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Fourshe v. Center for Creative Studies2/19/2002
UNPUBLISHED
Defendants appeal by leave granted the trial court's order denying their motion for summary disposition of plaintiff's age discrimination claim. We reverse.
Defendant Center for Creative Studies (CCS) offers bachelors degrees in the fine arts. Plaintiff was a member of the graphic design faculty at CCS. He was hired as an instructor in 1972. In 1983, he was promoted to associate professor and he became a professor in 1986. After becoming a full-time professor, plaintiff and CCS entered into an employment contract which was renewed in 1991 and 1995. Plaintiff consistently received pay raises and positive performance reviews.
In 1993, the North Central Association of Colleges and Schools, an accrediting organization, reviewed CCS and found it in such administrative and academic turmoil that it renewed CCS's accreditation for only a three-year term. In March 1994, an executive committee of CCS sent a memorandum to plaintiff and others concerning the importance of integrating computers into the curriculum and a planned addition of a computer class to the Fall 1994 semester. North Central again reviewed CCS in 1996 and found much improvement, but identified the graphic communications department as the weakest department and most in need of improvement. The accreditation report criticized the failure of the full-time graphic communications faculty to become familiar with and utilize the rapidly growing digital technologies relevant to the graphic design field.
In the fall of 1997, Department Chair Douglas Kisor met with all four full-time faculty members, including plaintiff, to discuss their skills and teaching strengths. Kisor informed plaintiff that he needed to update his computer skills. Kisor recommended certain software programs that he expected plaintiff to learn, such as Illustrator and Quark Express. Plaintiff undertook to teach himself using software programs and tutorials. Plaintiff and Kisor communicated throughout the next several months regarding plaintiff's progress. Although there was some uncertainty and confusion regarding the specifics of the fall 1998 curriculum, plaintiff was aware of the "new direction" the department was taking to integrate computer software into the curriculum, as he indicated in a December 1997 memorandum to Kisor.
In May 1998, CCS hired Mark Sylvester, an outside evaluator, to evaluate the capabilities and skills of the full-time faculty to teach the new curriculum which had been updated to include the current digital technologies utilized in the graphic design field. The purpose of the evaluation was to give Kisor some guidance as to the faculty members' abilities and placement in the new curriculum for the fall semester. Plaintiff scored poorly on the evaluation and Sylvester opined that plaintiff did not possess the requisite skills to teach the current digital technologies. Sylvester communicated his assessment to Kisor. In a letter dated June 2, 1998, CCS informed plaintiff that his contract would not be renewed and terminated his employment. The letter cited plaintiff's below-average rating on the evaluation, as well as a lack of participation in outside organizations and a poor record of student advising. Plaintiff was fifty- five years old at the time.
Plaintiff brought this action against CCS and its president, defendant Richard Rogers, alleging breach of contract and age discrimination under the Michigan's Civil Rights Act, MCL 37.2101 et seq. Defendants moved for summary disposition pursuant to MCR 2.116(C)(10) on both counts. With respect to plaintiff's age discrimination claim, defendants argued that summary disposition was proper because plaintiff could not demonstrate a genu
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