2011 Ohio 6842
Ohio Ct. Cl.2011Background
- Plaintiff Stephen Gilroy Hall, Ph.D., was an OSU history professor denied tenure in 2009.
- OSU followed a three-tier tenure review: department, college, Office of Academic Affairs, with criteria in teaching, scholarship, and service.
- Promotion and Tenure Committee for the History Department and the College of Humanities issued conflicting recommendations; ultimately the College and higher administration denied tenure.
- Documentation showed Plaintiff’s teaching evaluations (SEIs) were consistently below department norms and comments were negative.
- Provost Alutto and Dean Roberts declined tenure based on Plaintiff’s teaching record, not on protected characteristics.
- Plaintiff sued for race discrimination under Title VII and for breach of contract; Defendant moved for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hall established a prima facie case of race discrimination | Hall contends he was denied tenure due to race/color. | OSU followed policy; denial was based on teaching performance and SEIs, not race. | No genuine issue; defendant shown legitimate nondiscriminatory basis. |
| Whether defendant's reasons for denial were pretextual | Affidavits allege racial bias and policy deviations. | Record shows teaching deficiencies; no evidence of pretext. | Plaintiff failed to prove pretext; reasons credible and job-related. |
| Whether OSU complied with the University Rules and Department Tenure Handbook | Denial contrary to tenure policy and de facto tenure based on publications. | Evidence shows adherence to three-tier process and criteria; SEIs appropriately weighed. | No violation found; process followed toward denial. |
| Whether Hall's breach of contract claim survives | Denial breached tenure handbook provisions and implied de facto tenure. | Courts avoid replacing professional judgments; no fraud or bad faith shown. | Summary judgment for defendant on breach of contract claim. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (establishes burden-shifting framework for discrimination claims)
- Johnson v. Kroger Co., 319 F.3d 858 (6th Cir. 2003) (precedes summary judgment in Title VII cases with circumstantial evidence)
- Carter v. Univ. of Toledo, 349 F.3d 269 (6th Cir. 2003) (pretext standard in McDonnell Douglas framework)
- Seay v. TVA, 339 F.3d 454 (6th Cir. 2003) (pretext evidence requirements in Title VII cases)
- Gogate v. Ohio State Univ., 42 Ohio App.3d 220 (1987) (courts defer to professional judgment in tenure decisions absent fraud or bad faith)