Opinion | University lecturers suit over firing based on (allegedly) consensual kissing of studen

This case arises from the non-renewal of an employment contract for a non-tenured professor. Plaintiff, Dale Wilkerson, was originally hired by the University of North Texas … in 2003 as a Lecturer in the Department of Religion and Philosophy … in the College of Arts and Sciences. In 2008, Plaintiff was reappointed and promoted to Principal Lecturer. Plaintiff held that position until his termination in June 2014. Principal Lecturer is the highest level attainable at UNT for any teacher who is not tenured or on a tenure track appointment. The only known causes for discharge of teachers with long years of service were because of elimination or reduction of a particular program, a general reduction in force, or the commission of a serious violation of UNT’s policies and procedures.

Plaintiff’s complaint centers around an allegedly wrongful discharge by UNT that was based at least in part on a relationship that UNT deemed to be inappropriate.

On March 1, Plaintiff met a 26-year-old[ female], CB, at a graduate student recruitment weekend at the house of the Director of Graduate Studies (“DGS”) Dr. Gene Hargrove …. CB had applied to UNT in the Fall 2011 semester, and was admitted for the Fall 2012 semester, but deferred her enrollment until the Fall 2013 semester.

On May 31, 2013, Plaintiff was approached at a local bar by CB who was in town for job training. On June 2, 2013, CB went to Plaintiff’s house. According to CB’s complaint with the Office of Equal Opportunity (“OEO”), Plaintiff held CB down, kissed her, and asked her to undress while at Plaintiff’s house. Plaintiff kissed CB again when he dropped her off at her house. Plaintiff admits to kissing CB, but denies holding her down, asking her to undress, or that either kiss was not consensual. CB did not recall who initiated either kiss but claimed that they were not consensual.

On June 30, 2013, CB invited herself to attend a concert in Memphis, Tennessee, that Plaintiff was attending with a platonic female friend over the Fourth of July holiday. CB, Plaintiff, and the female friend agreed to share a hotel room to save expenses. No sort of romantic activity occurred. It is not until this time that Plaintiff claims to have learned of CB’s enrollment at UNT. Until this point in time, CB was not taking and had not taken any courses by Plaintiff. Plaintiff was appointed to DGS in September 2013 by Dr. Patricia Glazebrook …, the Department Chair of Philosophy and Religion Studies.

On February 7, 2014, CB filed a complaint alleging sexual harassment by Plaintiff during the June 2, 2013 encounter. On February 24, 2014, the OEO issued a formal complaint.

On March 26, 2014, Glazebrook conducted Plaintiff’s evaluation for 2011–2013. Among other statements, she noted that Plaintiff ranked second out of thirteen faculty members for teaching. In early April 2014, Plaintiff asked Glazebrook why he had not received a letter renewing his teaching appointment for the 2014–2015 academic year. Glazebrook told Plaintiff that she was withholding the letter pending the outcome of a complaint to the OEO.

In a report dated May 12, 2014, the OEO found (1) at the time of the incident, Plaintiff did not have authority over CB and therefore could not be in violation of the consensual relationship policy; and (2) there was insufficient evidence to establish a violation of UNT’s sexual harassment policy. CB did not appeal the OEO’s finding.

On July 3, 2014, Plaintiff received a letter from Glazebrook notifying him of UNT’s decision not to renew his contract.

Plaintiff appealed his discharge to the College of Arts and Sciences Grievance Committee (“CASGC”). The CASGC found (1) that Glazebrook violated the Philosophy Department By-Laws; (2) that she had been uncooperative and untruthful during the investigation; (3) that due process and equal protection standards were clearly violated; and (4) that there was no factual basis for firing Plaintiff. The report dated July 25, 2014, unanimously recommended that the Dean reverse Glazebrook’s decision.

The CASGC report was forwarded to the Dean of Arts and Sciences, Dr. Arthur Goven …. Goven found that Plaintiff acted with “poor professional judgment” based on statements by Glazebrook that Plaintiff had accepted the job as DGS before June 2, 2013 and knew or should have known that CB would be under his influence in the fall semester.

Plaintiff appealed to the Provost and Vice President for Academic Affairs, Dr. Warren Burggren …. Burggren charged a subcommittee of the CASGC …. In a report dated January 26, 2015, The Subcommittee found that Plaintiff’s due process rights had been violated because Glazebrook failed to consult with the Department Personnel Affairs Committee. However, the Subcommittee ultimately found that Plaintiff “did indeed exercise poor professional judgment.” The Subcommittee stated that the “charge of poor judgment would remain whether or not Wilkerson was DGS because his involvement with the female student was not appropriate given her position as an incoming graduate student and employee in the [Department].” Further, the Subcommittee recommended that because Plaintiff’s incident was one of several cases involving Department faculty members, “[t]hese problems must be addressed in a thorough and systematic fashion.” The Subcommittee did not make a recommendation whether Plaintiff should be fired or reinstated.

On March 17, 2015, the Interim Provost and Vice President for Academic Affairs, Finley Graves, sent Plaintiff a letter upholding the decision to not reappoint Plaintiff….

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