Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Golovan v. University of Delaware

United States District Court, D. Delaware

November 6, 2014

SERGUEI GOLOVAN, Plaintiffs;
v.
UNIVERSITY OF DELAWARE, et al., Defendants

Page 443

[Copyrighted Material Omitted]

Page 444

[Copyrighted Material Omitted]

Page 445

[Copyrighted Material Omitted]

Page 446

For Serguei Golovan, Plaintiff:C. Scott Reese, Esq., COOCH & TAYLOR, P.A., Wilmington, DE; Christopher Lee, Esq., COOCH & TAYLOR, P.A., Wilmington, DE; Ryan Lockman, Esq., MARK B. FROST & ASSOCIATES, Philadelphia, PA; Mark B. Frost, Esq., MARK B. FROST & ASSOCIATES, Philadelphia, PA.

For University of Delaware, Jack Gelb, Jr., Mark Rieger, and Robin Morgan, Defendants: William E. Manning, Esq., SAUL EWING LLP, Wilmington, DE; James D. Taylor, Esq., SAUL EWING LLP, Wilmington, DE; Gerard M. Clodomir, SAUL EWING LLP, Wilmington, DE.

Page 447

MEMORANDUM OPINION

Richard G. Andrews, UNITED STATES DISTRICT JUDGE.

On May 17, 2013, Serguei Golovan filed suit against Defendants University of Delaware (the " University" ), Jack Gelb, Jr., Mark Rieger, and Robin Morgan, alleging violation of Plaintiff's procedural due process rights under the Fourteenth Amendment and breach of contract. (D.I. 3). On May 15, 2014, Plaintiff filed a motion to amend his complaint to include two additional claims--First Amendment retaliation and violation of Delaware's Whistleblowers' Protection Act. (D.I. 30). The Court will grant Plaintiff's motion to amend his complaint.

Presently before the Court is Defendants' motion for summary judgment. (D.I. 35). Defendants' motion addresses Plaintiff's two original claims and two new claims. The motion has been fully briefed. (D.I. 36, 41 & 48). For the reasons set forth herein, Defendants' motion for summary judgment is granted with regard to each of Plaintiff's four claims.

I. Background

Because the Court is reviewing Defendants' motion for summary judgment, the Court must view the facts in the light most favorable to Plaintiff. On July 11, 2008, Plaintiff received a retention letter (the " Retention Letter" ) from Dr. Morgan, Dean of the College of Agriculture and Natural Resources, offering Plaintiff appointment as a tenure-track assistant professor at the University beginning September 1, 2008. (D.I. 42, Ex. 2). The Retention Letter states in relevant part:

This faculty appointment is full-time and for an initial period of two years. The probationary period for assistant professors shall normally be no longer than six years from the date of first appointment as assistant professor at the University of Delaware. In your case, you would normally be eligible to be considered for tenure not later than the 2013-2014 academic year (your sixth year of academic service) with tenure effective, if the decision is favorable, starting with the fall semester of the 2014-2015 academic year. Separate and apart from your annual performance appraisal, you will be evaluated through peer review regarding your progress toward ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.