Adams v. Trustees UNC Wilmington, et al. - National Association of ...

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organization were too preoccupied wi th "masturbation andpartial-birth abortion advocacy" to read books or news articlesin their entirety i "detached from reality" i "stupid enough tothink they can achieve political equality by killing their offsprings"i "irrational [and] hopelessly caught up in the past" iand should change their name from NOW to "Totally HystericalEmotional Nabobs" (THEN). (Snowden Dep. Ex. 8.) An individualfrom outside the university brought this to the attention ofUNCW faculty and administrators.In debating how (if at all) torespond, Snowden suggested the university might "interpret the .article as sabotage," given its graphic content andplaintiff's inclusion of his place of employment and jobdescription at the conclusion of the article. (Id. )In the second incident highlighted by plaintiff in hisresponse brief, agroup called the "Gender Mutiny Collective"wrote to defendants DePaolo, Cordle, and Cook, among others,about plaintiff's "transphobic essays," concerned that plaintiffwould "pass on his transphobic attitude to his law enforcementstudents, thus perpetuating transphobia and transphobicviolence." (Cook Dep . Ex . V.) Defendant DePaolo wrote todefendants Cordle and Cook and another individual (Paul Hosier),stating, "Please respond to me concerning the charge of passing10Case 7:07-cv-00064-H Document 146 Filed 03/15/2010 Page 10 of 39
on transphobic views to students." (Id. ) 5 Cordle and Cookresponded, with Cook noting no student complaints regarding theissue and supporting the notion that plaintiff's discussion oftransgender issues in his class, if it occurred, would fallwithin the ambit of academic freedom. (DePaolo Dep. Exs. 6-7.)II.Plaintiff's Application for Promotion to Full ProfessorAt the end of July 2006,plaintiff formally applied forpromotion to full professor. The UNCW Faculty Handbook setforth "guidelines" for "interpreting and applying" the criteriafor promotion.These guidelines principally explained thatthe cumulative performance record of the facultymember under consideration is evaluated in four areas:teaching, research or artistic achievement, service,and scholarship and professional development. Thefaculty member's cumulative performance record shoulddemonstrate evidence of steady growth and maturation.[E] xcellence in teaching and in artistic achievementor research accomplishments rank highest among thecriteria for tenure and promotion decisions. Topreserve the strength and diversity of disciplines inthe College of Arts and Sciences, the criteriawill be reviewed with sufficient flexibility to permitrecognition of departmental needs and individualfaculty contributions.[M]eeting any quantifiable measures provideddoes not guarantee the award of tenure or promotion.It is the responsibility of the faculty member beingreviewed to provide persuasive documentation thatqualitative criteria as well as any quantifiableaccomplishments have been met. In addition, the5Plaintiff characterizes this one-sentence email asdefendant DePaolo "order[ing]" defendants Cordle and Cook to"investigate" whether plaintiff was passing on transphobic viewsto students. (Pl.'s Resp. Br. at 6.)11Case 7:07-cv-00064-H Document 146 Filed 03/15/2010 Page 11 of 39
Page 1 and 2: IN THE UNITED STATES DISTRICT COURT
Page 3 and 4: against defendants in their officia
Page 5 and 6: The university undertook considerab
Page 7 and 8: their hope that the column and the
Page 9: Research: Plaintiff had one article
Page 13 and 14: at large." (Id. ) For promotion to
Page 15 and 16: Defendant Cook was required to deci
Page 17 and 18: presentations. Levy also had proble
Page 19 and 20: Dr. Gary Faulkner ("Faulkner") comp
Page 21 and 22: faculty voted on plaintiff's applic
Page 23 and 24: On September 29, 2006, Cook sent an
Page 25 and 26: In making this determination, the c
Page 27 and 28: To prove his Title VII claim, plain
Page 29 and 30: or passed over for a promotion in f
Page 31 and 32: comparison of records to support a
Page 33 and 34: 1985) . Here, however, plaintiff's
Page 35 and 36: professional duties, plaintiff's in
Page 37 and 38: support plaintiff's contention that
Page 39: CONCLUSIONFor the foregoing reasons

Adams v. Trustees UNC Wilmington, et al. - National Association of ...

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