Phillip E. Jones v. University of Iowa the Board of Regents for the State of Iowa Sally Mason, President of the University of Iowa and Individually and the Stolar Partnership, LLP
836 N.W.2d 127
| Iowa | 2013Background
- Jones, a long-time at-will dean at the University of Iowa, was terminated by President Mason on Sept 23, 2008 after a highly critical Stolar report on his handling of a 2007 sexual assault case.
- Stolar, retained by the Regents, conducted a broad investigation into university responses to the incident and produced a report critical of Jones’s actions.
- Jones sued the University, Mason, the Regents, and Stolar for wrongful termination and related claims; district court granted summary judgment for all defendants.
- Jones sought discovery of hundreds of communications between Stolar and the Regents; the district court denied, citing attorney–client privilege.
- ITCA sovereign immunity provisions were central to the state defendants’ defense against defamation, false light, and some tort claims.
- Jones alleged due process violations and employment discrimination under §1983; the court analyzed each claim with respect to scope of employment and public policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the discovery ruling on privileged communications was reversible | Jones argues disclosure of communications would affect claims | State defendants say privilege and no prejudice shown | Harmless, no reversible error; no showing of prejudice from withheld items. |
| Whether Mason acted within the scope of employment for ITCA purposes | Jones contends certification may be non-conclusive | Certification presumed within scope; argument unresolved | Mason acted within the scope; ITCA immunity applies to Mason as to the state defendants. |
| Whether defamation and false light claims against state defendants are barred by ITCA | Claims should survive because statements were about public conduct | ITCA bars these claims | Barred by ITCA for institutional defendants. |
| Whether Jones can pursue wrongful discharge/public policy claim | Argues firing violated a defined public policy | Termination grounded in loss of confidence in Jones’s performance | No genuine issue; termination within public policy exception not shown. |
| Whether Jones can pursue due process claim against Mason in her individual capacity | Seeks name-clearing hearing; alleges stigma from termination | No constitutionally protected liberty interest shown; minimal stigma | No procedural due process violation established against Mason. |
Key Cases Cited
- McGill v. Fish, 790 N.W.2d 113 (Iowa 2010) (scope of employment and sovereign immunity framework under ITCA explained)
- Godar v. Edwards, 588 N.W.2d 701 (Iowa 1999) (scope of employment test for acting within line of duty)
- Springer v. Weeks & Leo Co., 429 N.W.2d 558 (Iowa 1988) (public policy wrongful discharge framework)
- Berry v. Liberty Holdings, Inc., 803 N.W.2d 106 (Iowa 2011) (public policy wrongful discharge principles)
- Theisen v. Covenant Med. Ctr., Inc., 636 N.W.2d 74 (Iowa 2001) (elements of qualified privilege in defamation)