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Cummings v. Commonwealth11/1/2004
Robert R. Cummings, D.Ed., (Cummings) appeals from an order of the Court of Common Pleas of the 26 th Judicial District (Columbia County Branch) (trial court) denying his post-trial motion for a new trial or for judgment notwithstanding the verdict. Cummings' motion followed the trial court's ruling that Bloomsburg University did not unlawfully discriminate on the basis of sex when it offered Cummings a one-year position as assistant professor, as opposed to a tenure track position.
In 1998, Cummings filed a complaint against the Commonwealth of Pennsylvania, State System of Higher Education, Bloomsburg University of Pennsylvania (the University) in which he asserted that the University discriminated against him on the basis of his gender, in violation of Section 5 of the Pennsylvania Human Relations Act, Act of October 27, 1955, P.L. 744, as amended, 43 P.S. ยง955. Cummings alleged that in 1994 the University did not offer him a tenure track position as student teacher supervisor because at the time the University was under threat of a sex discrimination law suit from several female job applicants. Cummings sought the following relief: a tenure track position at the University; compensatory damages for lost wages and benefits as well as for non-economic losses; punitive damages; and attorney fees. The University denied Cummings' allegations and contested his right to any relief.
In February of 2003, the trial court conducted a four-day trial at which it found the following material facts. In 1994, the University's Department of Curriculum and Foundations (Department) advertised openings for four tenure track assistant professor positions. The Department formed a faculty search and screen committee (Search Committee) to screen the applications and to coordinate candidate interviews. Interviews of the screened applicants were conducted by the (1) Search Committee, (2) Department faculty not serving on the Search Committee, (3) the Chairperson of the Department, Dr. William O'Bruba (Department Chair), and (4) the Dean of the College of Professional Studies (Dean), Dr. Howard K. Macauley. The process then called for the Department Faculty to vote on those interviewed and recommend a candidate to the Dean. If the Dean agreed with the vote, he would recommend that candidate to the Provost, who, in turn, would then recommend the candidate to the University President. Neither the Dean nor the Department Chair had the authority to offer a position to an applicant; hiring was the responsibility of the University President.
On August 18, 1994, Cummings was interviewed along with two other candidates, Dr. Carol Hodes and Dr. Mary Ann Rudy. Cummings did not fare well in his interview with the Dean, who found that Cummings lacked an established record of scholarship and failed to express an interest in future scholarly growth. Specifically, Cummings presented no evidence of grant writing experience, delivering papers to peers or making other contributions to professional organizations. On the day of Cummings' interview, the Dean shared his concerns with the Department Chair, who agreed with the Dean's assessment of Cummings' qualities as a scholar. However, the Department Chair reminded the Dean that Cummings was retired from the public school system, where scholarship was not expected as it was in a university position. The Department Chair also informed the Dean at their August 18, 1994, meeting that Cummings had been the Search Committee's third choice for interview because his credentials were not as strong as the first two candidates.
On about August 23, 1994, Cummings received a majority vote of the Search Committee. The Department Chair left a telephone message for C
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