Latest Case: Throupe v. University of Denver (Civil Procedure)

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AUSTIN SARAT

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Throupe v. University of Denver

Docket: 20-1069

Opinion Date: February 26, 2021

Judge: Timothy M. Tymkovich

Areas of Law: Civil Procedure, Education Law, Labor & Employment Law

Ronald Throupe, a Professor of Real Estate at the University of Denver ("DU"), brought an employment discrimination claim under Title IX against DU as well as several faculty and staff members. In 2013, Throupe was a candidate to serve as director of the Real Estate and Construction Management department. DU ultimately hired outside of the school, bringing in Barbara Jackson to lead the department. According to Throupe, upon Jackon’s arrival, she made clear in conversations with professors, she would force some of the tenured real estate faculty members to leave. In 2014, the University Title IX office was contacted multiple times about Throupe's relationship with a foreign graduate student. In an email to University officials, Jackson concluded "Ron believes he has done nothing but help this girl, but his behaviors have been totally unprofessional and inappropriate, his father/daughter views perverted, and his obsession out of control." The Title IX investigator and DU’s Manager of Equal Employment had a follow-up meeting with Throupe. Afterward, he sent an email to the Manager of Equal Employment formally reporting a hostile work environment. When Throupe later asked whether any actions had been taken in response to his report, the investigator told Throupe his claim “did not result in any formal investigation by the Office of Equal Employment.” However, the school issued him a written warning, admonishing him from further contact with the student. Throupe maintained that Jackson continued to harass him even after the written warning. The district court granted summary judgment for the defendants. Although Throupe had dedicated little space in his briefing to arguing any theory of sex discrimination, the district court identified two theories of sex discrimination in Throupe’s argument: that defendants created a hostile work environment and engaged in disparate treatment against him. But the court determined that Throupe had failed to establish a prima facie case of sex discrimination under either of these theories. Having dismissed Throupe’s sole federal claim, the district court declined to consider the remaining state law claims due to lack of subject-matter jurisdiction. The Tenth Circuit affirmed the district court’s grant of summary judgment, specifically concluding the district court did not err in concluding that Throupe failed to raise a triable issue of fact as to whether he was discriminated against on the basis of his sex.