Louisiana, Department of Economic Development
698 F. Supp. 2d 644 (M.D. Louisiana, 2010)
LeBlanc v. Greater Baton Rouge Port Commission
676 F. Supp. 2d 460 (M.D. Louisiana, 2009)
Hill v. New Alenco Windows, Ltd.
716 F. Supp. 2d 582 (S.D. Texas, 2009)
ORAMULU v. Washington Mutual Bank
699 F. Supp. 2d 898 (S.D. Texas, 2009)
Smith v. Shinseki
716 F. Supp. 2d 556 (S.D. Texas, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
218 F.3d 365, 2000 U.S. App. LEXIS 15592, 78 Empl. Prac. Dec. (CCH) 40,105, 84 Fair Empl. Prac. Cas. (BNA) 977, 2000 WL 890431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vadie-v-mississippi-state-university-ca5-2000.