By: April Hernandez
In 2022, former Delta professor Chey Davis sued Delta College. Two years later, an appeal of the court’s dismissal is ongoing.
Discrimination case against Delta College and Jean Goodnow
Chey Davis, a former English professor at Delta College, filed a motion to appeal the dismissal of her discrimination case against Delta College and its former President, Jean Goodnow.
Davis had applied for a promotion to full professor in 2018 but was denied in 2019, leading her to file a lawsuit alleging discrimination based on her race, sexual orientation, and support for a union.
Court ruling and dismissal of claims
On Feb. 2, 2024, the court ruled in favor of Delta College and Goodnow, stating that Davis failed to prove that her promotion denial was due to discrimination. Instead, the court found evidence that her declining student evaluation scores played a significant role in the promotion denial.
Davis claimed she was treated unfairly compared to other non-black professors. However, the court ruled that Davis failed to provide sufficient evidence of discrimination based on race or any protected class.
“Plaintiff does not identify any working conditions that were so difficult or unpleasant after her December 2019 promotion denial that a reasonable person would feel compelled to resign, when in fact, she continued to work until 2022,” Judge Thomas L. Ludington said.
When it came to Davis’s claims of microaggressions by Goodnow, Judge Ludington had a similar response.
“No reasonable juror could conclude that Plaintiff’s promotion denial in 2019 and ongoing microaggressions by Defendant Goodnow that ended in 2021 [upon Goodnow’s retirement] were so difficult or unpleasant that Plaintiff felt compelled to resign more than two years later when she decided to pursue a career as a psychotherapist.”
Additionally, her First Amendment claim linking her union support and the denial of promotion was dismissed by the court due to a lack of evidence.
Insights from Sarah Riley Howard’s interview
In a recent interview with Sarah Riley Howard, Davis’ attorney for her appeal, she mentioned a key incident from Davis’ promotion packet. Howard noted that the packet included positive observations from her peer review committee, supporting her promotion to full professor. She emphasized that student evaluation scores were not the only deciding factor, and pointed out that Davis’ scores were not much lower than those of other professors who were promoted.
“In one case, Professor Brad DeRoche summarized a demonstration that Davis did in a class in which she tapped on the brim of a student’s hat,” Howard says. “He described it as a powerful teaching moment. However, Goodnow then used DeRoche’s observation as one of a few excuses to deny Davis’ promotion, stating that she was concerned about Davis making physical conduct with a student.”
About this same incident, Howard expressed concerns about how Goodnow’s “weird mischaracterization” could be wrongly interpreted and potentially harm Davis’ case. She stressed the importance of addressing such misinterpretations to ensure a fair outcome for Davis in the appeal process.
The Appeal Journey Continues
This case is not over – it’s more like a “to be continued” situation. Chey Davis and Sarah Riley Howard filed an appeal last week, so legal proceedings are still in motion. The Defense has a month to respond, suggesting that the case will continue to unfold in the near future.
