836 N.W.2d 127
Iowa2013Background
- 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)
