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Bentil v. University of Washington2/25/2002
Res judicata bars the relitigation of claims actually brought in a prior action, or matters that could have been raised, and in the exercise of reasonable diligence should have been raised in the prior proceeding. Bentil's current suit against the University of Washington, alleging constructive discharge and violations of due process, arose out of the same nucleus of facts, relies on the same evidence, and defends the same rights at issue in a previous suit which was dismissed with prejudice.
Therefore, we affirm the trial court ruling and dismiss Bentil's second suit.
FACTS
Kewku K. Bentil was appointed Associate Professor and Chair of the Department of Building Construction at the University of Washington (University). Before he accepted the positions, Bentil was advised that his chair appointment was administrative and would be subject to review at least every four years.
Four years after Bentil's appointment as Chair of the Department of Building Construction (Department), the Dean of the Department, Jerry Finrow, began the process of forming a review committee. Dean Finrow endeavored to 'solicit comments' regarding the incumbent's 'past policies and practices' as well as his 'projections of future goals' from 'all concerned constituencies: faculty, students, staff, other administrators, relevant faculty councils, and, if deemed appropriate, knowledgeable persons from outside the University' as required by the University Handbook. Thus, the review committee conducted open meetings with faculty, staff, and students; made a confidential survey available; held departmental meetings; and received e-mail comments through a dedicated account. The committee also received information from the Department's Industry Advisory Board.
The committee recommended to Dean Finrow that Bentil not be reappointed as Chair of the Department, and Dean Finrow wrote Bentil advising him that his appointment as chair would end that fall. Bentil retained his non-administrative position as Associate Professor with the Department, but he resigned that faculty position 'under protest' by letter. Unbeknownst to the University, Bentil had actually applied for positions with at least seven other academic institutions prior to the creation of the review committee. Bentil had accepted a position at another academic institution seven days before his resignation. The President of the University did not accept Bentil's resignation until he failed to show up for the next academic term.
Early in 1997, Bentil filed suit against the University and Dean Finrow alleging racial discrimination, intentional interference with Bentil's employment contract, and defamation. In his complaint, Bentil focused on the circumstances of the chair review process. Bentil also realleged facts in his complaint that were phrased as general claims:
13. Dean Finrow then adopted and implemented a systematic and discriminating scheme to deprive plaintiff of his position, to deny plaintiff a promotion, and to create a work environment that would force plaintiff to leave his employment with the University.
14. Dean Finrow:
14.1 Adopted evaluation criteria contrary to University policy, which were subjective and discriminatory in content and application;
14.10 Improperly forced plaintiff to resign his position as Chair of the Department of Building Construction;
14.15 Actively encouraged and/or approved the decision-making process of the review committee, which caused the committee's decision to be based on conjecture, rumor, and flawed information and data.
17. Dean Finrow knew that this action would make i
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