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Garmon v. Fisk University3/9/1999
A white college professor denied tenure sued his university employer for breach of contract and racial discrimination. The Chancery Court of Davidson County dismissed both claims. We reverse the judgment dismissing the contract claim and affirm the ruling on the discrimination claim.
I.
Meredith Garmon, a graduate of the University of Virginia with a doctor's degree in philosophy, was employed by Fisk University on a four year tenure track in 1992. The university renewed his contract in 1993 and 1994 for the academic years that followed.
Tenure at Fisk is governed by the Faculty Handbook. In accordance with the handbook, the dean of academic affairs notified Dr. Garmon on October 18, 1994 that his probationary period would expire at the end of the 1995-96 academic year and that he needed to begin the year-long application process immediately. The process included the preparation of a dossier by Dr. Garmon containing the information set out in the handbook. Dr. Garmon delivered the dossier to the first reviewing committee on February 14, 1995.
The faculty handbook says that consideration for tenure shall be based on teaching, scholarship other than teaching, service, and institutional need. The review process goes through several stages. The first stage is a review by the Search and Review Committee composed of the division chairperson, two senior faculty members, a junior faculty member, and a student. The Search and Review Committee makes a written recommendation to the Committee on Promotion and Tenure, composed of five tenured full professors elected by the faculty. That committee makes a recommendation to the dean of academic affairs, who in turn forwards the recommendations of the two committees, along with his own recommendation, to the president of the university. The president recommends tenure to the board of trustees.
Dr. Garmon's application passed through the two committees with a unanimous recommendation for tenure. The dean of academic affairs, however, rejected the recommendation on the basis of institutional need. He stated that he relied on the University Fact Book, which showed there were only three students majoring in religious and philosophical studies, the department in which Dr. Garmon was employed. Since that department already had one tenured professor, the dean decided not to recommend tenure for another.
The fact book showed that the department had never had more than seven majors, and the average for the five years ending in 1994 was 4.6. In 1992, when Dr. Garmon was hired on a tenure track, the number was five. In a letter addressed to the dean on May 1, 1995, just four days before the dean rejected Dr. Garmon's application, the division head reported that the number of majors in the department was ten.
Before acting on Dr. Garmon's request for tenure, the academic dean requested some more information from the head of the division of Humanities and Fine Arts. The head of the division responded one day before the dean had to make his recommendation to the president. The letter reported that Dr. Garmon was teaching less than a full load and that the projected teaching load for the fall semester was the same. Dr. Garmon was not given the chance to refute that evidence and the evidence at the trial showed that he had taught a full load every semester. The university president relied solely on the negative recommendation of the academic dean in making his recommendation to the board of trustees.
After learning that his request for tenure had been turned down, Dr. Garmon requested reconsideration. He also filed a grievance with the University Grievance Committee as provided in t
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