CHARLESTON — Marshall University did not discriminate against a former associate professor by denying him tenure, the West Virginia Supreme Court has ruled..
"This Court, having reviewed the circuit court’s order in light of the record on appeal and the relevant law, finds no error," the April 20 decision states. "The Administrative Law Judge and circuit court’s findings of fact are supported by the evidence and are entitled to substantial deference."
Wei-ping Zeng was a tenure-track associate professor at Marshall and in 2014. The Promotion and Tenure Committee for the Department of Biochemistry and Microbiology conducted Zeng's pre-tenure review.
The committee told Zeng that it did not believe Marshall would grant him tenure based on the data available. The following year, he applied for tenure and was denied in 2016. His employment with Marshall ended on June 30, 2016. Zeng filed a grievance, but the grievance board ultimately sided with Marshall.
Zeng then appealed the grievance board's decision to Kanawha Circuit Court, which upheld the grievance board's decision and dismissed the appeal.
In his complaint, Zeng alleged that two professors with the department that were selected for tenure had evaluation scores lower than his. He also alleged that he was discriminated against because he did not bring in external funding for the department and because of his race and national origin.
Zeng appealed to the Supreme Court, alleging 12 assignments of error.
"Here, the circuit court, having clearly reviewed the evidence in its entirety and having given deference to the facts as found by the Administrative Law Judge, found that petitioner failed to identify any violation of law, rule, or written policy, and, instead, submitted an exhaustive list of controverted factual reasons why he believed the ALJ’s decision was incorrect," the decision states. "Having reviewed that exhaustive list, the circuit court found no valid reason to overturn the ALJ’s decision because petitioner did not meet his burden of proof."
The Supreme Court adopted the circuit court’s final order entered on Nov. 1, 2018.
"We likewise adopt and incorporate the circuit court’s well-reasoned findings and conclusions as to the assignments of error raised in this appeal," the decision states.
West Virginia Supreme Court of Appeals case number: 18-1035
