Wilkerson v. University of North Texas Ex Rel. Board of Regents

878 F.3d 147
CourtCourt of Appeals for the Fifth Circuit
DecidedDecember 20, 2017
Docket16-41716
StatusPublished
Cited by28 cases

This text of 878 F.3d 147 (Wilkerson v. University of North Texas Ex Rel. Board of Regents) 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
Wilkerson v. University of North Texas Ex Rel. Board of Regents, 878 F.3d 147 (5th Cir. 2017).

Opinion

STEPHEN A. HIGGINSON, Circuit Judge:

A Texas university declined to renew a lecturer’s contract. After several extensive but unsuccessful administrative appeals, that lecturer sued the school and its administrators, alleging a deprivation of his property interest in his job without due process and tortious interference with his employment contract. The district court denied summary judgment to the administrators on their immunity defenses. We reverse.

I.

The University of North Texas is a state institution with a formal tenure track. Plaintiff-appellee Dale Wilkerson was never on that track. He was instead an unten-ured lecturer in the University’s Department of 1 Philosophy and Religion Studies from 2003 to 2014. For the first eight years, he arid 'the University entered separate, one-year teaching contracts. In 2011, Wilkerson became the Philosophy Depart-rnent’s “Principal Lecturer.”

Wilkerson’s “Principal Lecturer” contract provided' a “temporary, rion-tenrira-ble, one-year appointment with a five-year commitment to renew at the option of the University.” As he was- signing that contract, Wilkerson avers, the department chair (defendant-appellant Patricia Glaze-brook) explained that the optional-renewal provision was “a convenience” in place only “in the event a reduction in workforce were necessary” or “in the event of a major policy violation.” But the written agreement included this integration clause: “No previous written or oral commitment will be binding on the University except as specified in this letter” and its attachments.

With his post came a “nine-month base salary.” And as the contract explained, “selected [Ujniversity policies, procedures and expectations” governed Wilkerson’s appointment. Among those policies were the departmental bylaws, which advised Wilkerson that Principal Lecturer contracts “are renewed annually.” Along those same lines, the bylaws added that “[l]ec-turers may hold full- or part-time appointments of one or multiple years that are renewed pending the departmental annual review process and resource availability,” and that even “[m]ulti-year lecturers are in a temporary, non-tenurable one-year contract with a three to five year commitment to renew at the option of [the University].” The University’s constitution echoed that point: “Renewal of term appointments ... is entirely at the option of the [University.” This “commitment to renew” at the school’s “option” meant the University could reappoint Wilkerson without a formal search process requiring him to compete with other candidates. Even so, the bylaws maintained, “[r]eappointment ... offer letters w[ould] be initiated on an annual basis” and “there shall be no expectation of continued employment beyond the end of the current appointment period.”

Twice the University renewed Wilkerson’s contract. It was during his first renewed term—in March 2013—that Wilkerson attended a student-recruitment party hosted by the department’s then-Director of Graduate Studies. There, Wilkerson met C.B., a 26-year-old, incoming graduate student. 1 The two had a brief relationship. Several times in June 2013 they met at Wilkerson’s house. Twice they kissed. A few weeks later, C.B. joined Wilkerson and another female grad student on an overnight trip from Dallas to Memphis. As the complaint tells it, the three shared a hotel room and a platonic evening.

By September 2013, Wilkerson had become his department’s Director of Graduate Studies 2 and C.B. had matriculated. A few months passed before C.B. filed a formal complaint with the University, contending that Wilkerson sexually harassed her the past summer. Those allegations complicated Wilkerson’s renewal process. When prodded why the school had not yet renewed Wilkerson’s contract, Glazebrook told him that his renewal hinged on an internal investigation. That inquiry, headed by the University’s Office of Equal Opportunity (OEO), found no violation of the University’s consensual relationship policy and insufficient evidence of sexual harassment.

Glazebrook then checked with the University’s general counsel and the dean about renewing Wilkerson’s contract. Though school policies gave Glazebrook an integral role in deciding whether to hire and retain faculty, they also contemplated that Glazebrook would consult her department’s “Personnel Affairs Committee” before recommending Wilkerson’s non-renewal. She did not do so. Rather, on July 3, 2014, she sent Wilkerson a letter (on University letterhead) informing him that his appointment would not be renewed. The letter reminded Wilkerson that his position was “renewable annually at the option of the University” and instructed him how to appeal.

Wilkerson appealed to the College of Arts and Sciences Ad Hoc Grievance Committee. That body permitted Wilkerson, with counsel by his side, to present, object to, and confront witnesses and evidence during a hearing. At this hearing, Glaze-brook defended her decision by citing Wilkerson’s “poor judgment.” The Committee was unpersuaded. It recommended that the college dean “reverse the non-renewal decision,” concluding that “the procedural By-Laws of the Department were violated and ... Glazebrook provided insufficient evidence to justify the non-renewal.”

Next was the dean’s review. Defendant-appellant Arthur Goven studied the Ad Hoc Grievance Committee report, the OEO report, and Glazebrook’s recommendation. He also spoke separately with Wilkerson and then Glazebrook. Glaze-brook apparently told the dean that Wilkerson had accepted the job as Director of Graduate Studies before meeting C.B. (This supposedly ex parte communication is one of Wilkerson’s core objections to his non-renewal' process.) Goven ultimately disagreed with the Committee. By his lights, any procedural mishaps did not “offset” Wilkerson’s “poor professional judgment,” because Wilkerson’s “amorous overtures toward a young woman [he] knew or should have known would be a graduate student ... placed the [University in a compromising situation.”

Wilkerson appealed again, this time to the interim Provost and Vice President for Academic Affairs—defendant-appellant Warren Burggren. Burggren charged another committee with investigating further. This second committee interviewed Wilkerson, C.B., Glazebrook, Goven, and several other faculty members. It then issued a report, opining that Glazebrook “did not follow due process” because she disregarded the bylaws requiring the Personnel Affairs Committee to appraise her decision. “Nonetheless,” the report observed, “Wilkerson did indeed exercise poor professional judgment in his interactions with [C.B.].” It also found Wilkerson’s chief objection—that Dean Goven relied on ex parte statements regarding when Wilkerson accepted the position of Director of Graduate Studies—“irrelevant to the final outcome.” As this committee saw it, “[t]he charge of poor judgment would remain whether or not Wilkerson was [Director] because his involvement with [C.B.] was not appropriate given her position as an incoming graduate student and employee in the [Philosophy] Department.” Despite nodding toward a “final outcome,” however, the report balked; it offered no view on whether to reappoint Wilkerson.

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Bluebook (online)
878 F.3d 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkerson-v-university-of-north-texas-ex-rel-board-of-regents-ca5-2017.