Moreno v. Texas a & M University-Kingsville
339 S.W.3d 902
| Tex. App. | 2011Background
- Moreno was TAMUK Assistant VP for Finance and Administration; Saban supervised her.
- Moreno researched and disclosed a tuition waiver issue affecting Saban’s daughter; Saban initially benefited from the waiver.
- THECB informed Moreno the waiver required a 50% teaching workload; Saban did not meet this requirement.
- Moreno reported the issue to Juarez; TAMUK officials concluded Saban was not eligible and he had to repay the waiver.
- On February 29, 2008, Moreno was terminated after a conference offering voluntary resignation or termination.
- Moreno alleged termination was retaliatory for reporting the tuition-waiver issue; grievance investigation found no retaliation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper | Moreno created fact issues on all elements. | No genuine issues on all elements; statute applies. | Reversed; fact issues existed. |
| Whether the plea to jurisdiction established lack of jurisdiction | Moreno pled sufficient jurisdictional facts for whistleblower claim. | Waiver failed; no jurisdiction. | Reversed; jurisdictional facts raised issues. |
Key Cases Cited
- Llanes v. Corpus Christi Indep. Sch. Dist., 64 S.W.3d 638 (Tex.App.-Corpus Christi 2002) (liberal construction of Whistleblower Act)
- Miranda v. Bexar County, 133 S.W.3d 217 (Tex. 2004) (jurisdictional-facts standard; evidentiary review)
- Lueck v. State, 290 S.W.3d 876 (Tex.2009) (regulatory non-compliance not law violation)
- Hinds v. Dept. of Human Servs., 904 S.W.2d 629 (Tex. 1995) (five-element whistleblower test; causation)
- Needham v. Texas Dept. of Transportation, 82 S.W.3d 314 (Tex.2002) (need not prove internal discipline to qualify)
- Castaneda v. Tex. Dept. of Agric., 831 S.W.2d 501 (Tex.1992) (remedial purpose; liberal construction)
- Okoli v. Univ. of Tex. Med. Branch, 317 S.W.3d 800 (Tex.App.-Houston 1st Dist. 2010) (internal reporting policy as good faith evidence)
- Gentilello v. Univ. of Tex. Sw. Med. Ctr., 317 S.W.3d 865 (Tex.App.-Dallas 2010) (supervisor reporting within policy chain)
- DeOreo v. City of Fort Worth, 114 S.W.3d 664 (Tex.App.-Fort Worth 2003) (internal authority not automatically enforce law)