Andela v. University Of Miami et al

Filing 78

ORDER GRANTING IN PART 14 University of Miami's Motion to Dismiss or, in the Alternative, for Summary Judgment; GRANTING IN PART 25 University of North Carolina at Chapel Hill's Motion to Dismiss or, in the Alternative, for Summary Judgment. Signed by Judge K. Michael Moore on 3/5/2010. (rg1)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No. 09-2 1723-CIV-MOORE VALENTINE B. ANDELA, Plaintiff, VS. UNIVERSITY OF MIAMI, et al., UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, et al., Defendants.
1

ORDER GRANTING IN PART UNIVERSITY OF MIAMI'S MOTION TO DISMISS OR, IN THE ALTERNATIVE. FOR SUMMARY JUDGMENT: GRANTING IN PART UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court upon Defendant University of Miami's Motion to Dismiss or, in the Alternative, for Summary Judgment (dkt # 14) and Defendant University of North Carolina at Chapel Hill's Motion to Dismiss or, in the Alternative, for Summary Judgment (dkt # 25). Plaintiff filed Responses (dkt #'s 24, 3 1) and Defendants filed Replies (dkt #'s 28,

UPON CONSIDERATION of the Motions, the Responses, the Replies, the pertinent portions of the record, and being otherwise fully advised in the premises, the Court enters the following Order.

I.

BACKGROUND
This case arises out ofpro se Plaintiff Valentine B. Andela's ("Andela") employment

with Defendant University of Miami ("UM) and his subsequent termination. Andela is a physician-scientist from Cameroon, Africa, whose area of study is translational cancer research and international technology transfer to Africa. Andela was employed by UM from June of 2005 to September 25,2006, as a post-doctoral associate in the Viral Oncology program at UM's

Sylvester Comprehensive Care Center (the "Sylvester Center"). Throughout his employment as a post-doctoral associate, Andela worked in the laboratory of Dr. William J. Harrington, Jr. ("Harrington"). Andela was also enrolled in UM's Master of Art in International Administration ("MAIA") program from January of 2006 to October of 2007. A. Andela's Employment with UM

Andela is an internationally recognized cancer researcher who is black and a native of Cameroon. ALJ Recommended Order at 6 (dkt # 14-8); see also Am. Compl. 7 2. In 1999, he received his Ph.D. from the University of Yaounde I in Cameroon. ALJ Recommended Order at 7 (dkt # 14-8). Andela spent the next five years working as a post-doctoral fellow at the University of Rochester Medical Center in Rochester, New York.

Id. In June of 2005, Andela

began working as a post-doctoral associate in the Viral Oncology Program at the Sylvester Center.

Id. The Sylvester Center serves as the hub for cancer-related research, diagnosis, and
Id. Harrington was in charge of the Viral Oncology

treatment at UM's School of Medicine.

program throughout Andela's employment and ran a cancer-research laboratory focused on the therapeutic targeting of NFkappaB signaling in Epstein Barr Virus related to Burkitt's Lymphomas and developing international research programs.

Id.at 9.

Harrington's lab was

funded entirely by research grants including grants from the National Institutes of Health ("NIH"), the Leukemia Society, and the State of Florida.

Id.

In June of 2005, Harrington personally interviewed Andela and offered him a postdoctoral position in his lab.

Id.at 10. As a post-doctoral associate, Andela was the "senior lab Id. Andela alleges that he "accepted the

person" working under Harrington's supervision.

position of a post-doctoral associate with the understanding that he would be moving up to an independent (faculty) position within a year - which is standard expectation of someone with over 5 years of successful post-doctoral experience - and would be pursing his primary interest in 2

translational cancer research (targeted therapeutics of NfkappaB signaling in cancer) and international development and technology transfer to Africa." Am. Compl. T[ 35. Harrington and Andela initially enjoyed a cordial working and social relationship. ALJ Recommended Order at 10 (dkt # 14-8). During the first several months of his employment, Andela engaged in research involving NFkappaB signaling.

Id.at 12. Harrington was impressed with Andela's work in the lab and Id. Andela also

with an article Andela had published in the