456 F.Supp.3d 34
D.D.C.2020Background
- Mehdi Moini, a Middle Eastern (Iranian) tenured-track associate professor in GWU’s Forensic Sciences department (hired 2014), applied for tenure; the University denied tenure and issued a terminal appointment notice on June 22, 2017.
- Departmental tenure committee unanimously recommended tenure; five subsequent reviewers (Personnel Committee, Dean, Provost, Executive Committee, President) recommended against tenure; President’s adverse decision was communicated June 22, 2017.
- Moini filed a formal grievance; a Hearing Panel split and upheld denial, an Appeals Panel unanimously reversed and recommended tenure, but the Provost rejected that recommendation and the Board of Trustees ultimately upheld the denial on September 19, 2018.
- Moini filed an EEOC initial inquiry on April 14, 2019 and a formal charge July 12, 2019; he sued within three months alleging Title VII and DCHRA discrimination (national origin/race), a § 1981 claim, breach of contract, and breach of the covenant of good faith and fair dealing.
- Defendant (President Thomas LeBlanc) moved to dismiss under Rule 12(b)(6). The court dismissed Title VII and DCHRA claims as time-barred but allowed the § 1981 and contract-based claims to proceed.
Issues
| Issue | Moini’s Argument | LeBlanc/University’s Argument | Held |
|---|---|---|---|
| Timeliness of Title VII claim | The limitations period should run from Board’s final grievance decision (Sept. 19, 2018). | Limitations ran from June 22, 2017—when the Provost/President communicated denial and a terminal contract. | Title VII claim untimely; dismissed (Ricks controls). |
| Timeliness of DCHRA claim | Limitations should run from Board’s final grievance decision or be tolled by EEOC filing. | One-year DCHRA period began June 22, 2017; EEOC filing was not timely to toll. | DCHRA claim untimely; dismissed. |
| Sufficiency of § 1981 claim | Alleges race/ethnic discrimination (Middle Eastern/Iranian; compares to white/Caucasian colleagues); alleges pretext and biased reliance on student evaluations. | Claims plead only national-origin discrimination and lack adequate but-for causation. | § 1981 claim survives at pleading stage; pro se allegations suffice to plausibly plead race/ancestry discrimination and but-for causation. |
| Breach of contract and implied covenant claims | University failed to give adequate notice of teaching concerns, omitted mid‑tenure review, and acted arbitrarily/capriciously under the Faculty Code. | Arguments that exhibits refute claims and some claims are time-barred or meritless. | Contract claims survive dismissal; factual and Code‑interpretation issues reserved for summary judgment. |
Key Cases Cited
- Delaware State College v. Ricks, 449 U.S. 250 (Sup. Ct. 1980) (limitations for tenure-denial discrimination begins when tenure decision is made and communicated, not when grievance concludes)
- Saint Francis College v. Al-Khazraji, 481 U.S. 604 (Sup. Ct. 1987) (§ 1981 covers discrimination based on ancestry or ethnic characteristics)
- Ashcroft v. Iqbal, 556 U.S. 662 (Sup. Ct. 2009) (plausibility pleading standard under Rule 8)
- Erickson v. Pardus, 551 U.S. 89 (Sup. Ct. 2007) (pro se pleadings are construed liberally)
- Comcast Corp. v. Nat’l Ass’n of African Am.-Owned Media, 140 S. Ct. 1009 (Sup. Ct. 2020) (but-for causation requirement for certain discrimination claims)
- Estenos v. PAHO/WHO Fed. Credit Union, 952 A.2d 878 (D.C. 2008) (Timeliness and tolling rules under DCHRA; cross-filing with EEOC can toll DCHRA deadlines)