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ANDERSON v. HAVERFORD COLLEGE

November 22, 1994

ALBERT L. ANDERSON and KENNETH RAINES
v.
HAVERFORD COLLEGE



The opinion of the court was delivered by: J. CURTIS JOYNER

 JOYNER, J.

 Before this Court is Defendant Haverford College's Motion for Summary Judgment against Plaintiffs Albert Anderson and Kenneth Raines. This litigation alleges that the College violated the Civil Rights Act of 1964, 42 U.S.C. § 1981 (1994); 42 U.S.C. § 2000e (1981 & Supp. 1994) (Title VII); and the Pennsylvania Human Relations Act, 43 Pa. Cons. Stat. Ann. § 955(d) (Supp. 1992) (PHRA). The following facts are undisputed unless otherwise noted.

 FACTUAL BACKGROUND

 Anderson was hired by the College in 1978 to be its Maintenance Manager. This position required Anderson to direct the overall operations of the Maintenance Department and supervise approximately 20-25 Maintenance employees.

 Raines was hired by the College in 1979 as a Maintenance Mechanic II and promoted five years later to Building Trades Lead Man. In that position, he reported directly to Anderson and supervised a crew of approximately seven carpenters and painters.

 Until the termination of their employment by the College, both Anderson and Raines received good performance evaluations and feedback. However, in September, 1992, a carpenter in Maintenance named John Crosson informed Norman Ricker, Director of Physical Plant, that Anderson and Raines ran Maintenance "for their own personal benefit." *fn1"

 Crosson reported that for two years he had been accumulating evidence of improprieties, including taking photographs when he could. The incidents he reported included Anderson using two College employees on College time to paint shutters with College paint for Anderson's home, Anderson taking materials for use at a restaurant he owned and using College employees on College time to build furnishings for the restaurant, including countertops, base cabinets, a bulletin board and a door. Crosson alleged that at least some of the furnishings were made with at least some College-owned materials. Crosson reported that Raines had instructed the College employees to do the work on College time.

 Upon receipt of these allegations and the corroborating photographs, the College immediately undertook an extensive investigation. The College's Investigation Summary concluded that:

 
nearly all of John Crossan's original allegations were also reported to differing degrees by the other interviewees, except [Mary] Biggs [another Maintenance employee] and Anderson. Even Ken Raines admitted to some wrong-doing on his part and verified that work was done on paid College time on projects for Anderson, as well as verifying that employees' time sheets were signed by him with hours falsely attributed to other buildings.

 The report also stated that Anderson had hired College employees to do work at his restaurant and paid them only minimal wages. Anderson allegedly believed the substandard wages were fair "because so much of their work was done on College time." The College considered this a "major abuse" of Anderson's authority because it believed that Anderson used his position of authority to take advantage of his subordinates.

 Copies of all materials produced by the investigation were forwarded to G. Richard Wynn, Vice President for Finance and Administration, and to Tom Kessinger, President of the College. Wynn recommended to President Kessinger that Anderson and Raines be terminated, and he accepted this recommendation. Anderson's termination was effective immediately and Raines's was effective at the end of the calendar year. The reason the College gave to support the terminations was abuse of College time and materials.

 Anderson and Raines deny that the College terminated them on that basis. Rather, they assert that the College fired them on account of their race (both men are African American) and Anderson's national origin (Jamaican). Both admit that they have no evidence of race discrimination by the decision-makers or anyone else in College administration. However, they argue that the practice of doing personal work on College time was well established and accepted and that standards ...


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