Court Declines To Interfere In Tenure-Denial Case

An unpublished opinion of the United States Court of Appeals for the Fourth Circuit affirmed dismissal of a discrimination claim brought by a Western Carolina University professor who was denied tenure.

The court found the reason was not discriminatory

Here, the undisputed evidence amply demonstrates that WCU’s decision was motivated primarily by Appellant’s numerous instances of gross misconduct and not his disability. Appellant’s gross misconduct included, but was not limited to, a poem he wrote depicting the rape of Dean Ford, a story he wrote about killing a faculty member, and threats directed against those involved in the tenure process. Because of the alarming and continuous nature of Appellant’s misconduct, multiple faculty members suffered from anxiety, sleep deprivation, and were afraid to come to work.

Indeed, as to Appellant’s misconduct, Dean Gibbs Knotts, who recommended against Appellant’s 2011 tenure application, specifically identified an incident where campus law enforcement filed a report against Appellant for making derogatory comments to construction workers who had called the police to have Appellant’s illegally parked vehicle towed. Additionally, Dean Knotts described the general fear Appellant engendered amongst the faculty as a further reason he opposed Appellant’s tenure. For example, one colleague was “scared to come to work” in light of Appellant’s comments and sought an arrangement to teach on-line to avoid interacting with Appellant.  Another colleague had to see a therapist and considered resigning from WCU because of Appellant. The University Collegial Review Committee also voted to deny tenure to Appellant because it “was concerned about [Appellant’s] pattern of disruptive behavior.” Id. at 134.

…Ultimately, in a circumstance such as this where substantial evidence supports the lawful denial of tenure, we will not interfere with that decision.