Grubach v. Univ. of Akron

Excerpt

Court of Claims erred when it granted summary judgment to appellee on appellant's breach of contract claim where the evidence presented by appellant permitted the inference that appellant's academic advisor harbored an age-related bias against appellant and subsequently persuaded another member of appellant's Ph.D. committee to change appellant's grade on the comprehensive written examination from "overall pass" to "fail," as such conduct, if proven at trial, represents a substantial departure from accepted academic norms as to demonstrate that appellant's academic advisor and committee member did not actually exercise professional judgment. Even though appellant's dismissal from the Ph.D. program resulted in the loss of his position as a paid teaching assistant ("TA"), appellee was entitled to judgment, as a matter of law, as to appellant's statutory age discrimination claim because the allegations of discriminatory conduct related to appellant's status as a student and not the conditions of his employment as a TA. Appellee was entitled to judgment, as a matter of law, as to appellant's statutory retaliation claim because the discriminatory practices opposed by appellant related to his status as a student and not the conditions of his employment as a TA. Judgment affirmed in part and reversed in part cause remanded.