maxparrish
Veteran Member
- Joined
- Aug 30, 2005
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- Basic Beliefs
- Libertarian-Conservative, Agnostic.
The briefs are far too long to quote, but here is a sampling, by the plaintiff:
http://www.adfmedia.org/files/AdamsSummaryJudgmentResponseBrief.pdf
http://www.adfmedia.org/files/AdamsSummaryJudgmentResponseBrief.pdf
When Dr. Adams applied for promotion in 2006, his record spoke for itself. For teaching, his student evaluations were well above the Department average (MSJ Ex. 8 App. 7 [Doc. 140] sometimes even achieving the Department’s top scores—while he simultaneously maintained a “heavy caseload” of student advisees (Compl. Ex. 9 at 16; Compl. Ex. 11 at 19, Compl. Ex. 14 at 26; Compl. Ex. 45 at 96). For research, he had published more peer-reviewed articles in his career (eleven) than seven
of the nine members of the Department, including his current and previous chairs—Drs. Cook (eight) and Levy (six). (MSJ Ex. 8 App. 4 [Doc. 135-14] at 206.) Only two Department colleagues topped his five peer-reviewed publications since the last promotion. (MSJ Ex. 8 App. 5 [Doc. 135-15] at 208.) In fact, no professor with a similar number of peer-reviewed publications had ever been denied promotion at the Department level. (Adams Decl. [Doc. 135-10] ¶ 16.)
Regarding service, he had advised seven student organizations and had served on twenty seven University or Department committees, while making over 125 public appearances as a speaker, lecturer, debater, moderator, interviewee, guest, host, reviewer, and writer in various local and national venues such as newspapers, radio shows, television shows, universities, conferences, and organizational meetings. (Compl. Ex. 45 at 108–20.) Additionally, Dr. Adams’ multiple columns and speeches on cultural, constitutional, and sociological issues constituted service to the wider community.3 (Id. at 112–20.) Thus, an elite student society awarded him his crowning service achievement, the Golden Seahawk. (Id. at 111.)
II. DR. ADAMS FACED EXPLICIT VIEWPOINT DISCRIMINATION.
After becoming a Christian conservative in 2000, Dr. Adams’ work environment changeddramatically. In 2001, his cautions against “interject[ing] political and religious bias into the hiring process” prompted Dr. Snowden to defend such political discrimination and to remove him from the faculty e-mail list for supposedly “campaigning for Bush.” Later, an e-mail to a student about the September 11th attacks prompted a campus-wide furor that landed Dr. Adams on Hannity & Colmes. Two months later, Dr. Snowden accused him of “workplace terrorism” and a “hate crime” by claiming—without a shred of evidence—that he sprayed an “unknown gas” or “pepper spray” in her office. These charges, which remained open for five years, became one of the “stories of the university.” She later accused him repeatedly of sexually harassing students, again without a shred of evidence.
In 2002, Dr. Adams began writing columns that were ultimately published on Townhall.com. They not only critiqued the University and Department but also addressed other cultural and campus issues from a conservative perspective. But even as he added “national columnist” to his CV, he continued to publish peer-reviewed scholarship at the same rate as before, continued to receive excellent teaching evaluations from his students, and continued to serve UNCW by advising students and student groups.
However, Dr. Adams’ columns frequently frustrated his colleagues, who took issue with his conservatism, often in crude terms. By April 2004, Dr. Willis instructed Dr. Adams not to discuss the columns at work as they disturbed a secretary. When Dr. Adams explained his upcom-However, Dr. Adams’ columns frequently frustrated his colleagues, who took issue with his conservatism, often in crude terms. By April 2004, Dr. Willis instructed Dr. Adams not to discuss the columns at work as they disturbed a secretary. When Dr. Adams explained his upcom-ing absence from a dinner party due to a National Rifle Association dinner, Dr. Levy (the interim chair) mocked him: “Go on . . . to your fascist pig meeting.” Dr. Snowden called him a “pathological liar” who was “mentally unbalanced” in the local paper, and Dr. King derided him as a “wannabe right wing pundit.” Dr. Levy also reprimanded him for his columns, saying he should change his “caustic” and “meanspirited” tone to be more “cerebral” like William F. Buckley.
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This institutional bias extended to Chancellor DePaolo and other high ranking University officials. Though Chancellor DePaolo publicly acknowledged Dr. Adams’ free speech rights, she privately “prompt[ed]” the Faculty Senate to add “collegiality” to the promotion criteria because of the alleged “personal attacks” in Dr. Adams’ columns. Though unsuccessful, this action constituted an unmistakable and explicit attempt to scuttle his promotion prospects due to his conservative columns.
By 2005, the institutional bias against Dr. Adams intensified. Dr. Levy gave him a poor 2004 annual evaluation,4 stating that he was spending too much time focused on “political matters” and not enough on research—a judgment she made without even examining his scholarly output. Had she done so, she would have discovered that his eleven career peer-reviewed publications to date—five of which he had produced since tenure—almost doubled her six peer-reviewed publications at the same stage of her career. Indeed, Dr. Adams’ scholarly research output exceeded all but two of the Department’s nine professors. She also opined that his service to the Department and the University suffered due to his political activities. (Pl.’s 1st MSJ Resp. [Doc. 135] at 5–6 ¶ 11.) But thatsame year, the Pandion Society—a society of the most exceptional UNCW students—granted him the “Golden Seahawk,” a service award reserved for the “most outstanding leader among all individuals, departments, and organizations at UNCW.” (Compl. Ex. 45 at 111.)
In 2006 when Dr. Adams addressed transgender issues in several of his columns, the Gender Mutiny Collective—an anarchist group from Chapel Hill—intimated that he might pass on “transphobia” to his students. Without receiving a single complaint from UNCW students and without any knowledge of the organization, Chancellor DePaolo accepted this complaint at face value and ordered Dean Cordle and Dr. Cook (the new Department chair) to investigate whether Dr. Adams was “passing on transphobic views to students.” After a week-long secret investigation, involving Dr. Willis and Dr. Levy, Dr. Cook reported back that she had found no evidence against Dr. Adams.
Had Chancellor DePaolo fully examined Dr. Adams’ teaching record, she would have found that he was one of the most highly rated teachers in the Department, scoring well above the Department average on student evaluations and sometimes with the highest scores in the Department. While often attracting the “highest course enrollment [numbers] among all of the, he also consistently maintained a “heavy caseload” of thirty or more student advisees,7 and every year was identified by graduating seniors as having made distinctive contributions to their success at.
In February 2006, Dr. Snowden again accused Dr. Adams of harassment without evidence. After this final false allegation, UNCW finally resolved her still-pending 2001 felony accusation with the campus police finding it wholly unsupported.
III.DR. ADAMS WAS DENIED PROMOTION DUE TO HIS POLITICAL EXPRESSION.
In its Order denying Defendants’ Motion to Dismiss, this Court recounted Dr. Cook’s explanation or the promotion denial (Order [Doc. 117] at 7–8), how Dr. Adams’ contested it (id.), and how he alleged that his political views contributed to the denial (id.). Discovery confirmed and expanded on these facts, painting in vivid colors what Dr. Adams only sketched in his complaint.
In July 2006, when Dr. Adams formally applied for promotion to full professor, he was required to “have exhibited during [his] career distinguished accomplishment in teaching, a tangible record of research . . ., and a significant record of service.” Teaching received the greatest emphasis, followed by research, with service a distant third. (Pl.’s 1st MSJ Resp. at Notably, the faculty handbook does not limit the consideration of an applicant’s “career” to only his career at the University, instead looking at the entire body of his work.
Empirically, Dr. Adams’ record was overwhelming in every area. For teaching, his above Department average student evaluations, multiple teaching awards and recognitions, and “heavy caseload” of student advisees testified to his dedication. Regarding research, his eleven career peer-reviewed articles (with five coming since receiving tenure) surpassed all but two of his colleagues at corresponding junctures in their careers. No professor with a similar record had ever been denied promotion at the Department level. His service spanned from student organizations to University and Department committees to his growing national demand as an author, speaker, and commentator. (See supra Summary I; Pl.’s 1st MSJ Resp. [Doc. 135] at 7–8 ¶ 16.)
Hence, sources outside of his Department recognized Dr. Adams’ accomplishments: students generated his SPOT (i.e., student evaluation) scores (Lagrange Dep. [Doc. 140-10] at 11); his teach-ing awards and recognitions, with one exception,8 were conferred by students, the Dean of Students’ Office, and the state legislature9; independent juries of editors reviewed and published his refereed journal articles; and an elite student society awarded his crowning service achievement, the Golden
Seahawk. (Compl. Ex. 45 at 100–04, 111.)
In contrast, his internal Department peers’ subjective evaluations of his work had been sliding. Despite his high student evaluations, his peers marked down his teaching without even watching him teach. (Pl.’s 1st MSJ Resp. [Doc. 135] at 7 ¶ 14.) Despite his publishing scholarly articles at a rate exceeding all but two members of the Department, they downgraded his research. Despite his extensive work with students and in spite of the fact that his columns and speeches provided the public with the benefit of his considerable sociological expertise, members of the Department slighted his accomplishments while openly applauding the “activism” of more liberal members of the faculty. (MSJ Ex. 2 [Doc. 135
This decline in internal evaluations coincided with Dr. Adams’ increased public criticisms of Defendants. ...This criticism stirred up considerable hostility against Dr. Adams—hostility expressed inwriting. Before meeting with the senior faculty about his promotion, Dr. Cook solicited their remarks. Though Dr. Adams received positive reviews from several faculty members, others applied incorrect standards to minimize his research, misrepresented his accomplishments, and considered prohibited criteria. Many unleashed a storm of disparaging comments about Dr. Adams’ conservative books and columns.
As Dr. Cook edited and retyped these remarks into a single document to direct the upcoming discussion with the senior faculty, she distorted the record by including predominantly negative comments, omitting positive comments, providing incorrect promotion standards, deflating Dr. Adams’ publication numbers, and repeating statements she knew to be false.
Dr. Snowden—who had lodged multiple false complaints against Dr. Adams, including the incredible and false complaint that he had tear-gassed her office—could not attend the September 14th senior faculty meeting where Dr. Adams’ promotion was to be discussed. Despite her obvious conflict of interest, the senior faculty unanimously voted to allow her to vote by proxy, and Dr. Cook (who was fully aware of Dr. Snowden’s false claims against Dr. Adams) personally cast this proxy against Dr. Adams.
...Regardless of the justification given—whether Dr. Cook believed Dr. Adams was deficient in all areas (as she told Dr. Adams) or merely deficient in one (as she told Dean Cordle)—the result was the same: For the first time in Department history, an associate professor was denied promotion to full professor at the Department level with a teaching, research, and service record like Dr. Adams’. He was denied through a process where his political and ideological views were expressly mentioned as relevant, his conservative views and writings held against him, and colleagues with obvious conflicts of interest permitted to vote against him—by proxy. And these actions took place against the immediate backdrop of a Chancellor-initiated secret investigation of Dr. Adams alleged “transphobia,” an investigation directly triggered by his columns. When Dr. Cook denied Dr. Adams’ promotion there was no doubt where her Chancellor stood on the issue—or the reasons for her hostility.11 In short, Dr. Adams is prepared to present voluminous evidence to a jury, evidence that explicitly demonstrates that Defendants considered his viewpoint when they denied his promotion.