Ganguli v. University of Minnesota

Citations: 512 N.W.2d 918; 1994 Minn. App. LEXIS 224; 1994 WL 76496Docket: C6-93-1301

Court: Court of Appeals of Minnesota; March 15, 1994; Minnesota; State Appellate Court

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Aparna Ganguli, employed by the University of Minnesota since 1985, was denied tenure and her probationary appointment was terminated. Following this decision, Ganguli sought a writ of certiorari to review the University's actions, arguing that they breached her employment contract, followed improper procedures, and were arbitrary and capricious. The Court of Appeals of Minnesota found merit in her claims, reversing the University's decision and remanding for a complete evidentiary hearing before the full University Senate Judiciary Committee.

Ganguli, who earned her Ph.D. in 1986 and was promoted to a probationary tenure-track position, underwent a tenure review process that was complicated by the removal of Professor David Giese due to perceived bias against her. Dr. Thomas Brothen replaced him and, despite generally positive annual reviews and favorable external evaluations—culminating in significant support from faculty votes for tenure and promotion—Brothen's negative assessment characterized her case as "marginal." The Dean of the General College, although supportive of Ganguli’s tenure application, noted it was not the strongest case. Ultimately, Provost Ettore Infante, after discussions with the Dean, concluded that the votes against her tenure were indicative of a lack of a "compelling" case. Notably, the University’s own regulations did not require a "compelling" case for tenure, and abstentions should not have been interpreted negatively. Vice Provost Anne Hopkins recommended tenure and promotion for Ganguli, indicating internal support for her candidacy.

In April 1992, Infante terminated Ganguli's appointment and denied her tenure and promotion. In response, Ganguli filed a complaint with the University's Senate Judicial Committee, which appointed a three-member panel, including hearing officer David Born. Born initially classified Infante's response as a motion to dismiss but denied it, citing insufficient grounds for dismissal. Ganguli then filed a motion for summary judgment, which was discussed at a pre-hearing conference, although the transcript was largely inaudible. During the hearing, it was noted that Dr. Brothen's involvement from a different division was unusual, as was the request for over 40 external review letters, while typically only six to ten are needed.

Subsequently, the panel dismissed Ganguli's complaint without fact-finding, concluding Infante did not breach the tenure code. Ganguli was informed of her right to appeal, which she exercised, but the full Judicial Committee unanimously upheld the panel's dismissal. Ganguli and Born later submitted materials to University President Nils Hasselmo, who also accepted the dismissal.

Key issues raised included whether Infante failed to provide substantive reasons for his decision, the panel's ruling against Ganguli's summary judgment motion and lack of a hearing, failure to make factual findings, and whether the panel improperly consulted the full Judicial Committee before deciding on Ganguli's complaint. Additionally, it was questioned whether the University violated Minn. Stat. 181.933 by not informing Ganguli of the true reasons for her termination.

In her appeal to the court via writ of certiorari, Ganguli argued that the University's procedures were quasi-judicial and sought to review the panel's actions based on jurisdiction, regularity, and the merits of the case, as established in precedent cases. The standard of review for certiorari is confined to examining the record for arbitrariness, oppression, unreasonableness, or lack of evidentiary support.

The University's Regulations Concerning Faculty Tenure are integral to the contract with Ganguli. Provost Infante denied Ganguli tenure, citing insufficient quantity and quality of scholarship and a teaching record that did not compensate for these shortcomings. The regulations stipulate that the University cannot contradict the academic unit's initial recommendation without written substantive reasons from the Vice President. The term "substantive" is not defined in the regulations, and the Judicial Committee did not clarify whether Infante's reasons met this standard. Concerns are raised about whether Infante's justification provided adequate "substantive" reasons for the tenure denial. The review process involves assessing if the denial was influenced by prohibited factors or procedural violations. The brevity of Infante's explanation raised doubts about the feasibility of such a review. The faculty expressed skepticism about the substance of Infante's reasons, prompting a request for clarification from the administration. The decision on whether Infante's reasons were "substantive" is remanded to the Judicial Committee, which may also consider defining "substantive" in the regulations.

Ganguli contends that her complaint was wrongly dismissed during the summary judgment motion. The University's rules require the panel to evaluate the necessity of a hearing based on material facts. Ganguli raised significant factual issues, including the consideration of positive votes and potential bias affecting the tenure review. Consequently, the panel's dismissal of her complaint on summary judgment was erroneous, warranting a remand for a full hearing on the merits. Furthermore, neither the panel nor the Judicial Committee provided findings of fact regarding Ganguli's complaint, with the panel concluding insufficient cause for procedural violations.

The complaint against the University has been unanimously dismissed due to procedural issues, specifically the lack of findings from both the panel and the Judicial Committee, which contravenes the University's own regulations requiring such findings. This absence hinders meaningful review and renders the University's decisions arbitrary and capricious, necessitating a remand for a complete and impartial hearing. Ganguli's assertion that the panel improperly contacted the Judicial Committee prior to deciding on her motion was upheld, indicating a lack of impartiality in the review process. Regarding her claim under Minn. Stat. 181.933, the court found no evidence that Ganguli requested reasons for her termination, precluding her from claiming error on that basis, as the issue was not raised in her initial complaint. The case has been marred by procedural errors from the outset, leading to a decision to reverse and remand for a proper hearing where express findings must be issued. Additionally, it is noted that the University may provide Ganguli with a temporary teaching position during the review process. Claims of due process violations were not addressed due to a lack of supporting analysis. The court's review was complicated by the University's failure to provide a complete record.