Brian Smith
An Eastern Kentucky University marketing professor is suing the university, the EKU Board of Regents and the chairwoman of the management, marketing and administrative communication department for allegedly violating his constitutional rights in denying him tenure.
F. Mark Case of Lexington filed the suit Oct. 13 in Madison Circuit Court, alleging that the university violated its own policies and procedures as well as state law and both the state and federal constitutions when administrators declined to offer him tenure in early 2009 and instead offered him a non-tenure professor position.
Case had spent five years as an assistant professor and had generally received positive reviews for the first three years, the suit claims.
However, Case claims that in his fourth evaluation, in December 2007, “the last page of the evaluation contains gratuitous, vague and unsubstantiated references to unprofessional behavior ...” by Case and makes reference only to anecdotal complaints by faculty, students and administrators.
The suit claims that after Case submitted a rebuttal to department chairwoman Lana Carnes, the negative comments were not removed from the evaluation, and despite a promised investigation into the situation by the university’s general counsel, no changes were made.
In Case’s 2008 review, he claims that Carnes submitted as part of the review a separate report recommending he not be reappointed to his position because he was not making sufficient progress toward gaining tenure.
Case appealed that ruling to the university provost’s office, which denied the appeal on April 15, 2009, the case states. Case also claims he received a letter from EKU president Doug Whitlock dated March 18, 2009, saying that Case would not be recommended for tenure at an April meeting of the EKU Board of Regents.
In July 2009, Case claims he was offered a non-tenured teaching position.
The suit alleges that university administrators failed to follow established policies “in retaliation for the plaintiff’s (Case’s) exercise of speech rights guaranteed him under the First Amendment,” and claims those actions violated Case’s rights under the Fourth, Fifth and Fourteenth Amendments as well as Article 2 of the Kentucky Constitution.
Case’s suit also alleges that EKU officials violated a state law that places tenure decisions solely under the control of the university’s board of regents.
The suit seeks damages including lost wages, legal fees and court costs as well as an injunction requiring the university to appoint Case to a tenured teaching position.
In response to the suit, EKU attorneys claim that officials acted according to university policies and procedures as well as state and federal laws, and ask the court to dismiss the case.
Case still is listed as an assistant professor in marketing on the department’s Web site.
The case is assigned to Madison Circuit Judge William G. Clouse.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.
