Full opinion text
ORDER ON MOTION FOR SUMMARY JUDGMENT McKINNEY, District Judge. This is a civil rights action in which two former Indiana University Assistant Professors seek relief for the defendants’ actions in not reappointing them for continued employment, not promoting them to the rank of Associate Professor, and not awarding them tenure. The cause comes before the Court on the' defendants’ motion for summary judgment. The motion raises a number of difficult and important issues that require an extensive discussion to resolve. For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART the motion. Further orders of the Court are detailed at the end of this opinion. I. FACTS Initially, it must be noted that the undisputed material facts relayed below are largely taken from those supplied by the defendant. Under Local Rule 11, the summary judgment movant must file a statement of material facts as to which there is no genuine issué. The defendants have done that in this case, and a review of the record shows that, while not entirely complete, the defendant’s facts are, with one exception discussed later in this opinion, generally accurate. Local Rule 11 then requires the non-mov-ant to file a statement of genuine issues setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated. Although plaintiffs filed a three-page document that purports to be a statement of genuine issues of material fact, this document in actuality only sets forth issues of law. It does not make any challenge to the facts set forth by the defendants, but instead lists a number of legal issues, such as “Whether the speech of-the plaintiffs addressed matters of public concern.” Thus, although the defendants have, identified specific references in the record supporting their facts, the plaintiffs have merely filed lengthy depositions and binders containing numerous documents without any specific indication of what portions contradict or supplant the defendants’ version of the facts. It must be remembered that it is the advocates, not the courts, who must press their claims and vigorously oppose. the motion for summary judgment. See, e.g., Herman v. City of Chicago, 870 F.2d 400, 404 (7th Cir.1989) (courts need not scour record to support a party’s claim at summary judgment; adversaries are to pursue their cases and courts are to rule accordingly). Local Rule 11 simply reiterates this maxim. Thus, in this instance the plaintiffs have not followed the appropriate procedures to challenge any of the facts relayed by the defendants. Accordingly, except where the Court’s own review of the record has brought to light additional relevant material facts, this Court will similarly accept the defendants’ facts, take them favorably for the non-movant plaintiffs, and focus solely on the legal arguments raised. The facts that set the framework for the legal analysis are set forth. As will be seen, given the nature of this case and number of issues raised, it is necessary to fully delineate the facts relevant to this motion. A. The Parties: Plaintiff Kenneth D. Colburn, Jr., is a citizen of the State of Indiana. Plaintiff Robert M. Khoury is a citizen of the State of Georgia. Colburn and Khoury were faculty members in the Department of Sociology at Indiana University in the late 1970s and early 1980s. The Board of Trustees of Indiana University is the statutorily-created entity charged with administering the University. The individual defendants are officials of Indiana University. The positions they held at the University’s Indianapolis campus at times material to this action are as follows: a. Glenn W. Irwin, Jr. — Vice President of Indiana University at Indianapolis b. Howard G. Schalier — Executive Dean and Dean of Faculties c. William M. Plater — Dean of the School of Liberal Arts d. Richard O. Hope — Chairperson of the Department of Sociology' e. John T. Liell — Professor in the Department of Sociology and Chairperson of the De- - partment’s Primary Committee in 1983-84 f. Linda Hass — Associate Professor, Department of Sociology and Chairperson of the Department’s Primary Committee in 1984-85. B. The Plaintiffs’ Employment: Colburn and Khoury were hired by the University in 1979 in the Sociology Department as probationary tenure track faculty. Both Colburn and Khoury received and signed a standard form from the University at the time of their initial appointment as Assistant Professors. These documents state that their appointment was for a “tenure probationary period,” and recite that with “continued full-time service in rank at Indiana University ..., a tenure decision will be made no later than [a certain date].” The notices also recite that “persons accepting offers ... are to be notified in writing of the terms of the appointment, and of criteria and procedures relating to reappointment and the awarding of tenure.” Above the appointees’ signature, the form provides: I agree to the terms of this appointment. ... I have read and agree to the criteria and procedures employed in recommendations and decisions about reappointment and the awarding of tenure at Indiana University and any special procedures customarily employed in the department, school, program, or division of the University in which my appointment is to be recommended. These forms also state that the plaintiffs’ appointment shall begin in August of the year in question and end the following summer, with reappointment to be decided before the end of the term of appointment. Thereafter, Colburn received annual reviews and was reappointed each year as an Assistant Professor. Khoury similarly received annual reviews and was always reappointed until 1985. Colburn’s employment ceased at the end of the spring semester of 1986, when he declined the University’s offer of a one-year.terminal appointment. On August 23, 1985, Khoury resigned his employment after having been notified that he would not be reappointed after the 1985-86 academic year. Both plaintiffs contend they had enforceable contracts with the University consisting of their initial appointment documents, the University’s Academic and Faculty Handbooks, and other rules, regulations, and policies distributed to them. The Faculty and Academic Handbooks specifically distinguish between dismissal and non-reappointment. Non-reappointment occurs when the University decides not to reappoint a probationary professor after the expiration of his appointment period. Dismissal occurs when the University terminates a probationary professor during the term of his appointment. Under the terms of the Faculty Handbook, the University may dismiss a probationary faculty member only for limited reasons. Specifically, dismissal “shall only occur for reasons of (a) incompetence, (b) serious or professional miscondúct, or (c) extraordinary financial exigencies of the University.” As for reappointment, though, the Faculty Handbook merely provides that the faculty member shall be advised at the time of the initial appointment of the “criteria and procedures employed in recommendations and decisions about reappointment. ...” The Handbook further indicates that during the period of probationary appointment the faculty member shall receive an annual review and be informed of “all matters relevant to the eligibility for reappointment and the award of tenure.” The Handbook then provides that the faculty member shall have certain procedural rights upon notice of a “negative recommendation or decision on reappointment.” As for promotion and tenure decisions, the Handbook and Department Bylaws provide criteria for deciding whether a nontenured appointee should be promoted to a higher rank of professor or granted tenure. “The criteria for tenure and the criteria for promotion are similar, but not identical.” As to tenure, the Handbook initially states, “Subject to the provisions that follow, an individual appointed to the faculty ... for full-time service shall have tenure after a probationary period of not more than seven years.” Later, in the “Criteria for Tenure” section, the Handbook contains the following provisions: After the appropriate probationary period, tenure shall be granted to those faculty members ... whose professional characteristics indicate that they will continue to serve with distinction in their appointed roles. The criteria for tenure must take into account the mission of the particular unit and the individual’s contribution to that mission. Tenure will generally not be conferred unless the faculty member ... achieves, or gives strong promise of achieving, promotion in rank within the University. The Handbook adds, “The tenure of any faculty member, however, is specific to the campus unit in which he ... is serving at the time of acquisition of tenure.” “Consequently, it is the responsibility of each unit of the University to develop appropriate structures and administer the necessary procedures for the implementation of general University tenure policies.” Beyond these brief passages, no further information is contained in the Handbook as to what is meant by the “general University tenure policies.” The Handbook does list some specific criteria for promotion. The more relevant provisions are set forth below: Criteria For Promotion Teaching, research and creative work, and services which may be administrative, professional, or public are longstanding University promotion criteria. Promotion considerations must take into account, however differences in mission between campuses, and between schools within some campuses, as well as the individual’s contribution to the school/campus mission. The relative weight attached to the criteria above should and must vary accordingly. A candidate for promotion should normally excel in at least one of the above categories and be satisfactory in the others. Promotion to any rank is a recognition of past achievement and a sign of confidence that the individual is capable of greater responsibilities and accomplishments. The Handbook then goes on to further describe methods by which the criteria of teaching, research and creative activities, and service are to be measured, and notes that the “individual should be assessed in regard to all three criteria....” The Handbook then adds that “[fjavora-ble action should result when the individual has demonstrated a level of competence or distinction appropriate to the proposed rank in one area of endeavor.” “Failure to promote,” however, “may arise from unsatisfactory performance in the other areas.” Finally, the Handbook offers additional guidance for each specific promotion, such as from Instructor to Assistant Professor, and from Assistant Professor to Associate Professor. The latter promotion, which is relevant here as both plaintiffs were Assistant Professors, “is based on continued improvement, whether in quality of teaching, in scholarship, or in the performance of service roles.” The Department of Sociology at IUPUI is also governed by its own By-Laws that were adopted in 1983. One section of those By-Laws lists the “Criteria for Reappointment, Tenure, and Promotion.” These standards are similar to those for promotion listed in the University Handbook in that they involve teaching, research, and service. The preamble to the Department’s criteria notes that Sociology is “a discipline in transition and undergoing development, redefinition, and revision.” The preamble adds that these “guidelines are offered in the spirit of this recognition, and it is hoped that the Primary Committee will,' in its review of individuals, seek to conserve and preserve this recognition.” A memorandum from the Dean of Faculties of IUPUI entitled “Notes Regarding Tenure Procedures” also speaks to tenure. This document provides in part: Primary committees should be reminded that one of the purposes of the annual review is to identify at the earliest possible date those faculty members who do not demonstrate the qualifications and abilities necessary to achieve tenure. A faculty member who is in an early year of service and is obviously unqualified for tenure should not be recommended for reappointment. C. The Sociology Department: The structure of the Sociology Department is guided by the principle of peer review and peer governance. Faculty have input into the selection of the Chairperson of the Department, and faculty vote on the by-laws of the Department. The Department has a Primary Committee, which is the internal peer review group for annual reviews, promotions, and tenure decisions for faculty in the Sociology Department. The Primary Committee consists of faculty members who are elected by other faculty members by secret ballot. The Sociology Department selects its Primary Committee based on procedures its own faculty establishes. Colburn was a member of the Primary Committee for the 1982-83 academic year, and Khoury was an alternate member for the 1983 year. Plaintiffs’ claims arise out of a bitter internal conflict among faculty in the Sociology Department. Plaintiffs contend that in 1980 the Department became factional-ized into two groups, and thereafter relationships between the two factions steadily and increasingly deteriorated. Plaintiffs pinpoint the split in the Department as beginning in the spring of 1980 when there was an exchange of insults between then Chairperson Colin Williams and Professor John Liell. Plaintiffs see this “heated blow-up” between the two individuals as pivotal, because they believe that Liell thereafter decided Williams would never again be on the Primary Committee and -Liell would take control. Liell began to carry his personal conflict with Williams into the Department and suggested that plaintiffs would benefit from siding with Liell. Plaintiffs believed that their future from that point on depended upon how Liell responded to them. Plaintiffs identified the Department’s “them/us” factions as follows: “Them” “Us” John Liell Brian Vargas Ain Hass Sue Hammersmith Linda Hass Colin Williams Dave Ford Kenneth Colburn Tim Maher Robert Khoury Betty Lavine Joe Taylor David Moller According to the plaintiffs, in May of 1984 Chairperson Hope also became a member of the opposing faction. Plaintiffs contend that what made the “them” faction a group was that they shared a sense of who the enemies within the Department were, and they also had a sense of personal loyalty to each other that became their primary concern. Plaintiffs were asked to become involved in the opposing faction, but expressed different views and were thereafter treated differently. D. The Primary Committee: The Sociology Department’s Primary Committee “serves to evaluate faculty for reappointment, tenure, and promotion.” Historically, the Primary Committee consisted of three members. In the fall of the 1983-84 academic year, however, the Sociology faculty unanimously voted to change the by-laws to increase membership to five in -order to better represent the factions’ differing views. The Primary Committee members were still selected by majority vote of the faculty. In March of 1984, plaintiffs and several other professors separately requested Executive Dean Schaller to have the University Tenure Committee conduct an external review of the Primary Committee. Dean Plater urged that the members of the Department try and work out their differences internally, and Executive Dean Schal-ler then deferred any review by the Tenure Committee. Thereafter, Joseph Taylor, who was the Assistant to Vice President Irwin and an emeritus member of the Sociology Department, was appointed to meet with members of the Sociology Department to collect their different views in an effort to resolve the internal problems. On May 2, 1984, plaintiffs and other members of their faction submitted a proposal to reform the Department’s Primary Committee. The proposal would have eliminated choosing Committee members by faculty vote. After Taylor received input from a variety of sources within the Department, Taylor made his own proposal which was also distributed to the Sociology faculty. By a vote of 7 to 0, with the plaintiffs and other members of their faction abstaining, Taylor’s proposal was adopted by the Sociology Department. At a September 1984 Department meeting, the Sociology faculty elected members of the Primary Committee for the upcoming academic year. John Liell, Linda Haas, Ain Haas, and David Moller, all members of the “opposing faction,” were selected. The Department by-laws specified that there must be at least two full professors on the Primary Committee. Of those elected, only Liell was a full professor. At that time, the only other full professor in the Department was Williams, who was asked to participate on the Committee but declined to do so. Chairperson Hope then appointed Joseph Taylor, also from the opposing faction, to substitute for Williams. E. Facts Relevant to Colburn: 1. Colburn’s Request for Promotion: Faculty members may either be nominated for promotion or put themselves up for promotion. By a memorandum dated September 26, 1984, Colburn put himself up for promotion and submitted a dossier in support of his request. Procedurally, a promotional candidate is reviewed within his department by the Primary Committee, then by the Department Chairperson, then by a Unit Promotion Committee, then by the Liberal Arts Dean, then by a campus-wide Promotion Committee, and finally by the Dean of Faculties and the Vice President. Apparently, the final decision then lies with the President and Trustees, but is usually delegated to Vice President Irwin. At each step, the candidate’s dossier is reviewed, his teaching, research, and service are evaluated, and a recommendation is made. Because each committee is multi-membered and there are several committees, it is possible to have split votes within a particular committee and for the recommendation of one committee to differ with that of another. After Colburn tendered his dossier, the Primary Committee requested certain additional information, and Colburn submitted a six-page response with attachments. On October 30, 1984, the Primary Committee unanimously recommended against Col-burn’s promotion, as did the Department Chairperson. The Unit Promotion Committee, however, recommended in favor of promotion. On November 30, 1984, Dean Plater informed Colburn that he recommended against promotion. Plater provided Col-burn with a draft of his recommendation in advance and offered Colburn the opportunity to submit any additional information relevant to the recommendation Plater was planning to make. Colburn submitted a six-page letter outlining his disagreement with the basis of Plater’s recommendation. Plater included this in Colburn’s dossier. On December 7, 1984, Plater made his formal recommendation against Colburn's promotion. In February of 1985, the all-campus Promotions Committee recommended against promotion by a vote of 7 to 6. On March 14, 1985, Colburn was informed that the final recommendation was against promotion. On April 25, 1985, Colburn requested the Secretary of the Faculty Council to convene a Faculty Board of Review to hear his grievance about his non-promotion. The Board of Review’s recommendation and Vice President Irwin’s decision is discussed below after the facts of Colburn’s non-reappointment are set forth. 2. Colburn’s Non-reappointment: Each year all probationary faculty are reviewed within the Department. An initial review and recommendation on continued employment is made by the Primary Committee. As a probationary faculty member, Colburn was subject to the annual review process. His prior reviews had resulted in reappointments each year. Because he had recommended himself for promotion in September 1984, his promotion dossier was also considered as his annual review submission. On February 15, 1985, the Primary Committee recommended that Colburn not be reappointed after the end of the 1985-86 school year. Colburn then wrote Chairperson Hope with additional information that was not contained in the Primary Committee’s recommendation. On March 1, 1985, Hope notified Colburn that he was not recommending Colburn’s reappointment for the next academic year. Hope offered- Colburn the opportunity to submit any additional information he wished. On March 14, Col-burn submitted a detailed request for Hope to reconsider his decision. Hope gave Col-burn’s request for reconsideration to the Primary Committee for its review and comment. The Committee replied to the points raised by Colburn and reaffirmed its recommendation of non-reappointment. Hope shared the Primary Committee’s response with Colburn. On March 26, 1985, Hope notified Colburn that he had informed Dean Plater of his final recommendation against Colburn’s reappointment and enclosed a copy of the University’s policy statement on non-reappointment. On April 1, 1985, Plater informed Colburn that he concurred with Hope and had forwarded the non-reappointment decision to the Dean of Faculties. On April 23, 1985, Colburn received official notice of the final decision. This letter from Vice President Irwin stated that it “constituted the University’s official notice of non-reappointment_” On April 25, 1985, Colburn requested that a Faculty Board of Review consider his denial of promotion (along with the decision not to reappoint him). The Board of Review consists of faculty from various departments, and is a faculty-created procedure for review of faculty grievances^ The Board’s recommendations are advisory only and are not binding on the University. Colburn retained private counsel and also had the advice of a law school professor for the Board hearings. He was given a multi-day hearing before the Board at which he was permitted to present witnesses and documents. He presented, among other things, four large volumes of materials. Colburn felt the hearing was conducted fairly and appropriately. The Board Hearings were held in the fall of 1985. On December 6, 1985, the Faculty Board of Review recommended that the Sociology Department undertake a “complete self-study of its tenure review process” in order to correct “difficulties in the Primary Committee.” The Board further recommended that Colburn be given a two-year terminal appointment to the end of the 1987-88 academic year and that during this period he would not be reviewed for promotion or tenure. In response to this advisory recommendation, the University offered Colburn a terminal appointment as a Visiting Assistant Professor -for one year. On January 20, 1986, Colburn wrote Vice President Irwin and rejected the offer of a terminal appointment, and informed Irwin that he was proceeding to appeal the matter to President Ryan and the Board of Trustees. Colburn also stated that he had “directed [his] attorneys to initiate legal proceedings against the University at the earliest possible date.” The appeal to the President and the Trustees continued, and on June 30, 1988, Executive Vice President Pinnell wrote Colburn and stated that his decision was to affirm the decision of non-reappointment. Pinnell wrote that his “review and decision fulfill the review procedure under the University’s policies and practices and you may consider it final.” F. Facts Relevant to Khoury: 1.Khoury’s Request for Promotion: In the fall of 1984, Khoury recommended himself for promotion. On October 16, 1984, he submitted a dossier in support of his request for promotion to Chairperson Hope. Khoury’s request for promotion went through the normal channels. On October 29, 1984, Paul Bippen, director of the Columbus campus where Khoury taught, recommended Khoury for promotion. On November 6, 1984, the Primary Committee unanimously recommended against Khoury’s promotion as did Chairperson Hope on November 7, 1984. The Unit Promotion Committee then recommended Khoury for promotion, but Dean Plater recommended against promotion on December 7, 1984. Before sending his recommendation to Executive Dean Schaller, Plater provided Khoury with a draft of his recommendation and offered him the opportunity to submit any additional information relevant to the recommendation Plater was planning to make. Khoury submitted a five-page letter with five documents attached to it outlining his disagreement with Plater’s tentative recommendation. Plater considered Khoury’s letter, but found no reason to change his recommendation. Plater included Khoury’s letter in his dossier. The all-campus Promotions Committee recommended in favor of promotion in February of 1985 by an 8 to 7 vote. On March 12, 1985, Dean Plater informed Khoury that Executive Dean Schaller and Vice President Irwin recommended against promotion. Plater’s letter stated that the negative recommendation was being “forwarded” to President Ryan, and Plater stated that he would “keep [Khoury] informed about your candidacy at each stage of the review process.” This was the last official notice that Khoury received regarding his request for promotion. 2. Khoury’s Denial of Tenure: Khoury compiled and submitted a tenure dossier that was identical to his promotion dossier, and Khoury’s request for tenure went through all the proper channels. Director Bippen recommended tenure, and the Primary Committee voted in favor of tenure. Chairperson Hope recommended against tenure, but on December 11, 1984, the Unit Committee voted in favor of tenure. By letter dated January 15, 1985, Dean Plater informed Khoury that he had recommended against tenure. Dean Plater previously provided Khoury with a draft of his recommendation and permitted him to respond. Khoury responded with a nine-page letter. Plater considered the letter but did not change his recommendation. The Promotions Committee deadlocked on the issue of Khoury’s tenure, but by letter dated March 12, 1985, Khoury was informed that Executive Dean Schaller and Vice President Irwin recommended against tenure. This was the last notice Khoury received that he would not be granted tenure. 3. Khoury’s Non-reappointment: By letter dated January 15, 1985, Dean Plater informed Khoury that he was recommending to the Dean of Faculties that Khoury not be reappointed after the 1986-87 academic year. Dean Plater enclosed a copy of the University’s “Policies Governing Reappointment and Non-Reappointment during Probationary Period.” By letter dated April 12, 1985, Khoury received formal notice that, as is customary when tenure is denied, he would be appointed for only one additional academic year. Khoury did not receive this letter, however, until at least April 25, 1985. Khoury declined the University’s offer of reappointment for the 1985-86 academic year and resigned his employment on August 23, 1985. On April 25, 1985, as discussed previously in setting forth the facts of Colburn’s employment, Colburn requested that a Faculty Board of Review be convened. Col-burn stated in his letter that he was making his request “in conjunction- with ... Robert Khoury, who has also been denied promotion and tenure, and who is also filing a request to convene a Faculty Board of Review.” No other evidence in the record has been brought to the Court’s attention indicating that Khoury actually filed such a request. G. The Lawsuit: On April 21, 1987, plaintiffs filed their 23-page complaint seeking relief under 42 U.S.C. § 1983, § 1986, and State contract law. Named as defendants are the Trustees of Indiana University, as well as six faculty members of the University who are all sued in their individual and official capacities. Both plaintiffs claim violations of their due process and First Amendment rights, and also seek recovery for breach of contract. Plaintiffs seek compensatory damages, injunctive relief, and punitive damages. With this background, the issues raised can be addressed after the relevant summary judgment standards are outlined. II. SUMMARY JUDGMENT STANDARDS Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Further, Rule 56(e) provides: When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleadings, but the adverse party’s response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party. Since the Supreme Court’s trilogy of decisions on summary judgment, see Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); and Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986), it is clear that the mandatory aspects of Rule 56 must be followed by the district courts, and, as a result, summary judgment must be entered where appropriate. Decisions of the Seventh Circuit reflect this change in attitude as well. See, e.g., Herman v. City of Chicago, 870 F.2d 400, 404 (7th Cir.1989); Spellman v. Commissioner, 845 F.2d 148, 152 (7th Cir.1988); Collins v. Associated Pathologists, Ltd., 844 F.2d 473 (7th Cir.1988). With these standards at hand, the Court will address the substantive questions raised. III. DISCUSSION A. The Trustees and the Official Capacity Defendants Are Not “Persons” Who May Be Sued Under W U.S.C. § 1983: During the pendency of this summary judgment motion, the Supreme Court decided that States and State actors sued in their official capacity are not “persons” within the meaning of § 1983. In Will v. Michigan Dept. of State Police, 491 U.S. -, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989), a sharply divided 5-to-4 Court held that, even apart from Eleventh Amendment considerations, a State is not a suable person in any court (albeit federal or state) under the statutory meaning of § 1983. See S. Nahmod, Civil Rights and Civil Liberties Litigation § 6.20 (2d ed. Supp.1989) (discussing decision); Grosz v. State of Indiana, 730 F.Supp. 1474, 1477-78 (S.D. Ind.1990) (Tinder, J., noting effect of Will). Although the parties have not addressed this issue, the Court notes this matter because the “person” requirement of § 1983 claims is an essential element of such a cause of action. The question in this ease is thus whether the Trustees of Indiana University and the officials it employs are suable persons after Will. Resolution of this issue turns on whether Indiana University is properly considered an “alter-ego” of the State for these purposes. Although the Will opinion does not contain a specific discussion of this alter-ego problem, it is implicit from the decision that the Supreme Court considers this doctrine applicable in this context. This is so because one of the named defendants that was dismissed from the case was the Michigan State Police Department. The Will Court implicitly ruled that this agency was an alter-ego of the State and that a suit against the State Police was a suit against the State itself. Such a ruling is in accord with decisions in the Eleventh Amendment context in which State agencies are accorded immunity from suit in federal courts. See, e.g., Cannon v. University of Health Sciences/Chicago Med., 710 F.2d 351 (7th Cir.1983); Shannon v. Bepko, 684 F.Supp. 1465 (S.D.Ind.1988) (Barker, J.). Such a holding is also in line with earlier pre-Monell decisions from the Circuits wherein it was held that suits against State agencies that did not have sufficient independence from the State were actually suits against the State itself. See S. Nah-mod, Civil Rights and Civil Liberties Litigation § 6.20 (2d ed. 1986) (listing cases that, prior to Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct.2018, 56 L.Ed.2d 611 (1978), held that states and state agencies were not “persons” under § 1983). In this case, the facts show that Indiana University is a state agency, and that the Indiana General Assembly and the Governor’s office retain significant control over the University’s budget. Thus, as plaintiff concedes in the Eleventh Amendment context {see Brief at 1-2), Indiana University is apparently the alter-ego of the State for § 1983 purposes. Cf. Avins v. Mangum, 450 F.2d 932, 933 (2d Cir.1971) (in a pre-Monell case, the Second Circuit treated a state university as the alter ego of the State and held that it was not a suable person under § 1983). So too, then, are the officials of Indiana University who are sued in their official capacities. Will, 109 S.Ct. at 2311. Accordingly, it appears that the plaintiff cannot recover compensatory damages from Indiana University nor from the official capacity defendants because they are not “persons” under § 1983. The Will decision does not, however, prevent state officials from being sued under § 1983 for “damages [and injunctive relief] in their individual capacities_” S. Nahmod, Civil Rights and Civil Liberties Litigation § 6.20 (2d ed. Supp.1989); Parsons v. Bourff 739 F.Supp. 1266, 1267 (S.D.Ind. 1989) (individual capacity claims remain after Will). Nor does Will prevent injunc-tive relief claims against official capacity actors. Will, 109 S.Ct. at 2311 n. 10. The Court does not definitively decide this “person” issue, however, because as is shown below, the same result is reached as a matter of jurisdiction under the Eleventh Amendment. B. Eleventh Amendment: Similarly, Indiana University and its official capacity actors are immune from suit for damages in federal court by virtue of the current interpretation of the Eleventh Amendment. See Cannon v. University of Health Sciences/Chicago Meg., 710 F.2d 351 (7th Cir.1983); Klein v. Trustees of Indiana University, 766 F.2d 275, 280 (7th Cir.1985); Wellman v. Trustees of Purdue University, 581 F.Supp. 1228 (N.D.Ind.1984). The merits of any of the damages claims thus cannot be reached because jurisdiction is lacking over such claims. Plaintiffs concede that the Eleventh Amendment bars the damages claim against these defendants, as well they must in light of authority such as Dube v. State University of New York, 900 F.2d 587 (2d Cir.1990) (state university could not be sued in federal court because it was an “integral part of the government of the State”). See also Port Authority Trans-Hudson Corp. v. Feeney, — U.S. -, 110 S.Ct. 1868, 109 L.Ed.2d 264 (1990) (Brennan, J., concurring) (discussing standards for “arm of the state” jurisprudence, and writing that the “Eleventh Amendment shields an entity from suit in federal court only when it is so closely tied to the State as to be the direct means by which the State acts, for instance a state agency.”). Indeed, Judge Barker of this Court has squarely held that Indiana University and IUPUI are unreachable state agencies for purposes of the Eleventh Amendment. See Shannon v. Bepko, 684 F.Supp. 1465 (S.D.Ind.1988). Instead, plaintiffs seek to recover against the University and the official capacity actors only for injunctive relief. Defendants admit that jurisdiction exists over such injunctive relief claims. Accord, Shannon, 684 F.Supp. at 1476. Thus, the damages claims against the Trustees of Indiana University and the official capacity defendants must be dismissed; the injunc-tive relief claims survive at this juncture. C. First Amendment Claims: The plaintiffs allege that their respective denials of promotion, tenure, and reappointment were in retaliation for their requests of an external review of the Primary Committee and disagreements they raised about the structure of the Committee and the way it operated. They thus claim that they were denied the right of free speech guaranteed by the First and Fourteenth Amendments. Although public employees do not lose their First Amendment rights by virtue of their employment, such rights are not absolute. In the First Amendment context, the Supreme Court has recognized “two limitations—one of content and one of context—on the right of public employees to express themselves free from the threat of retaliation by their employers.” Biggs v. Village of Dupo, 892 F.2d 1298, 1301 (7th Cir.1990). “ ‘When employee expression cannot be fairly considered as relating to any matter of political, social, or other concern to the community, government officials should enjoy wide latitude in managing their offices, without intrusive oversight by the judiciary in the name of the First Amendment.’ ” Id. (quoting Connick v. Myers, 461 U.S. 138, 146, 103 S.Ct. 1684, 1690, 75 L.Ed.2d 708 (1983)). “And, public employers may lawfully- regulate employees’ expression, even on matters of public concern, if the ‘interests of the State, as an employer, in promoting efficiency of the public service it performs through its employees’ outweigh the ‘interests of the [speaker], as a citizen, in commenting on matters- of public concern.’ ” Biggs, 892 F.2d at 1301 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. 1731, 1734, 20 L.Ed.2d 811 (1968)). There is thus a two-pronged inquiry in these cases. The first analysis focuses on whether the expression is fairly considered to raise matters of public concern. If so, then the second inquiry asks whether the interests of the State in promoting the efficiency of its public services outweigh the interests of the citizen-speaker in commenting on matters of public concern. Both inquiries must be determined by the “ ‘content, form, and context of a given statement, as revealed by the whole record.’ ” Biggs, 892 F.2d at 1302 (quoting Connick, 461 U.S. at 147-48, 103 S.Ct. at 1690). Moreover, each issue is a question of “law to be decided by the court, not the jury,” even though factual determinations may be involved. Biggs, 892 F.2d at 1300 (quoting Connick, 461 U.S. at 148 n. 7, 103 S.Ct. at 1690 n. 7); Patkus v. Sangamon- Cass Consortium, 769 F.2d 1251, 1257 (7th Cir.1985). In this case, then, the initial question is whether the plaintiffs’ internal complaints and requests concerning the Primary Committee can be considered matters of “public concern.” Resolution of this issue is not as easy as each party would suggest, see Belk v. Town of Minocqua, 858 F.2d 1258, 1263 n. 7 (7th Cir.1988) (noting that “matters of public concern are rarely ... easily discerned”), for an evaluation of the “content, form, and context” of the speech in question reveals that the speech can arguably be viewed as promoting purely private personnel interests. The record shows that plaintiffs wanted the Primary Committee to be reviewed for their own professional benefit. However, the speech can also be seen as having some potential impact on the viability of the University’s Sociology Department, something that could be a matter of public concern, because other Sociology faculty members requested a review of the Primary Committee as well. One can legitimately argue, as plaintiffs do, that the Primary Committee needed to be reformed so that Sociology professors would be evaluated and promoted on the basis of their abilities rather than their intra-departmental politics. The case law illustrates the subtle differences in the context, content, and form of different types of speech in this area. For instance, in Knapp v. Whitaker, 757 F.2d 827 (7th Cir.1985), cert. denied, 474 U.S. 803, 106 S.Ct. 36, 88 L.Ed.2d 29 (1985), the Seventh Circuit held that some complaints made by a teacher to a school board raised matters of public concern, while others were private in nature and not entitled to First Amendment protection. In Knapp, the record showed that the plaintiff, who was a school teacher and coach, had contacted school board members regarding: [1] his classroom assignment; [2] the content of [his] evaluations; [3] the inequitable mileage allowance for ... coaches; [4] the liability insurance provided ... for coaches and volunteer parents who transport student-athletes to school-related activities; [5] and the general ineffectiveness of the grievance procedure within [the school district.] 757 F.2d at 840. The Seventh Circuit held that items one and two above were not matters of public concern as his evaluations and assignments were “clearly personal matters relating solely to [his] employment....” Knapp, 757 F.2d at 840. His speech on these issues “was not an attempt to inform the public that the administrators ... were failing to discharge their governmental responsibilities.” Id. Because the “ ‘First Amendment does not require a public office to be run as a roundtable for employee complaints over internal office affairs,’ ” Id. (quoting Connick, 461 U.S. at 149, 103 S.Ct. at 1691), the Seventh Circuit held that these personal matters were not protected. Thus, the content and context of this particular speech led to its unprotected status. The inequitable mileage allowances and liability insurance issues, however, were held to be protected matters of public concern. The Knapp court reasoned that the mileage allowances involved “not only Knapp but all of the coaches at Woodruff who travel to area high schools to scout opposing teams and who transport student-athletes to school-related events in their own vehicles.” Knapp, 757 F.2d at 840. The thrust of the Court’s holding on the mileage allowance issue was that Knapp’s speech “focused upon the inequitable allocation of public funds to a select group of ... high school coaches.” Id. “Knapp’s speech to the School Board on the issue of mileage allowance was an attempt to inform the public and the educational policymakers ... that officials ... were failing in their duty to properly administer the allocation of public funds.” Id. Thus, the form of the speech (open complaints to the “public” school board) and its content and context (dealing with inequitable distribution of public funds) weighed in favor of protection. As to the liability insurance issue, the Seventh Circuit reasoned that this was a matter of public concern because “the citizens of Peoria, as taxpayers, have a financial interest in the terms of the School District’s insurance policy and the amount of coverage provided when the School District is held liable for an accident involving a school employee or authorized volunteer personnel.” Id. at 841. The Knapp court added that the “failure to provide the citizens ... with such insurance information borders upon a breach of the School District’s duty to inform the community of the public school system’s policies concerning potential liabilities.” Id. Again, the content, form, and context all indicated that this was a matter of public concern. As to the final area of speech concerning the teachers’ grievance procedure, the Seventh Circuit first noted that the “functioning of a grievance procedure is generally an [unprotected] internal issue, important only to the teachers and School District employees who must use the procedure to air their complaints about employment conditions and practices." Id. In the Knapp scenario, however, “the grievance procedure was the subject of ongoing éollective bargaining negotiations between the teachers’ union and the administration].... ” Id. The speech was thus protected because of its unique context, as well as the fact that it was being aired in an open forum to the school board. The Knapp decision thus provides a good slide-rule against which today’s case can be measured because it involves various types of speech made in the academic environment. A brief review of the record here as it relates to the plaintiffs’ speech is necessary. The plaintiffs in this case allege that they were adversely treated because of their complaints about the Primary Committee. These complaints were made by both plaintiffs, as well as a few other Sociology professors, to Executive Dean Schal-ler and later to the Department Chairperson. The plaintiffs requested that the Primary Committee be reviewed by the University’s Tenure Committee. These complaints were made in the context of an intra-departmental political feud involving two opposing “factions” of professors. The context of the rivalry was that two groups were seeking control of the Primary Committee because of its influence in promotion and tenure decisions. As both plaintiffs admitted in their depositions, they were concerned that their own personal situations would be adversely affected by the Committee. As to the content of the complaints, plaintiffs were seeking to have the Committee reviewed by an external body. In comparing the form, content, and context of this speech to that involved in Knapp, the Court finds today’s setting to most closely resemble the complaints made by Knapp regarding the grievance procedure. The complaints about the grievance procedure were held to be protected in Knapp, but only because the issue had become one of public concern in the ongoing collective bargaining negotiations affecting the entire school system. There are important differences between today’s case and the grievance procedure complaints made in Knapp. First, unlike in Knapp where the complaints were aired in an open forum to the school board, the speech in this case was made internally to the Department Chairperson and the Executive Dean. Plaintiffs have pointed to nothing in the record indicating that the public was either aware of or interested in these events. This distinction in form is significant in this case, for it is suggestive of the plaintiffs’ reasons for speaking. Second, and most importantly, plaintiffs’ fundamental concern was obviously, and understandably, their own personal career advancement. As Colburn stated in his March 19, 1984, letter to Dean Schaller, “I feel that my personal and professional development is in jeopardy as a result of this unresolved turmoil_” Turmoil concerning the function of the Primary Committee, much like a grievance procedure, is “generally an internal issue.” Knapp, 757 F.2d at 841. Cf.. Ekanem v. Health & Hospital Corp., 724 F.2d 563 (7th Cir., 1983) (affirming Judge Steckler’s ruling that a memorandum to a department supervisor regarding department organization was an internal matter). This is so because, although the public is indirectly affected because these internal mechanisms ultimately affect the quality of education, the primary and direct effect of these procedures is on the employees themselves. As the Sociology Department’s own By-Laws state, “The Primary Committee serves to evaluate faculty for reappointment, tenure, and promotion.” Much like a grievance procedure for teachers, the Primary Committee is an internal personnel device geared primarily towards the private interests of the teachers it affects. This factor weighs in favor of a finding that the speech in question is not protected. As the Seventh Circuit recently stated, “[T]he Connick test requires us to look at the point of the speech in question: was it the employee’s point to bring wrongdoing to light? Or to raise other issues of public concern ...? Or was the point to further some purely private interest.” Hesse v. Board of Education of Township High School, 848 F.2d 748, 752 (7th Cir.1988) (emphasis in original) (quotations omitted). See also Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (also focusing on what the point or purpose of the speech was). “The Connick test does not look to what may be conveyed by the employee’s speech, but father, requires a court to ’look to the reasons the employee is speaking.” Auriemma v. Rice, 895 F.2d 338, 347 (7th Cir.1990). Compare Belk v. Town of Minocqua, 858 F.2d 1258, 1264 (7th Cir.1988) (suggesting that content of speech rather than purpose is the most important factor). Here, given the content and context of the speech, it becomes evident that the point of the complaints was to protect the plaintiffs’ own personal interests. Cf., Mahaffey v. Kansas Board of Regents, 562 F.Supp. 887 (D.Kan.1983) (tenured professor’s proposal that his department be accredited separately from another was not a matter of public concern). In conclusion, in evaluating the form, content, and context presented, the speech in question involved a private personnel matter rather than something of public concern. Becuase the “First Amendment does not protect public employees’ ordinary personnel disputes,” Biggs, 892 F.2d at 1302, the speech in question was not safeguarded. This is not a case where professors were adversely treated for expressing opinions on controversial world topics in the classroom. See, e.g., Dube v. State University of New York, 900 F.2d 587 (2d Cir.1990). See also Coats v. Pierre, 890 F.2d 728, 732 (5th Cir.1989) (professor’s complaints that student athletes were shown favoritism and that certain faculty members traded grades for sex touched upon matters of public concern). Rather, the weight of the evidence shows that plaintiffs were primarily interested in their own private affairs; indeed, events subsequent to their complaints show that their fears and complaints might well have been completely justified. That, however, does not mean that they were protected under the First Amendment. “The Constitution simply does not guarantee public employment unsullied by the potential for silly and at times unjustified termination or transfers_” Callaway, 832 F.2d at 416. Here, although the defendants’ actions might well be appropriately so categorized, the defendants prevail on this aspect of this constitutional litigation. Summary judgment is granted accordingly on the First Amendment claims. D. Due Process Claims: The plaintiffs also contend that the defendants’ actions denied them procedural due process of law under the Fourteenth Amendment. In essence, plaintiffs claim that they had property interests in their continued employment and promotion, and that they were deprived of those interests without the required procedural safeguards. This claim thus raises two separate issues: whether they had such property interests, and, if so, whether they received due process. Here it is appropriate to first note the possible sources of property interests upon which the plaintiffs do not rely. Unlike some states, Indiana’s legislature has not spoken to the subject of tenure in the State’s universities. Rather, the Indiana General Assembly has chosen to simply give each university’s Board of Trustees the authority and responsibility to “employ ... faculty_” Ind.Code § 20-12-1-4. Nor are there duly promulgated administrative regulations on this issue. Accordingly, there are no statutory or regulatory bases present. Instead, the plaintiffs claim the existence of a property right based upon their appointments, the Faculty Handbooks, the Department By-Laws, and the custom and policy of the University to, as Khoury states in his deposition, extend the appointment “at least until the end of [the six-year] probationary period and through [the] review for tenure” if his “performance w[ere] rated satisfactory....” Thus, rather than interpreting State statutes as this Court is often called upon to do in the property interest setting, see, e.g., Marvin v. King, 734 F.Supp. 346 (S.D.Ind.1990), the Court must grapple with State contract law and the somewhat nebulous realm of "mutually explicit understandings.” Once the legal status of plaintiffs' employment relationship is determined, the property interest analysis can proceed. 1. The nature of plaintiffs’ employment under Indiana law: The parties disagree as to whether plaintiffs had any contract with the University, and, if so, what the duration and terms of such a contract were. Defendants go so far as to argue that plaintiffs were at-will employees, while plaintiffs even assert that they had seven-year contracts. The Court must look to Indiana contract law and the agreements reached by the parties to determine whether the answer lies at one of these extremes or somewhere in between. The resolution of this initial issue is crucial and requires substantial analysis because, as will be seen, it dictates much of the outcome of this case. In Indiana there are two basic types of employment relationships: (1) employment at will, see, e.g., Mead Johnson and Co. v. Oppenheimer, 458 N.E.2d 668 (Ind.App.1984), and, (2) employment for a definite term. See, e.g., Peterson v. Culver Educational Foundation, 402 N.E.2d 448 (Ind.App.1980). There is a “presumption [in Indiana] that employment is at will_” Speckman v. City of Indianapolis, 540 N.E.2d 1189, 1192 (Ind.1989). However, as with most presumptions, this one is rebuttable. The at will presumption can be rebutted by a showing that there is an “agreement between the employer and the employee.” Id. This agreement, however, must provide for a definite term of employment in order to alter the at will status. Hamblen v. Danners, Inc., 478 N.E.2d 926, 928 (Ind.App.1985) (employment relationship “is terminable at will unless there is a promise of employment for a fixed duration”). As the Indiana Court of Appeals has stated on several occasions: ‘In Indiana the general rule governing both oral and written employment contracts is well settled. If the tenure of service cannot be determined from the terms of the contract, such contract is one at will, and may be terminated at any time at the election of any party. * * * [However,] [a] term employment contract is enforceable.... ’ Mead Johnson And Co. v. Oppenheimer, 458 N.E.2d 668, 670 (Ind.App.1984) (quoting Pepsi-Cola General Bottlers, Inc. v. Woods, 440 N.E.2d 696, 697 (Ind.App.1982). Thus, the key is whether there is a contract for a definite term. “Where ... there is an employment contract for a definite term in which the employer has not reserved the right to terminate the employment before the conclusion of the [term] of the contract, the employment ‘may not be terminated except for cause or by mutual agreement.’ ” Seco Chemicals, Inc. v. Stewart, 349 N.E.2d 733, 738 (Ind.App.1976) (quoting Rochester Capital Leasing Corp. v. McCracken, 295 N.E.2d 375, 378 (Ind.App.1973). In this case, although the parties’ arguments on this issue do not immediately point to this conclusion, it is apparent that the plaintiffs had employment contracts with the University for a definite term of one academic year. When plaintiffs were appointed, the University’s agents and the plaintiffs signed written documents for their “initial appointment” to the faculty of the University. Each document specifically indicated a beginning date of the appointment corresponding to the start of the academic year, an ending date corresponding to the end of the academic year, and a stated salary for the entire term. Thus, nothing was indefinite about the term of the contract, for the written documents expressly provided for a duration of one academic year. This holding is supported by other cases in this area. For instance, in Peterson v. Culver Educational Foundation, 402 N.E.2d 448 (Ind.App.1980), the parties stipulated at trial that the teacher had a contract for a definite term for one academic year. Before addressing other issues stemming from this employment agreement, the Indiana Court of Appeals first implicitly approved of the parties stipulation by noting that the school teacher had “a contract of employment for a definite term_” Id. at 451. During that term, the teacher could only be discharged for cause. Id. ' See also Seco Chemicals, Inc. v. Stewart, 349 N.E.2d 733, 738 (Ind.App. 1976) (salesman’s contract for. a term of two years was a definite term contract); Board of Regents v. Roth, 408 U.S. 564, 566, 92 S.Ct. 2701, 2703, 33 L.Ed.2d. 548 (1972) (noting that professor had been hired “for a fixed term of one academic year”); Eichman v. Indiana State Univ. Bd. of Trustees, 597 F.2d 1104, 1109 (7th Cir.1979) (probationary tenure-track professor at Indiana State University had a “series of one year contracts”); Lovelace v. Southeastern Massachusetts University, 793 F.2d. 419 (1st Cir.1986) (in similar scenario to today’s case, First Circuit implies that a “tenure-track” professor appointed for one academic year had a one year definite term contract). Moreover, today’s case is distinguishable from Hamblen v. Danners, Inc., 478 N.E.2d 926 (Ind.App.1985), upon which defendants try to rely. Defendants cite Hamblen for the proposition that “although a contract may be effective from one date to another, if it does -not promise employment for one year, it is not a contract for definite duration.” (Reply Brief at 7) (emphasis' in original). Defendants further state that the Hamblen court affirmed summary judgment for the employer on the grounds that “although the plaintiff’s executive employment agreement was effective from one day to another it did not promise employment for one year.” (Reply Brief at 7). A close reading of Hamblen shows that while defendants’ general statements are not inaccurate, they do not tell the whole story. The complete facts of Hamblen are that the employee was hired to load trucks, and was later promoted into a supervisory position. “He signed an Executive Employment Agreement^] [but] did not take the agreement seriously.” Hamblen, 478 N.E.2d at 927. “It was Hamblen’s understanding that [the employer] simply wanted a contract on file.” Id. “Moreover, it was not unusual for six months to elapse before an unexpired contract would be renewed.” Id. Additionally, the “contract” stated that it was to expire at a certain date in the future, and it allowed the employer to ter-mínate him if the employer were of the opinion that he had not “faithfully and diligently” performed his duties. Id. In affirming the trial court’s holding that Hamblen was an employee at will, the Indiana Court of Appeals relied heavily on the fact that “the contract specified that [the employer] could terminate employment at any time during that period based on its sole judgment and opinion of Hamblen’s performance.” Hamblen, 478 N.E.2d at 928 (emphasis added). “Furthermore,” the Court of Appeals wrote, “neither Hamblen nor [the employer] intended the contract to provide additional job security.” Id. And, “Hamblen admitted that his rights as an employee were the same whether he was working under the Executive Employment Agreement or under an expired contract.” Id. Thus, it is seen that Hamblen is so factually distinguishable that it is of no weight in today’s case. Additionally, defendants argue that the contract is really not one for a definite term because the Faculty Handbook states that the appointment dates are “followed for determination of the precise span of time during which the mutual obligations of an employer-employee relationship exist for the purpose of proration of pay, when such prorátion is necessary, and for fringe benefit entitlements.” Relying on this portion of the Handbook, defendants assert that “specifying the dates of appointment [in the appointing documents] has nothing to do with the promise of continued employment but only pay and fringe benefits.” (Reply Brief at 7). This is an interesting and creative argument that has appeal on the surface, but it is a proposition that the Court is not persuaded to accept. Defendants are forced to rely on the Faculty Handbook to make this assertion. Yet, in the same breath, they remind the Court that “absent a promise of employment for a definite duration, policy manuals and handbooks are meaningless.” (Reply Brief at 8). Although this is a correct statement of Indiana law, see, e.g., Tri-City Comprehensive Community v. Franklin, 498 N.E.2d 1303, 1306 (Ind.App.1986), it shows the logical fallacy and circular nature of their argument that the appointment date