Weinstein v. University of Connecticut

136 F. Supp. 3d 221, 2016 U.S. Dist. LEXIS 7529, 2016 WL 287014
CourtDistrict Court, D. Connecticut
DecidedJanuary 22, 2016
Docket3:11cv1906 (WWE)
StatusPublished
Cited by1 cases

This text of 136 F. Supp. 3d 221 (Weinstein v. University of Connecticut) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weinstein v. University of Connecticut, 136 F. Supp. 3d 221, 2016 U.S. Dist. LEXIS 7529, 2016 WL 287014 (D. Conn. 2016).

Opinion

MEMORANDUM OF DECISION ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Warren W. Eginton, Senior United States District Judge

In this action, plaintiff Luke Weinstein, a former' University of Connecticut professor and Director of the Innovation Accelerator at the University of Connecticut (“UConn”), alleges that defendants UConn and Dean P. Christopher Earley are liable for violation of his First Amendment right to free speech and violation of Connecticut General Statutes § 31-51q and § 31-Slm.1 Plaintiff also alleges a state common law tort claim of intentional interference with advantageous business relationship against defendant' Earley.

Defendants filed a motion for summary judgment, which this Court granted in part and denied in part. Specifically, the Court granted summary judgment on plaintiffs claims of First Amendment retaliation based on his speech relevant to workers’ compensation coverage for students, payment for students, and Institutional Review Board approval, and denied without prejudice summary judgment on all state law claims pending the Connecticut Supreme Court’s consideration of the [227]*227proper standards applicable to section 31-51q.2 See Trusz v. UBS Realty Investors, LLC, 319 Conn. 175, 123 A.3d 1212 (2015)

Although his complaint failed to allege that he had been retaliated against based on his speech concerning Dean Ear-ley’s nepotism, plaintiff had so argued in his opposition brief and submitted eviden-tiary support of such claim. The Court ruled that it would consider the merits of plaintiffs claim and afforded defendants the opportunity to file a supplemental motion for summary judgment.3

Defendants have now filed a supplemental memorandum for summary judgment on plaintiffs claim of retaliation based on his speech related to nepotism and the Connecticut Supreme Court has issued its ruling in Trusz v. UBS Realty. Accordingly, the Court will consider whether summary judgment is appropriate on the remaining federal retaliation claim and the state law claims. For the following reasons, the Court will grant the motion for summary judgment on the First Amendment retaliation claim against Dean Earley and decline supplemental jurisdiction on the state law claims.

BACKGROUND

The parties have, submitted, statements of fact with supporting exhibits attached. The statements of fact, exhibits and pleadings reveal the following factual background.

Plaintiff was employed at UConn from January 2007 until August 22, 2011. Until August 22, 2010, he was employed as the Director of the Innovation Accelerator, an experiential learning center; and as an Assistant Professor in Residence in the Management Department of the School of Business Management. From August 23, 2010, through August 22, 2011, plaintiff was employed as an Assistant Professor in Residence. These positions were not eligible for academic tenure.

The. job description for. Director of the Innovation Accelerator provided,.that, the Director reported to the Head of the Management Department and “will be appointed on an eleven-month renewable appointment as an In-residence Assistant Professor of Management.” As set forth in the description, the Director'was expected to, inter aha, “establish a triage process to determine quickly what the needs are and whether work through the Innovation Accelerator will ‘respond to the' business [228]*228need;” “create linkages with the technology schools at the University;” and “develop the right team of students and faculty from various disciplines to work with the business on a timeline.”

Plaintiff was the first Director of the Innovation Accelerator. Plaintiffs initial appointmeht letter and appointment letters for 2008-2009 and 2009-2010 stated: “This position1 is subject to annual review and may be renewed, subject to the availability of funding and your continued satisfactory performance.”

The appointment letter for the 2010-2011 position of Assistant Professor in Residence provided: “This position does not lead to permanent academic tenure but it may be renewed annually depending upoii performance, funding and relevance to the academic mission.”-

The work load for students participating in the Innovation Accelerator was considered to be very demanding.

In March 2010, plaintiff sent an email to Michael Deotte, whom plaintiff understood to be the Director of the MBA program, and Shanta Hegde, Associate Dean for Graduate Programs, regarding whether students would receive academic credit for their work at the Innovation Accelerator for the summer semester. Plaintiff wanted students to be required to receive credit in the summer because there had been instances in the past when students who did not do work had caused “real team problems.” He also believed that the Innovation Accelerator could not complete certain research without approval of UConn’s Institutional- Review Board, which required that students be enrolled for course credit.

In an email dated March 28, 2010, responding to a request by Hegde, plaintiff explained his understanding of the’Institutional Review Board and two alternative ways to obtain its approval. After March 28, 2010, plaintiff learned that Nancy Wal-lach, Director of Research Compliance at UConn, had advised Hegde that summer projects conducted by students working as paid interns without receiving course credit did not need to be reviewed by the Institutional Review Board.

In April and May 2010, plaintiff engaged in discussions concerning a new fellowship program that would replace the prior manner of compensating the students participating in the Innovation Accelerator. Under the then-current compensation model, the undergraduate students received a combination of wages for hours worked plus course credit, while the graduate students received a graduate assistantship plus course credit.

On April 24, 2010, plaintiff sent an email to Hegde, inquiring about the logistics of the fellowship program, how the offer letters should be worded, and whether the university maintained insurance that would cover the students working on a fellowship in. the event that they were injured traveling for a project. As to the insurance issue, he wrote: “Right now students are covered by worker’s compensation on a TA/GA special payroll or UG pay but I don’t know if worker’s compensation coverage would extend to a student being paid by scholarship.” Plaintiff copied his supervisor, Professor Dino, on this email. Hegde responded that students would be paid by fellowship based on their registration in Accelerator Innovation courses, that the wording of the offer letter was being worked on, and that students- would be covered under the “field trip policy.” He copied other administrators including Dean Earley.

Hegde later sent an email to other innovation acceleratqr directors requesting feedback on a “Discussion Draft” relevant to the new fellowship model. In an email dated May 10, 2010 responding to the [229]*229email from Hegde, plaintiff expressed his concern that undergraduates participating in the Innovation Accelerator would receive fellowships. He noted that “[t]o date they are all on undergraduate payroll, under which they get worker’s compensation coverage as their payroll is'taxed at 0.99% for worker’s compensation.” He also stated that the undergraduate students offered fellowships should be informed of the amount of hours and the location of the work.

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Related

Weinstein v. University of Connecticut
676 F. App'x 42 (Second Circuit, 2017)

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Bluebook (online)
136 F. Supp. 3d 221, 2016 U.S. Dist. LEXIS 7529, 2016 WL 287014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weinstein-v-university-of-connecticut-ctd-2016.