Haegert v. University of Evansville
2011 Ind. App. LEXIS 1737
Ind. Ct. App.2011Background
- Haegert, a tenured English professor at the University of Evansville, challenged the University's decision to terminate him for violating its sexual harassment policy.
- McMullan, the English Department chair, alleged an August 25, 2004 incident involving Haegert, who allegedly touched her and said 'Hi, Sweetie' while she interviewed a prospective student.
- McMullan filed a formal harassment complaint; an investigation by the AAO (Graban) and a Review Committee found violation of the no-tolerance harassment policy.
- President Jennings referred the matter to FPAC, which unanimously recommended termination; FAC conducted a hearing and upheld the termination.
- The Board of Trustees also upheld the termination; Haegert sued for breach of contract and tortious breach of contract.
- The trial court granted summary judgment in favor of the University on the tortious breach claim and dismissed the contract claim, prompting this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the University breached the contract by terminating Haegert without clear and convincing proof | Haegert | University | University failed to prove by clear and convincing evidence |
| Whether the University complied with its own harassment/tenure procedures | Haegert | University | Procedural adequacy not sustained; remand for proceedings consistent with opinion |
Key Cases Cited
- Haberman v. Cengage Learning, Inc., 180 Cal.App.4th 365 (Cal. Ct. App. 2009) (discusses severities and pervasiveness in hostile environment harassment)
- Hughes v. Pair, 95 Cal.Rptr.3d 636, 209 P.3d 963 (Cal. Supreme Court 2009) (limits actionable harassment to pervasive or severe conduct; uses reasonable person standard)
- Trs. of Indiana Univ. v. Cohen, 910 N.E.2d 251 (Ind. Ct. App. 2009) (contract interpretation; when ambiguous, question for jury/trier of fact)
- Ruse v. Bleeke, 914 N.E.2d 1 (Ind. Ct. App. 2009) (elements of breach of contract; burden on plaintiff to prove damages)
- Estate of Hofgesang v. Hansford, 714 N.E.2d 1213 (Ind. Ct. App. 1999) (standard for evaluating evidence in adjudicatory proceedings)