John E. Mole vs. University of Massachusetts & others
Case Details
- Citation
- 58 Mass. App. Ct. 29
- Procedural Posture — the stage the case had reached
- appeal
- State
- Massachusetts
- Circuit
- 1st Circuit
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
Court reversed directed verdicts for defendants and remanded for jury consideration, finding sufficient evidence of retaliation claim where professor's support of wife's sexual harassment complaint allegedly led to salary reductions and termination.
Excerpt
John E. Mole vs. University of Massachusetts & others. No. 00-P-735. Suffolk. March 20, 2002. May 8, 2003. Present: Grí->nbrrg, Lenk, & Cowin, JJ. Further appellate review granted, 439 Mass. 1109 (2003). University of Massachusetts. Civil Rights, Termination of employment. Employment, Discrimination, Retaliation, Termination. Anti-Discrimination Law, Termination of employment, Prima facie case. Public Employment, Termination. Limitations, Statute of. Practice, Civil, Prima facie case, Statute of limitations. In a civil action brought by a tenured professor against the defendant university and individual defendants, alleging that the professor’s support of his wife’s sexual harassment complaint against the university inspired unlawful retaliation resulting in reductions in salary and ultimately in termination of his appointment, the judge erred in granting a motion for a directed verdict in favor of the defendants, where evidence of adverse employment actions that were unavailable as a basis for the plaintiff’s claims by virtue of the applicable statutes of limitations could be used to support an inference that subsequent acts that were not time-barred were a product of discrimination, and therefore, the evidence was sufficient to permit the jury to find a causal connection between the professor’s support of his wife’s complaint and the subsequent adverse employment decisions. [38-47] Greenberg, J., dissented. In a civil action brought by a tenured professor against the defendant university and individual defendants, alleging that the professor’s support of his wife’s sexual harassment complaint against the university inspired unlawful retaliation resulting in reductions in salary and ultimately in termination of his appointment, the professor’s administrative complaint was sufficient to satisfy the jurisdictional prerequisites of 42 U.S.C. § 2000e-3(a) (2000) and G. L. c. 15IB, and the fact that the professor was subsequently subjected to a more significant effect of the allegedly unlawful retaliation did not alter the fact that the retaliation issue had been fairly placed before the Massachusetts Commission Against Discrimination [47-48]; further, the professor’s claim under 42 U.S.C. § 1983 (2000) was not preempted by his claim under 42 U.S.C. § 2000e-3(a), where the professor adequately pleaded interference with his right under the First Amendment to the United States Constitution of intimate association with his wife [48]. Civil action commenced in the Superior Court Department on August 5, 1994. A motion for summary judgment was heard by Barbara J. Rouse, J., and the case was heard by Charles T. Spurlock, J. John Foskett for the plaintiff. Christopher J. Campbell for the defendants. Michael R Czech, Frank J. Chlapowski, and Michael A. Bratt. Cowin, J. The plaintiff, formerly a tenured professor at the University of Massachusetts Medical Center, brought proceedings against the University of Massachusetts (University) and various University employees in which he alleged that his support of his wife’s sexual harassment complaint against a department head inspired unlawful retaliation resulting first in reductions in his salary, then in termination of his appointment. Following pretrial rulings that narrowed the issues (and from which there have been no appeals), the case was tried to a jury for six days. At the close of the plaintiff’s case, the judge directed verdicts in favor of the defendants Michael A. Bratt and Michael P. Czech. At the close of all the evidence, the judge directed verdicts in favor of the remaining defendants Frank J. Chlapowski and the University. Following the entry of judgments in accordance with the directed verdicts, the plaintiff appealed. Applying the standard applicable to directed verdicts, see Beaupre v. Cliff Smith & Assocs., 50 Mass. App. Ct. 480, 488 n.14 (2000), we conclude that there was sufficient evidence both of a prima facie case and of pretext on the part of the defendants to require submission of the case to the jury, and we accordingly reverse. 1. Prior proceedings. On May 2, 1993, the plaintiff filed with the Massachusetts Commission Against Discrimination a complaint of unlawful retaliation for engaging in a protected activity, i.e., supporting his wife’s sexual harassment complaint. Following the required waiting period, see G. L. c. 151B, § 9, the plaintiff sought relief in the Superior Court under various civil rights statutes, specifically: (1) G. L. c. 151B, §§ 4(4), 4(4A) and 4(5); (2) Title VII, 42 U.S.C. § 2000e-3(a) (2000); and (3) 42 U.S.C. § 1983 (2000). He also sued for breach of contract and declaratory relief. Each of his statutory claims was asserted against all of the defendants: Michael P. Czech, former chair of the biochemistry and molecular biology department; Frank P. Chlapowski, acting chair; Michael A. Bratt, provost of the medical center; and the University itself. A judge of the Superior Court ruled that the “continuing violation” doctrine was inapplicable and granted summary judgment in favor of the defendants on those portions of the G. L. c. 15 IB claim that sought redress for conduct occurring prior to November 2, 1992 (the then applicable limitation of six months prior to the filing of the plaintiff’s complaint with the Massachusetts Commission Against Discrimination). Likewise, the judge granted the defendants summary judgment with respect to the plaintiff’s allegations under Title VII of conduct occurring prior to September 2, 1992 (240 days prior to the filing with that commission, 42 U.S.C. § 2000e-5[5]). The judge, in addition, granted summary judgment for the University on the plaintiff’s § 1983 claim, ruling that the University was not a “person” subject to liability thereunder. Finally, the judge allowed the defendants’ motion for summary judgment on the plaintiff’s claims for breach of contract and declaratory judgment. The remaining claims went to trial, resulting in the directed verdicts in question. 2. Material facts. “The question before us [in reviewing such a ruling] is . . . whether ‘anywhere in the evidence, from whatever source derived, any combination of circumstances could be found from which a reasonable inference could be drawn in favor of the plaintiff[].’ ” Beaupre v. Cliff Smith & Assocs., 50 Mass. App. Ct. at 488 n.14, quoting from Rolanti v. Boston Edison Corp., 33 Mass. App. Ct. 516, 520 (1992). Therefore, we state what the jury could have found, treating the evidence, as well as the reasonable inferences therefrom, in the light most favorable to the plaintiff. The plaintiff and his wife, Jacqueline Anderson-Mole, each the holder of a doctoral degree in biochemistry, were engaged in research at the University of Alabama at Birmingham when they accepted an offer from the defendant Czech to join the biochemistry and molecular biology department (department) at the University of Massachusetts Medical Center (medical center). The plaintiff joined as an associate professor, was subsequently granted tenure, and thereafter was granted a full professorship. Anderson-Mole joined the department on a non-tenure track. They brought with them valuable equipment and supplies as well as grants that they used to support their research work and salaries over the next several years. At the medical center, they founded and operated as codirectors the Protein Chemistry Core Facility (PCF), a research facility that, among other things, isolated and sequenced proteins and amino acids for other researchers at the medical center and other institutions. For several years, the PCF was funded in part by the Diabetes and Endocrinology Research Center (DERC), an organization of scientists at the medical center (of which Czech was a member), that in turn received grants awarded by the National Institutes of Health. The plaintiff also received funding from the Scientific Council, a group of scientists composed of one representative from each medical center department. At the material times, faculty members at the medical center were evaluated on the basis of teaching, service and research. In 1983, Czech and the defendant Chlapowski, then an associate professor, gave the plaintiff’s teaching strongly positive evaluations. In recommending tenure for the plaintiff with “great enthusiasm,” Czech referred to him as an “exceptionally talented faculty member” and a “truly distinguished investigator,” and remarked on his “solid teaching performance,” “well respected research program,” and “outstanding service” as PCF director. Following these reviews, the plaintiff was granted tenure in 1984. He was elevated to the rank of full professor in 1987, again following enthusiastic recommendations by Czech and Chlapowski and a unanimous vote by the department’s personnel action committee. Between 1981 and 1989, the plaintiffs salary was consistently increased; he was appointed to various department committees by Czech, who confirmed that he was active and productive thereon; and he received no negative faculty evaluations regarding his performance. By 1989, the plaintiff carried the second highest teaching load in the department. In that year, Czech took a leave of absence from the position of chair of the department, his duties being assumed by Chlapowski in an acting capacity. Although on leave as chair, Czech continued to participate in faculty evaluations. During budget hearings in 1989, the Scientific Council discussed a proposal to save money by merging the plaintiff’s PCF with a neighboring peptide synthesis core facility. Various concerns regarding the operations of the PCF, including alleged difficulties encountered in working with the plaintiff, were expressed. A subcommittee was appointed to investigate and make a recommendation regarding continued funding of the PCF. On February 8, 1990, the subcommittee recommended consolidation of the two laboratories and a public search for a new director of the combined facility. On February 28, 1990, Anderson-Mole submitted to James Wells, the medical center’s equal employment opportunity compliance officer, an informal complaint of sexual harassment against Czech. The plaintiff supported his wife’s complaint. During that academic year (September, 1989, to June, 1990), the plaintiff was relieved of the majority of his teaching duties, the stated reason for which was the need to give younger faculty members teaching experience. During the summer of 1990, both the plaintiff and Anderson-Mole sought appointment as head of the new combined PCF-pepti.de synthesis core facility. Neither was a finalist for the position. In August, 1990, Aaron Lazare, then chancellor of the medical center, informed Czech that a female faculty member had submitted an informal complaint of sexual harassment against him. There was some evidence that, at the time, Anderson-Mole was the only female faculty member of the department. Czech informed Chlapowski of the complaint, also indicating to Chlapowski that Czech was already aware of a rumor that such a complaint existed (notwithstanding that complaints of this nature were understood to be confidential). On October 4, 1990, the plaintiff received, for the first time, a negative performance evaluation for the period July, 1989, to June, 1990, signed by Czech and Chlapowski. The evaluation reported that the plaintiff had been relieved of certain teaching assignments because of “consistently negative oral and written evaluations of his teaching efforts” by students. In addition, Chlapowski, in his capacity as acting department chair, now refused to appoint the plaintiff to membership on any department committees, despite the fact that the plaintiff asked to be included. By December, 1990, relations between the plaintiff and other faculty truly began to disintegrate, with the plaintiff, in the course of a faculty meeting, attacking Chlapowski’s credentials and performance as acting chair and referring to him as “Czech’s stooge.” In January, 1991, Anderson-Mole, again with the plaintiff’s support, filed with the equal employment opportunity compliance officer a formal charge of sexual harassment against Czech. Despite the confidentiality that normally attends such complaints, the officer informed Chlapowski that Anderson-Mole had filed a formal charge of sexual and professional harassment. Chlapowski erroneously believed that the charge had been leveled at himself, subsequently refusing to accept the plaintiff’s statement that the charge was directed at Czech only. By early 1991, Czech also learned that the formal complaint had been submitted. On April 24, 1991, Chlapowski filed a formal charge of scientific misconduct against the plaintiff. This arose following the negative evaluation of the plaintiff dated October 4, 1990, when the plaintiff requested that Chlapowski review certain of the plaintiff’s publications for which the plaintiff believed he had not received due credit. The review disclosed six papers listed by the plaintiff as “accepted for publication” or “in press” that had not subsequently been published, as well as articles that the plaintiff had coauthored that were published but that he had failed to list. Following normal medical center procedures, the associate dean of scientific affairs convened an investigating panel that concluded that, while the plaintiff’s conduct had been “sloppy and inappropriate,” no scientific misconduct had occurred. While most of the data contained in the six articles in question did get published, the associate dean officially reprimanded the plaintiff for “repeated inappropriate reporting of scientific achievements.” In May, 1991, the DERC voted to discontinue funding of the PCF effective December 1, 1991. The plaintiff had attempted to rebut various grounds on which the decision was apparently based, but to no avail. On May 29, 1991, Chlapowski wrote to the Scientific Council, another funding source for the PCF, requesting that the council “officially come to closure with regard to the relationship of [the plaintiff]” and that it do so “as soon as possible.” In June, 1991, the council voted to discontinue all funding for the PCF. On July 8, 1991, the plaintiff wrote to Chlapowski requesting department funding for the PCF. Chlapowski requested both a formal application and written answers to a number of questions regarding the PCF. Alleging that responses would require countless hours gathering information within and outside the medical center, and that Chlapowski had given no assurance that the application would be approved, the plaintiff did not pursue the request. In August, 1991, the medical center informed Anderson-Mole that her contract for the 1991-1992 academic year would be her last. Furthermore, Chlapowski informed Anderson-Mole that, upon the expiration of her contract, she was not to enter the plaintiff’s laboratory or, for that matter, the premises of the medical center in general. In addition, Chlapowski demanded that, during the final year of the contract, the plaintiff pay one hundred percent of Anderson-Mole’s salary, as well as her accrued vacation time, rather than the eighty percent that he had previously paid (the department bearing the remaining twenty percent). The plaintiff filed a grievance on the salary issue and prevailed. By the end of November, 1991, the plaintiff’s funding had been completely eliminated. On December 13, 1991, Czech and Chlapowski issued another negative evaluation of the plaintiff’s performance, this time for the period July, 1990, to June, 1991, in which they expressed a lack of comprehension as to how the plaintiff could remain as a faculty member. In January, 1992, Chlapowski refused to approve the plaintiff’s application for a grant from the Alzheimer’s Foundation. The reasons for the refusal are disputed, although the plaintiff suggests that Chlapowski’s stated reason was pretextual. Throughout 1992 and early 1993, Chlapowski demanded that the plaintiff contract his research activities from the three laboratory rooms that he had previously enjoyed into a single laboratory room. Despite the plaintiff’s request that the change be delayed until completion of his grievance on the subject, the change was implemented. On February 10, 1993, Chlapowski submitted an even more negative performance appraisal of the plaintiff for the period July, 1991, to June, 1992. In the evaluation, he recommended that, absent significant improvements in productivity, the plaintiff’s salary be reduced by 17.5 percent in the year thereafter. He also stated that the plaintiff had filed no grant applications, an observation that the plaintiff contested. Czech did not sign this evaluation, and claims that he did not participate in the review. However, the review incorporated by reference the previous year’s review on which Czech did collaborate. In addition, it employed plural references (“we continue to be deeply concerned;” “our conclusion remains the same”), suggesting that Chlapowski intended to reflect Czech’s opinion as well as his own. On May 2, 1993, the plaintiff filed a complaint with the Massachusetts Commission Against Discrimination alleging that the defendants retaliated against him because of his support of his wife’s sexual harassment charge. This filing also served as a filing with the United States Equal Employment Opportunity Commission. The plaintiff also filed a grievance, claiming that it was a conflict of interest for Chlapowski to evaluate him. At the request of the grievance committee, Chlapowski withdrew from the evaluation process and a three-member, ad hoc personnel action committee was appointed to conduct future evaluations of the plaintiff. Although the plaintiff was entitled to select one member of the ad hoc committee, with that member joining in the selection of the third, he declined to make a choice. The department members then selected two of their number to serve, with those two choosing a third. As so constituted, the ad hoc committee included Dr. Thomas Miller, a close friend of Chlapowski who had had a recent conflict with the plaintiff. The ad hoc committee conducted three evaluations of the plaintiff. In its report of June 9, 1994, for the period July 1, 1992, to April 1, 1994, the committee accused the plaintiff of being deliberately unproductive, having performed no research and making no genuine attempts to obtain funding. It voted to reduce his annual salary by 17.5 percent, recommended that his laboratory space be taken away entirely, and threatened him with an additional 17.5 percent reduction the following year if his performance did not improve. In its 1995 report for the period April 1, 1994, to March 31, 1995, the committee in fact reduced the plaintiff’s salary by a second 17.5 percent. The committee evaluated the plaintiff a final time on July 10, 1996, for the period April 1, 1995, and following, and then resigned, stating that it was a waste of time to evaluate someone who was not doing anything. In 1996, Edward Bresnick, a vice chancellor for research who had succeeded to the position of the plaintiff’s evaluator, requested that Chlapowski document his concerns about the plaintiff. By letter dated August 21, 1996, Chlapowski accused the plaintiff of a complete lack of productivity, “incorrigible and unethical” behavior, and the improper use of his university computer for personal matters. In 1997, medical center Chancellor Aaron Lazare commenced termination proceedings against the plaintiff. Czech and Chlapowski gave information used by the University in connection with these proceedings, and in 1998, they testified at the hearings. After the hearings concluded, Lazare requested that Czech review a transcript of the plaintiff’s testimony. On February 5, 1999, Czech wrote to Lazare, discrediting the plaintiff’s testimony and claiming that he had received tenure under “false pretenses.” Ultimately, the University’s board of trustees, acting on Lazare’s recommend
Similar Rulings
Browse Related
Facing something similar at work?
Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.
This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.
See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.