Fred Shoucair v. Brown University
Published: Oct. 26, 2004 | Result Date: Sep. 9, 2004 | Filing Date: Jan. 1, 1900 |Case number: PC962896 Verdict – $675,000
Judge
Court
Case Not Filed
Attorneys
Plaintiff
Anne B. Weills
(Siegel, Yee, Brunner & Mehta)
Daniel M. Siegel
(Siegel, Yee, Brunner & Mehta)
Defendant
Facts
The defendant, Brown University, hired the plaintiff, Fred Shoucair, as a tenure track assistant professor in the Electrical Sciences Group of the Division of Engineering in July 1987. The plaintiff is a Lebanese Christian. The plaintiff and Henry Silverman, who became dean of the division of engineering in 1991, differed on a number of issues. The plaintiff objected to Silverman's offensive comments about students and faculty member from minority groups and women. Silverman said that plaintiff "looked like a terrorist." They had a major dispute when Silverman pressured the plaintiff to raise the grades of students in one of the courses that plaintiff taught. During a search process for a new faculty member, the plaintiff objected to the department's "sham" interview of an Asian woman after it already had decided to offer the job to a white male. In 1992, the plaintiff was considered for tenure. Silverman stated that he was recusing himself from the process but made his opposition to plaintiff well-known in the division. Silverman asked Maurice Glicksman, an electrical engineer and former provost of Brown University, to chair the tenure review process. Glicksman refused to solicit letters from some of the external reviewers suggested by the plaintiff and instead sought input from people unfamiliar with the plaintiff's work. The tenure Review Committee ultimately recommended tenure "without enthusiasm." The Electrical Sciences Group and the Division of Engineering recommended against tenure. Brown denied tenure, and plaintiff's contract expired on June 30, 1994.
Result
The jury ruled for the plaintiff on the retaliation claim and for Brown on the discrimination claim. The court reduced the plaintiff's economic damages and refused to award him reinstatement or front pay after finding that he did not sufficiently seek and maintain employment in his field or remain current on its development. The court awarded plaintiff $400,000 for back pay; $175,000 for emotional distress and $100,000 punitive damages.
Other Information
The court denied the defense motions for judgment as a matter of law and for new trial; reduced the back pay award to $280,000; denied the plaintiff's motion for reinstatement or back pay and granted the plaintiff attorney fees of $199,085 and costs of $21,873.
Deliberation
4.5 hours
Poll
8-0 (on all issues)
Length
12 days
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