Full opinion text
MEMORANDUM AND ORDER LINDBERG, District Judge. Plaintiff, Barbara Schneider, filed a complaint alleging that defendant, Northwestern University, committed sex discrimination and retaliated against her in violation of Title VII, 42 U.S.C. § 2000e, et seq., when defendant denied her tenure and failed to promote her from assistant professor to associate professor. The evidence in this bench trial was heard over 27 days between November 7,1994, and March 1, 1995. Although the parties inelud-ed proposed findings of fact and conclusions of law in the final pretrial order (FPTO), USDistCt, NDI11, Model FPTO, they were inadequate to the court’s purposes in light of the evidence adduced and the rulings made at trial. Therefore, the parties were required to submit post-trial proposed findings of fact and conclusions of law. In addition to following this court’s guidelines for such proposed findings and conclusions, see USDistCt, NDI11, Guidelines for Proposed Findings of Fact and Conclusions of Law, the parties were required to cite to the record to support their proposed findings of fact and, in defendant’s case, any denials of plaintiff’s proposed findings of fact. The parties submitted-their proposed findings of fact and conclusions of law in May of 1995. The court granted plaintiffs motion for oral closing arguments on June 6, 1995. However, due to various scheduling difficulties, closing arguments were not held until October 10, 1995. The court now renders its decision. FINDINGS OF FACT There are 107 numbered paragraphs in plaintiffs proposed findings to which defendant has responded with answering proposals. Some of defendant’s answering proposals respond to multiple consecutive paragraphs of plaintiffs proposed findings. The court will follow the lead of the parties and, so far as possible, state its findings in paragraphs numbered to correspond with the numbered paragraphs in plaintiffs proposed findings and defendant’s answering proposals. In a few instances, the court’s findings will not lend themselves to exact correspondence with plaintiffs proposed findings. The court makes the following findings of fact: 1. Plaintiff, Barbara L. Schneider, is a female citizen of the United States who resides within this judicial district. At all times relevant and material to this action, plaintiff was an “employee” of defendant Northwestern University within the meaning of Title VII. 2. Defendant Northwestern University is a private university with its main campus located in Evanston, Illinois. At all times relevant and material to this action, defendant employed more than 15 employees and therefore was an “employer” within the meaning of Title VII. 3. Tenure is a faculty appointment for an unlimited term. The primary purpose of tenure is to protect academic freedoms. Once tenure is conferred, a faculty member may only be dismissed for gross misconduct. 4. Defendant’s Board of Trustees has the ultimate authority to grant tenure. 5. The dean, the provost, and/or the Board of Trustees have the authority to deny tenure. A dean’s decision to deny tenure is final unless the tenure candidate appeals the dean’s denial to the University Faculty Reappointment, Promotion, Tenure and Dismissal Appeals Panel (UFRPTDAP) or to the provost. Thus, although the dean’s action in this regard is often referred to as a “recommendation to deny tenure,” it is in fact defendant’s decision to deny tenure unless successfully appealed. See Lever v. Northwestern University, 979 F.2d 552 (7th Cir1992). Ordinarily, the University President is not involved in a decision to deny tenure. 6. Tenure candidates may appeal a dean’s decision to deny tenure to UFRPTDAP or to the provost. An appeal to UFRPTDAP is made on the grounds of improper procedure. If an appeal to UFRPTDAP is taken, the provost defers his decision on the appeal until UFRPTDAP has submitted its recommendation to him. 7. Northwestern’s Schools and Colleges may establish their own tenure procedures within this framework. 8. Northwestern’s School of Education, later renamed the School of Education and Social Policy (hereafter referred to as the “School of Education” or the “School”), established tenure procedures that governed each of plaintiffs tenure reviews. Plaintiff was first reviewed for tenure during the 1984-85 academic year. She was again reviewed for tenure during the 1985-86 academic year. In each of those years, a male received tenure and promotion to the associate professor level when plaintiff was denied tenure. Specifically, Bruce Spencer was tenured in 1985, and Dan Lewis was tenured in 1986. During the period in which plaintiff was employed by defendant and David Wiley was dean of the school, there were five other tenure reviews; Karen C. Fuson and Diana Slaughter were granted tenure in 1979-80, Michael PiechowsM was denied tenure in 1982-88, Elizabeth Sulzby was granted tenure in 1982-83, and Fay L. Cook was granted tenure in 1984-85. Plaintiffs 1986 denial of tenure is the subject of this action. 9. The School of Education’s procedures involved a multi-level tenure review process. That process culminated in the dean either denying tenure or recommending to the provost that tenure be granted. 10. Faculty members at Northwestern are ranked in the following descending order: professors; associate professors; assistant professors; instructors; and lecturers, research associates, and teaching associates and assistants. Generally, professors and associate professors are appointed with tenure. All other faculty members are appointed without tenure for limited terms. 11. Full-time service in the faculty ranks of instructor, assistant professor, and associate professor count toward tenure accumulation. Service in the ranks of lecturer and research associate is not “tenure accumulating.” 12. Northwestern adheres to the principles of the American Association of University Professors (AAUP) regarding the defacto grant of tenure. Tenure at Northwestern is acquired de facto in the seventh year of a faculty member’s full-time service in tenure-accumulating ranks, unless the faculty member receives notice during the sixth year that the seventh year of employment will be “terminal.” Tenure de facto is automatic. It is conferred without a tenure review solely by reason of the faculty member’s appointments. 13. To avoid tenure de facto, an assistant professor is typically reviewed for tenure during his or her sixth year of employment. 14. Most junior faculty hired by Northwestern are appointed as assistant professors for an initial three-year term. At the end of that three-year period, an assistant professor is reviewed for reappointment to a second three-year term. A tenure review typically occurs during the sixth year of the assistant professor’s employment (i.e., the last year of the second three-year term). If an assistant professor is granted tenure, the term of the appointment is for an indefinite period. Assistant professors are typically promoted to the rank of associate professor when tenure is conferred. If an assistant professor is denied tenure, the seventh year of employment is designated as his or her “terminal year,” that is, the individual’s employment terminates at the end of the seventh year. 15. David Wiley was the dean of Northwestern’s School of Education from April 1979 through August 1992. Three tenure review procedures applied to tenure reviews conducted in the School of Education during Wiley’s deanship; the 1979 procedures; the 1981 procedures; and the 1984 procedures. 16. The 1984 procedures governed each of plaintiffs tenure reviews. With respect to her 1984r-85 review, Dean Wiley gave plaintiff a choice and she chose to have the 1984 tenure review procedures, instead of the 1981 procedures, apply, except that she was allowed to, and did, elect to have a program review conducted with respect to her teaching and service. 17. A comparison of the 1984 procedures with the pre-1984 procedures does not reveal that the School of Education faculty relinquished control over tenure review to the dean in 1984. It does reveal that one of the many levels of review in the process was eliminated and that the required composition of ad hoc committees was altered somewhat. 18. Prior to 1984, a tenure candidate in the School of Education submitted materials to his or her program area for review. The program area evaluated the candidate’s materials, solicited peer reviewer letters (from scholars in the candidate’s field) and drafted a written report recommending that tenure be granted or denied. The report was submitted to the Faculty Personnel Review Committee (FPRC), a six-person elected faculty committee with oversight responsibility for the tenure review process. The dean then selected an ad hoc committee to review the program area’s report. The dean and the FPRC reviewed the ad hoc report for completeness. Once accepted on that basis, the report was sent to the candidate to present additional evidence to the FPRC in oral or written form. The FPRC then considered all of the evidence (the ad hoc report and the candidate’s materials) and made a recommendation to grant or deny tenure to the dean and the tenured faculty of the School of Education. The tenured faculty also made a recommendation to accept or reject the ad hoc report to the dean, who made the ultimate decision at the School level either to deny tenure or to recommend granting tenure. 19. The School of Education faculty and not Dean Wiley requested and approved the changes in the School’s tenure review procedures from 1979 to 1981 to 1984. The 1984 procedures eliminated the formal program area review because the review was redundant in view of the ad hoc committee review and made the tenure review process too long. Under the 1984 and pre-1984 procedures, the dean selected the ad hoc committee members. The pre-1984 procedures required the dean to appoint one ad hoc committee member from the FPRC whereas the 1984 procedures required the dean to appoint one ad hoc committee member from the candidate’s program area. In addition to selecting a faculty member from plaintiffs program area, Dean Wiley selected an FPRC member to serve on plaintiffs 1985 and 1986 tenure ad hoc committees. The ad hoc committee’s role did not change under the 1984 procedures from the pre-1984 procedures. 20. Once the ad hoc committee submitted its report, the 1984 procedures were almost identical to the earlier procedures. The candidate was given an opportunity to comment on the ad hoc report. The FPRC and the tenured faculty in the School of Education then either accepted or rejected the ad hoc committee’s recommendations, and, ultimately, the dean either decided to deny tenure or made a recommendation to the provost to grant tenure in the particular case. 21. Under both the pre-1984 and the 1984 procedures, the dean’s office played a central role in all tenure reviews. The dean collected the candidates’ materials, selected the ad hoc committee, disseminated the materials to the ad hoc committee, contacted peer reviewers on the ad hoc committee’s behalf, and collected the peer reviews and disseminated them to the ad hoc committee. 22. Not all individuals reviewing a tenure candidate had equal access to information. In an effort to maintain confidentiality, only the ad hoc committee members and the dean had access to a tenure candidate’s unredact-ed peer review letters. The ad hoc report was made available to the dean, the candidate, and the FPRC. The Senior School Faculty does not receive peer review letters, though they do review the ad hoc committee report at the meeting in which they vote on a candidate’s tenure qualifications. 23. The dean’s selection of the ad hoc committee could conceivably affect the outcome of a tenure review. Selection of committee members who were personally biased, either in favor of or against, a tenure candidate could affect the result. Selection of committee members who had unusually high standards or unusually low standards for a favorable recommendation could also affect the result. However, given the subsequent review of the ad hoc committee’s report by the FPRC and the Senior School Faculty, senior academies likely to be determinedly independent in their judgments, such selection of an ad hoc committee would by no means assure a particular tenure outcome. 24. A tenure outcome could also conceivably be affected by sending a less than adequate or representative sample of a candidate’s work to peer reviewers. This too would not necessarily assure a particular tenure outcome. Some or all of the peer reviewers could be familiar with the candidate’s work and so not be limited in their information. Also, the unredacted letters would be reviewed by the ad hoc committee, and the FPRC and Senior School Faculty would consider the excerpts from the letters used to support the conclusions contained in the ad hoc committee report in making their decisions. However, given the near unanimity of good reviews normally necessary for tenure at Northwestern, the outcome of a tenure review might in some instances be affected by sending a less than adequate or representative sample of a candidate’s work to peer reviewers. 25. Tenure candidates are evaluated in three areas: teaching, service (within the institution and to the academic community), and scholarship. Of these, scholarship was the most important criterion for tenure within the School of Education. 26. Under the School of Education’s 1984 procedures, a tenure candidate’s scholarship was initially reviewed by the ad hoc committee and by peer reviewers (scholars in the candidate’s field). Dean Wiley used the candidate’s publication record in first-tier journals, the evaluations of external peer reviewers, and the ad hoc committee’s, the FPRC’s, and the Senior School Faculty’s recommendations to cross-validate his own conclusions about the candidate’s scholarship and qualifications for tenure. 27. A candidate’s scholarship was reviewed in terms of quality and quantity. The ultimate question for tenure was whether the candidate would be “a substantial and important contributor to his or her field of scholarship in the future.” In order to merit tenure at Northwestern, a candidate’s scholarship must meet the highest professional standards in the candidate’s discipline and the candidate must have an established record of scholarly achievement. 28. Plaintiffs teaching and service were not at issue during her 1986 tenure review. 29. Northwestern denied plaintiff tenure on the basis of the quality of her scholarship including the failure to have articles accepted by and published in first-tier refereed journals. 80. Plaintiff began her academic career at Northwestern as an instructor in the School of Education on September 1, 1977. Effective September 1, 1979, she was promoted to the rank of assistant professor. Plaintiff continued as an assistant professor until she was terminated by Northwestern after she failed to attain tenure and promotion to the rank of associate professor during the 1985-86 academic year. Her employment officially ended on August 31,1987. 31.Under Dean Wiley, there were four program areas in the School of Education: (1) Administration and Policy Studies; (2) Counseling Psychology; (3) Human Development and Social Policy; and (4) Teaching-Learning Processes. Plaintiffs program areas was “Administration and Policy Studies.” 32. During the first six years of her employment at Northwestern, plaintiff held administrative titles along with her faculty appointments. Plaintiff was director of the Dean’s Network — a consortium of deans of schools of education from 21 colleges and universities — from 1977 until 1981. B.J. Chandler, David Wiley’s predecessor, first appointed plaintiff to that position which she continued to hold under Dean Wiley. Dean Wiley appointed plaintiff to the newly-created position of Assistant Dean for Research in 1979. Plaintiff held the title of Assistant Dean for Research from 1979 to 1981, and Associate Dean for Research from 1981 to 1983. 33. Plaintiffs administrative positions impeded her ability to devote full time to scholarship. During the period of 1979 to 1981, plaintiff averaged an 80-hour workweek with fifty per cent of her time devoted to the assistant deanship and the remaining fifty per cent of her time divided equally between the Dean’s Network and her scholarship. Plaintiffs work as director of the Dean’s Network also provided her with contacts with deans and other faculty members in Schools of Education and during that time she did pursue research with the intent of having -the research published. Plaintiffs positions as Assistant and Associate Dean of Research also exposed her to colleagues’ scholarship. Dean Wiley allowed plaintiff to resign from the Dean’s Network and limit her administrative responsibilities as an associate dean to 20 hours per week so that she could devote more time to her scholarship. 34. Prior to Dean Wiley’s hire, plaintiff began her employment at Northwestern in a full-time administrative capacity although she also held a faculty rank. Because the funding for her initial positions at Northwestern came entirely from outside of the School’s faculty budget, plaintiff received a series of one-year contracts instead of the typical three-year faculty appointment of assistant professor. After plaintiff expressed interest in becoming a full-time faculty member and being considered for tenure in the School, Dean Wiley, without taking a vote of the Senior School Faculty but believing he had their agreement, granted plaintiffs request by placing her on tenure track in April 1981 so' that she could be considered for tenure. At that time, Dean Wiley also placed Lee Blum on tenure track. - 35. Beginning in 1980 orally, and in 1981 in writing, plaintiff requested relief from her administrative responsibilities so that she could devote full-time to scholarship. Dean Wiley for a period of time declined those requests on the ground that plaintiffs faculty appointment was contingent on her administrative appointment. Upon Dean Wiley’s approval, plaintiff resigned from her position as director of the Dean’s Network effective June 30,1981. Plaintiff also expressed interest in resigning from her Assistant Dean of Research position during that time. Dean Wiley could not grant plaintiffs request at that -time because plaintiffs faculty appointment was predicated upon her administrative responsibilities in that there were not sufficient resources in the faculty budget at that time to shift her position to a regular faculty appointment. 36. In 1983, Dean Wiley granted plaintiffs request to resign from her Associate Dean of Research position because faculty members had enough experience in the grant application process by that time to assume plaintiffs responsibilities on their own. Plaintiffs 1983 reappointment ad hoc committee recommended that “efforts should be made to insure that her nonresearch duties are minimal.” Dean Wiley did not relieve plaintiff of her administrative duties solely because of that advice, although it was a contributing factor. 37. Administrative duties in the School were not gender-related and did not of themselves preclude a faculty member from ultimately obtaining tenure. Fay Cook, • a female faculty member who had administrative duties prior to her tenure review, obtained tenure; male faculty members such as Malcolm Bush, Martin Gill, Michael Rapp, and David Florio who had administrative duties did not obtain tenure; and Michael Pieehow-ski, a male faculty member who did not have administrative duties did not obtain tenure. During David Wiley’s deanship, no male assistant professors ever held administrative titles while on tenure track. 38. When David Wiley became dean, he appointed Margaret Lee, at that time the only tenured female full professor on the faculty, to fill the newly-created position of Associate Dean for Student Affairs. That position focused on undergraduate students in the School of Education. Dean Wiley also appointed Richard Lesh, a tenured male faculty member, to an administrative position. 39. Prior to Dean Wiley’s hire, Lee Blum began her Northwestern employment in an administrative capacity as head of the School’s Master’s-Training Program in Counseling Psychology and also held a faculty rank. In April 1981, Dean Wiley placed Lee Blum on tenure track. At Ms. Blum’s request, Dean Wiley appointed a special ad hoc committee regarding her chances of obtaining tenure. This committee, chaired by Elizabeth Sulzby, issued a report informing Ms. Blum that her chances of obtaining tenure were slim. After reviewing the report, Ms. Blum withdrew her candidacy for tenure and made arrangements with Dean Wiley for an administrative appointment, eoterminus with a courtesy appointment as assistant professor in the School. In order to obtain these appointments, Ms. Blum was asked by Dean Wiley to forfeit any right to tenure she might have; in his thirteen years as dean, David Wiley never asked a male faculty member to forfeit any tenure rights. Ms. Blum still holds these appointments, with the exception that she has been promoted from assistant to associate professor. 40. There was some disagreement between practice in the School of Education and the policy of Northwestern, as expressed by the provost, as to when an individual was on tenure track. In the School of Education, the practice was that an individual could be appointed instructor or assistant professor under some circumstances and'yet not be on tenure track. As far as the provost was concerned, being appointed to a tenure-accumulating position (i.e., instructor, assistant professor, associate professor, or professor) was synonymous with being on tenure-track — in fact, was how one got on tenure track — and an individual who was not in a tenure-accumulating position (i.e., who was not on tenure track) should not be called instructor or assistant professor while a full-time administrator. Dean Wiley did not understand tenure accumulation until some time in the process of determining plaintiffs status for purposes of tenure when she was placed on tenure track. The result of the combination of the School of Education’s practice and Northwestern’s policy as expressed by the provost has been for the School of Education to partially divorce tenure-accumulation from tenure track, making it possible in some cases for time to count toward tenure (i.e., for the position to be tenure-accumulating) at a time when it is understood that there is no commitment by the School of Education that it will consider the individual for tenure and that the individual has no right to be reviewed for tenure (i.e., at a time the individual is not on tenure track). 41. A faculty vote is generally required to be appointed to a tenure-accumulating position, and was held for initial appointments during Dean Wiley’s administration. Under the School of Education’s practice, a vote of the faculty has not always been a requirement to place an individual on tenure track. It is, however, very unusual for an individual to be placed on tenure track without a vote of the senior faculty. Some members of the faculty were upset when Dean Wiley placed plaintiff and Lee Blum on tenure track without a faculty vote, as evidenced by the statement of James Hall: ‘Wiley, this is another one of your pronouncements.... What you are doing here, Wiley, is taking these two women and putting them in a lifeboat in the middle of Lake Michigan, then sticking a hole in it and watching them drown.” 42. Plaintiff and Lee Blum were unaware that they had been in tenure-accumulating positions prior to Dean Wiley’s informing the faculty that they were being placed on tenure track. Dean Wiley, also, was unaware of this. 43. Plaintiff believed Dean Wiley when he told her prior to April 1981 that she was not on tenure track. Dean Wiley told plaintiff that a tenure track offer from another research university would lend credence to her desire to be placed on tenure track. Plaintiff obtained an offer from UCLA. That offer was not communicated to the faculty at the April 1981 meeting when Dean Wiley announced that plaintiff and Lee Blum were being placed on tenure track. No male faculty 'member was ever required to obtain a tenure track offer as a prerequisite to a tenure track appointment. 44. Plaintiffs non-typical employment history at Northwestern required Dean Wiley to calculate the amount of plaintiffs tenure accumulation in order to determine the length of her 1983 reappointment as an assistant professor. Dan Lewis’s atypical one-year employment contracts similarly necessitated a review of his tenure accumulation status in 1983 in order to determine when he might be reviewed for tenure. Because of the interplay between the School of Education’s practice and Northwestern’s policy as expressed by the provost with respect to tenure accumulation and tenure track, a faculty member’s time toward tenure accumulates based on the faculty member’s rank independently of whether the Senior School Faculty have agreed that the faculty member is on tenure track and will be considered for tenure. This interplay, previously unknown to both plaintiff and Dean Wiley, resulted in plaintiff and Dean Wiley being surprised to discover that because plaintiff had held the faculty rank of instructor at Northwestern as early as the fall of 1977, the 1983-84 academic year normally would have been her terminal year under the AAUP guidelines and Northwestern’s policy. 45. If all of plaintiffs time in faculty ranks beginning in 1977 counted toward tenure, it would mean that, if plaintiff were not reviewed for tenure in 1983-84, she would receive tenure de facto. Dean Wiley did not want plaintiff, or anyone else, to receive tenure defacto. 46. In order to accommodate plaintiffs desire to be considered for tenure, stop the tenure clock, and allow plaintiff time to devote solely to her research and tenure preparation, Dean Wiley offered to place plaintiff on a non-tenure accumulating research associate leave for the 1983-84 academic year. Plaintiff would retain her faculty title of assistant professor but would take a leave of absence from that position for one year. The research associate position was not a demotion and plaintiff would lose no pay. Plaintiff was not happy about this, but initially accepted the research associate position and Dean Wiley notified her prior to August 31, 1993 (the end of her sixth year) that the 1984r-85 academic year would be her terminal year at Northwestern and that she could request a tenure review at any time prior to August 31, 1985. 47. Plaintiff appealed to Provost Mack requesting that Northwestern not count the 1977-78 and 1978-79 academic years as tenure-accumulating because Northwestern employed plaintiff solely in an administrative capacity as Director of the Dean’s Network and she did not teach any courses those years. By letter dated September 16, 1983, Provost Mack granted plaintiffs request thus extending the time until 1985 for Northwestern to review her for tenure. Plaintiff then withdrew her acceptance of the research associate appointment. At the end of the fall quarter, plaintiff wrote to Provost Mack to request that the 1979-80 academic year also not count toward tenure because she was still performing administrative duties then, but Provost Mack denied this request because she was doing sufficient teaching during that year for it to be tenure accumulating. 48. Plaintiff was first reviewed for tenure in the Spring of 1985 during the 1984r-85 academic year. This review occurred nearly seven and one-half years after she was first employed by Northwestern, two years after she had resigned as associate dean, and four years after she had been placed on tenure track by Dean Wiley. 49. The timing of the tenure review meant that plaintiffs scholarship would be reviewed before the Newcomers Study was completed. The Newcomers Study was a longitudinal study of blacks in four private urban elementary schools. Plaintiff and Diana Slaughter were the co-principal investigators of that study. 50. The Newcomers Study was based on a grant obtained from the National Institute of Education in 1983. Plaintiffs 1983 ad hoc committee that reviewed her for reappointment advised plaintiff as follows: “The implications are clear: Concentrate energies on one or two well defined projects which are likely to lead to visible publications of quality. The Newcomers Study seems to be the obvious best bet. Nevertheless, the question remains, can it be completed and recognized as a substantial contribution by the time of her tenure review.” The Newcomers Study was completed in 1986. Only portions of that study were completed in time for plaintiffs first tenure review. In the opinion of certain members of the 1985 and 1986 ad hoc committees, plaintiff did not follow the advice of the 1983 ad hoc committee to concentrate her energies on one or two projects likely to result in visible publications of quality. 51. Dean Wiley knew that the Newcomers Study was the focus of plaintiffs scholarship between 1983 and 1986. He considered the Newcomers Study to be “a significant study ... that ... was making important and novel contributions to the field.” However, Dean Wiley was “not willing to make a statement about the report [of the Newcomers Study submitted in 1986].” 52. Dean Wiley appointed Claude Mathis to chair plaintiffs 1985 ad hoc committee. As chair, Mathis was responsible for drafting the 1985 ad hoc report, which recommended against plaintiffs tenure. Mathis was a tenured professor in the School of Educations and the coordinator of plaintiffs program area — Administration and Policy Studies. Plaintiff talked to Mathis about the report, not knowing at the time that he was on the ad hoc committee. He said to her, “Barbara, why are you worried about this. Why don’t you just go home and have some more babies.” Mathis had made similar statements to plaintiff on other occasions and a similar statement about going home and having babies instead of finishing her dissertation to a female graduate student named Trudie Tarkington. 53. At the time of plaintiffs first tenure review, there were no female tenured faculty assigned to her program area on a full-time basis. The male tenured faculty assigned to Administration and Policy Studies were: Claude Mathis, Robert Church, Lee Anderson, William Hazard, John Wick, and Dean Wiley. 54. Karen Fox was a female assistant professor who was assigned to the Administration and Policy Studies program area on a full-time basis in the late 1970s who voluntarily left Northwestern to take a position at another university prior to being reviewed for tenure. Fay Cook, a female assistant professor, was assigned to the Administration and Policy Studies program area during plaintiffs employment and was reviewed for and granted tenure during the time of plaintiffs first tenure review, the 1984^85 academic year. No other female assistant professors were eligible to receive tenure in that program area during the ten years of plaintiffs employment. 55. Bruce Spencer, a male assistant professor, was tenured in the area of Administration and Policy Studies during the 1984-85 academic year. 56. After reviewing plaintiffs tenure materials in the Spring of 1985, including her written papers, curriculum vita, peer review letters, the ad hoc committee’s and the FPRC’s unanimous recommendations that plaintiff not be granted tenure, and the Senior School Faculty’s split vote, Dean Wiley determined that plaintiff did not have the near unanimity of support of her scholarship necessary for an award of tenure at Northwestern. Dean Wiley therefore decided to deny plaintiff tenure and promotion in 1985 and informed plaintiff that 1985-86 would be her terminal year. Plaintiff appealed that decision to UFRPTDAP on the ground that the tenure review was premature. The UFRPTDAP panel recommended that plaintiff be re-reviewed for tenure during the 1985-86 academic year based on conflicting interpretations plaintiff received concerning when her tenure began to accumulate. The provost accepted UFRPTDAP’s recommendation, and plaintiff was re-reviewed for tenure in 1986. 57. Under Dean Wiley’s deanship, only plaintiff received two tenure reviews. Karen Fuson received two tenure reviews, but only the second was under Dean Wiley. 58. Karen Fuson was initially denied tenure in 1977-78. Her first tenure review occurred very early, after only two years of employment at Northwestern under former Dean B.J. Chandler. She subsequently married James Hall, a tenured full professor in Northwestern’s School of Education. After her marriage to Hall, Dr. Fuson attained tenure upon Dean Wiley’s recommendation effective September 1, 1980. Dean Wiley recommended that Northwestern grant Karen Fuson tenure because his evaluation was that she was an extraordinarily high quality scholar. Her marriage to James Hall had nothing whatsoever to do with Northwestern’s decision to grant her tenure. 59. Plaintiff wanted her second tenure review to be untainted by the first. To this end, Dean Wiley granted plaintiffs requests to have a completely different ad hoc committee for her second tenure review and to be relieved from her teaching duties during the Spring Quarter of 1986. Dean Wiley also delayed plaintiff’s tenure review process until the beginning of the Spring Quarter, instead of requiring her to submit her tenure materials the previous fall. Dean Wiley did, however, provide plaintiffs 1986 ad hoc committee with her 1984-85 ad hoc committee report and peer review letters at the request of the committee, contrary to her wishes. 60. All members of plaintiffs 1986 ad hoc committee had prior contact with the candidate. Dean Wiley selected Robert Church, Karen Fuson, Oswald Werner, and Andrew Gordon. Dean Wiley chose Robert Church and Karen Fuson as members of the committee because he highly respected their judgment and intelligence. Dr. Church was a member of plaintiffs program area and Dr. Fuson was a member of the FPRC. Dean Wiley chose Andrew Gordon as a member of the committee because his expertise on social organizations and effectiveness of social programs overlapped with plaintiffs areas of research in school organization. Dean Wiley chose Oswald Werner as a member of the committee because his work on social organization issues and urban programs was related to plaintiffs areas of study. 61. Robert Church and Karen Fuson knew plaintiff as a fellow faculty member in the School of Education. Robert Church was also a friend of plaintiff. She was very supportive when he was going through a difficult divorce from his first wife, and he and his second wife socialized on occasion with plaintiff and her husband. Robert Church entered the assignment of serving on plaintiff’s 1986 tenure ad hoc committee thinking it was going to be an easy recommendation to grant tenure. On at least one occasion Karen Fuson’s husband, James Hall, made sexual gestures toward plaintiff. Karen Fuson did not witness James Hall making sexual gestures toward plaintiff or anyone else. 62. Oswald Werner also knew plaintiff before he served on her 1986 ad hoc committee. Werner was a full professor in the Anthropology Department of Northwestern’s College of Arts and Sciences. Werner and plaintiff had eo-chaired the dissertation committee of a graduate student named Yung Suk Lee in 1983-84. Dr. Werner thought it inappropriate for plaintiff to list herself on her 1986 curriculum vita as the first author of a proposed book that was based upon Ms. Lee’s dissertation. Werner also served as a peer reviewer in plaintiffs 1985 tenure review. He then characterized plaintiffs tenure case as borderline based on the number of her publications. At about the same time, Dean Wiley recommended Dr. Werner for a courtesy appointment in the School of Education. It is uncertain whether Dean Wiley knew that Dr. Werner reviewed plaintiff in 1985 at the time he asked Dr. Werner to serve on plaintiffs 1986 ad hoc committee. Dr. Werner’s review of plaintiff in 1985 had no conscious impact on his judgment of her scholarship in 1986, and there is no evidence that it had any unconscious impact on Dr. Werner’s judgment. 63. At the time Dean Wiley appointed Andrew Gordon to serve on plaintiffs ad hoc committee Dr. Gordon knew plaintiff. Dr. Gordon’s familiarity with plaintiff in part derived from the fact that he served on the ad hoc committee for plaintiffs reappointment. His wife, Margaret Gordon, had chaired the UFRPTDAP committee that considered plaintiffs appeal of Dean Wiley’s earlier decision to deny plaintiff tenure. From Dr. Gordon’s testimony, it was evident that he did not have an independent recollection of when Dean Wiley contacted him about being on the committee — the best he could do was state his belief that it was in the fall of 1985 because such appointments are always made in the fall. Robert Church recalled that he was contacted by Dean Wiley about being on the committee in late winter or spring of 1986. Since the appeal of the 1985 decision was not completed until November of 1985, and since the necessity of a 1986 tenure review for plaintiff was not known until the appeal was decided and the provost acquiesced in that decision, it seems most likely that Dean Wiley approached Dr. Gordon about being on the 1986 ad hoc committee around the same time as he approached Dr. Church in late winter or early spring 1986. Therefore, Dean Wiley asked Andrew Gordon to serve on plaintiffs 1986 ad hoc committee at some time after the committee on which Margaret Gordon served had completed its review of plaintiffs appeal of the 1985 decision to deny her tenure. 64. Andrew Gordon held an appointment in the Center for Urban Affairs (the Center) at the time Dean Wiley selected him to serve on plaintiffs ad hoc committee. Margaret Gordon was director of that Center. Dan Lewis then held a joint appointment in the Center and the School of Education. Fay Cook, a female faculty member in the School who obtained tenure effective September 1, 1985, also held a joint appointment in the Center. Plaintiff never applied for an appointment at the Center. The Center was funded primarily through public and private grants. For purposes of obtaining those grants, it would be better for all of those having appointments to the Center to be tenured than for them to be non-tenured. 65. Andrew Gordon mentored Dan Lewis. Dr. Gordon co-authored an article with Dan Lewis which was published before Dan Lewis’s tenure review and was sent to his peer reviewers as part of that review. Dr. Gordon also presented a conference paper with Dan Lewis at an annual meeting in San Francisco in 1982. Both Andrew Gordon and Margaret Gordon were contacted to serve as peer reviewers in Lewis’s 1986 tenure review. Margaret Gordon was a member of Fay Cook’s tenure ad hoe committee and Andrew Gordon was contacted as a peer reviewer for Fay Cook. 66.Dean Wiley typically did not have contact with ad hoc committees during their deliberations. Dean Wiley only met with plaintiffs 1986 ad hoe committee once or twice. It was not unusual for Dean Wiley to contact peer reviewers on behalf of an ad hoc committee — such contact was more likely when there was a time constraint, as was the ease during plaintiffs 1986 tenure review. Because Dean Wiley had expertise in plaintiffs area of study, plaintiffs ad hoc committee solicited Dean Whey’s input into the selection of peer reviewers for plaintiff in 1986. After plaintiffs 1986 ad hoc committee selected her peer reviewers, the dean’s office contacted each peer reviewer to determine whether the peer reviewer could review plaintiffs work in the short amount of time necessaxy to enable plaintiffs tenure review process to be completed by the end of the Spring Quarter. When the ad hoc committee had not received a written response from James March near the end of the process, at the ad hoc committee’s request, Dean Wiley contacted Dr. March for his comments and passed those comments on to plaintiffs ad hoc committee. There was no evidence that Barbara Heyns or any other peer reviewer held a bias against plaintiffs work. There was evidence, however, that plaintiff had written and had published a negative review of a book written by Barbara Heyns; that several of the reviewers had professional, and a few had personal, relationships with Dean Wñey; and that there were among the reviewers individuals who did not completely share plaintiffs professional views about private education. Plaintiff recommended Hank Levin, Charles Bidwell, and William Schmidt to her ad hoc committee as appropriate peer reviewers. Dean Wiley suggested that plaintiff list James Coleman as a peer reviewer, and Dr. Coleman gave plaintiff favorable reviews and testified for her at trial. James March is an eminent organizational theorist who has expertise in plaintiffs area of research in school organizations. Dr. March is not a social friend of Dean Whey but rather a professional acquaintance. Henry Levin was one of the leading scholars in the country who focused on econometric production function models for analyzing the effectiveness of schooling, another of plaintiffs areas of research. Dr. Levin was also the co-editor of a book that had accepted one of plaintiffs chapters for inclusion. Dean Whey did not summarize his telephone conversation with Dr. Levin for plaintiffs 1986 ad hoc committee because Dr. Levin sent a separate letter. Charles Bidwell was an appropriate person to review plaintiffs scholarship as he was Chairman of the Department of Education at the University of Chicago. Although plaintiff called two of her peer reviewers as witnesses at trial, neither testified that Dean Whey attempted to influence their evaluations of plaintiffs scholarship. 67. The 1986 ad hoc committee met on April 24, 1986, and requested that plaintiff revise her curriculum vita. 68. In checking plaintiffs curriculum vita against her submitted works, Karen Fuson found that plaintiffs vita was overstated and did not accurately represent the status of her work. The committee requested plaintiff to revise her vita and clarify the status of ah of her papers. The revised vita that the ad hoc committee sent to the peer reviewers accurately reflected the status of plaintiffs work. 69. Michael Piechowski’s ad hoc committee did not conduct such “detective work” because his vita accurately reflected the status of his works. 70. Dean Wiley sent a letter to plaintiff’s peer reviewers that stated, “As none of these book manuscripts is finished enough to send to you, I am instead enclosing the papers that represent recent scholarship and suggest the kind of work which Barbara intends to include in the books she is now preparing.” There was no evidence that any other tenure candidate, whether male or female, had a letter sent to peer reviewers with a similar statement. However, the letter sent to plaintiffs peer reviewers accurately reflected the status of plaintiffs work in that plaintiff had not completed any book manuscripts. 71. In Dan Lewis’s and Bruce Spencer’s cases, the letters to the peer reviewers asked them to review the candidates’ scholarly and professional contributions and their future potential as scholars. In plaintiffs case, peer reviewers were asked to evaluate whether her papers and publications manifested “sufficient strength and depth of scholarship to qualify her for tenure at a School of Education whose primary goals are research and doctoral training” and were asked to comment on whether the reviewer “would support [plaintiff] for tenure at [the reviewer’s] own institution.” 72. In 1985, there were only nine peer reviewers who responded for Bruce Spencer compared with sixteen for plaintiff. In 1986, there were nineteen peer reviewers who responded for plaintiffs tenure review, exceeding the number of peer reviewers who had responded during Dan Lewis’s, Bruce Spencer’s, Fay Cook’s, or Michael Piechowski’s tenure reviews. 73. Jn determining which of plaintiffs papers to send to her peer reviewers, plaintiffs 1986 ad hoc committee selected recent articles in which plaintiff was either the sole or first author from each of the research areas set forth in plaintiffs Statement of Purpose (except for her research on Asian-American students for which no article was available). The ad hoc committee selected: (1) “The Salt of the Earth” because plaintiff was the first author, plaintiff had presented the paper publicly at a recent AERA meeting, and it reflected plaintiffs work with respect to mid-career teachers; (2) “Tracing the Provenance of Teacher Education” because plaintiff was the sole author, it was to be published as a chapter in an edited book, and it reflected plaintiffs work on the Quality of the Doctorate data collection; (3) “Further Evidence of School Effects” because plaintiff was the sole author, the article had been published in a refereed journal, the article reflected plaintiffs dissertation research, and the article was substantive and technical; (4) “Trends in Private Schools: School and Class Size Implications” because plaintiff was the first author, the article was recent, the article was derived from the Newcomers Study, and the article demonstrated plaintiffs empirical and analytical abilities; (5) “Private Schooling: An Equity Perspective” because plaintiff was the sole author, the article was recent, and the article was derived from the Newcomers Study; and (6) “Parents and School Life: Varieties of Parent Participation in Differing Types of Private Schools” because plaintiff was the first author, the article was recent, the article was derived from the Newcomers Study, the article demonstrated plaintiffs empirical ability, and plaintiff indicated that the article’s findings were cited as making an important contribution in the literature. 74. Plaintiffs ad hoc committee had many reasons for not sending plaintiffs peer reviewers the Newcomers Study or chapters from it. The Study was an unpublished final report to a granting agency rather than a book manuscript and it had not undergone any peer review process. Even plaintiff suggested not sending the entire Study to her peer reviewers because of its length (1000 pages), especially given the brief amount of time that the reviewers had to return their evaluations. The ad hoc committee did not send plaintiffs peer reviewers chapters of the final report principally written by plaintiff because it would be difficult for them to assess those chapters without the remainder of the report and the senior author of the Study, Diana Slaughter, conceptualized the Study and extensively collaborated with plaintiff on all of the chapters. Moreover, the committee sent to her peer reviewers plaintiffs more recent complete articles derived from the Newcomers Study where plaintiff was the first author. 75. The dean’s office informed plaintiffs peer reviewers that Northwestern would send them any additional item listed on plaintiffs vita upon their request. Plaintiff did not request that the ad hoc committee not send any of the articles that were sent to her peer reviewers. Where plaintiff asked the committee not to send a particular article to her peer reviewers, the committee complied with plaintiffs request. 76. Because of the importance of tenure, at Northwestern a tenure candidate’s peer review letters must be nearly unanimous in support of the candidate’s scholarship to support a positive tenure decision. Plaintiffs 1986 a/1 hoc committee received an alarming number of peer review letters that consistently raised very specific and substantial criticisms of her scholarship. The ad hoc committee did not misrepresent any peer review letter and it quoted from both positive and negative peer review letters in its report. The committee also did not quote in the report the most severe criticism of her work from a peer reviewer. Plaintiffs ad hoc committee contacted Thomas Popkewitz for a substantive review of plaintiffs work and he wrote a favorable letter. Diana Slaughter and Elizabeth Sulzby were not contacted to be peer reviewers. They, however, provided input into plaintiffs tenure review as senior faculty members in the School. 77.The ad hoc committee exercised its academic judgment and reviewed all of plaintiffs submitted articles during its deliberations. The committee cited three articles in the report to illustrate recurring problems in plaintiffs scholarship. In “Educational Choice of Blacks in Urban Private Schools,” which plaintiff had submitted for publication as a chapter in an edited book, plaintiff made elementary errors in data interpretation and erroneous conclusions by comparing proportions of families selecting private education in a $10,000 income increment with proportions of other families selecting private education in $5,000 income increments. Plaintiff also did not set forth evidence supportive of her conclusions regarding parental school choices. The ad hoc committee reviewed the latest version of the “Educational Choice” article that plaintiff provided the committee. In “Private Schooling: An Equity Perspective,” which plaintiff had sole-authored and was derived from the Newcomers Study, plaintiff misinterpreted data from a chart when she calculated the proportions of minorities and non-minorities below the poverty level who selected private schools for their children. This error led plaintiff to conclusions opposite of those actually supported by her data. In “Salt of the Earth,” which plaintiff had presented publicly at a recent AERA meeting, plaintiff failed to explicitly set forth the limitations of her sample, which was a very limited and homogeneous sample, which would have guided the reader as to the validity of the generalizations she was making. The committee found that: Throughout our review of her writings, we were deeply troubled by the persistent incongruities between her arguments and the data she used to support those arguments. Her papers do not display the kind of sustained scholarly argument supported by data that is needed to advance the frontiers of research in a field. 78. The FPRC made no recommendation concerning plaintiffs 1986 tenure review. 79. A near unanimous recommendation of the Senior School Faculty is necessary to consider the vote a positive one for purposes of recommending tenure. In June 1986 the Senior School Faculty was almost evenly split on whether to recommend tenure for plaintiff, voting six to five against tenure and promotion. The Senior School Faculty also passed two resolutions; one commenting that plaintiffs ad hoc committee report exhibited a lack of balance and the second stating that plaintiff was promising and would receive tenure in another institution. 80. After carefully considering plaintiffs scholarly work, her ad hoc committee’s unanimous recommendation that plaintiff not be granted tenure, her peer review letters, the FPRC and Senior School Faculty deliberations, and the Senior School Faculty’s negative recommendation, Dean Wiley concluded that plaintiffs scholarship exhibited a lack of craftsmanship and was not sufficiently strong to merit an award of tenure at Northwestern. Dean Wiley decided not to grant plaintiff tenure and promotion, and informed plaintiff by a letter dated June 30, 1986, that “the University has decided not to grant you promotion and tenure.” The provost did not review plaintiffs scholarly materials or the tenure process; the reason the provost did not substantively review plaintiffs tenure qualifications was that plaintiff did not appeal the decision to the provost on substantive grounds. Sex discrimination could have influenced plaintiffs tenure review without the provost’s knowledge. 81. Plaintiff appealed Dean Wiley's decision to deny her tenure to UFRPTDAP in August 1986. In her UFRPTDAP appeal, plaintiff made an allegation of sex discrimination. The UFRPTDAP Panel, chaired by female faculty member Carol Simpson Stern, who was very active in the AAUP and a strong advocate for the faculty, thoroughly investigated the allegations contained in plaintiff’s appeal, including her allegations of sex discrimination, and found that they lacked merit. The UFRPTDAP Panel recommended to the provost that plaintiff’s appeal be denied. 82. Plaintiff filed her Equal Employment Opportunity Commission (EEOC) charge alleging sex discrimination on April 6, 1987. Dr. David Cohen, acting in lieu of then-Provost Robert Duncan, reviewed UFRPT-DAP’s report and, being satisfied with its thoroughness and completeness, notified plaintiff by letter dated April 17, 1987, that he was denying her appeal of her tenure denial. The provost does not normally conduct independent investigations of UFRPT-DAP appeals in that such investigations are the primary province of the UFRPTDAP panel. 83. The evidence does not support the conclusion that when Dean Wiley influenced the review processes of female faculty the results were negative and that when he influenced the reviews of male faculty the results were positive. Upon Dean Wiley’s positive recommendation, Northwestern granted tenure to Elizabeth Sulzby despite the negative recommendation of her ad hoc committee. Upon Dean Wiley’s favorable recommendation, Northwestern granted tenure to female faculty members Karen Fuson, Diana Slaughter, and Fay Cook. Dean Wiley denied tenure to male faculty member Michael Piechowski, even though both the FPRC and Senior School Faculty recommended that he be granted tenure. 84. Bruce Spencer, Fay Cook, and plaintiff were reviewed for tenure during the 1984-85 academic year. Both Bruce Spencer’s and Fay Cook’s ad hoc committee reports were very positive and the FPRC sent Bruce Spencer’s ad hoc committee report back for rewriting because it was judged to be unduly positively biased. Dr. Spencer suggested to Dean Wiley that his ad hoc committee send certain articles to his peer reviewers and Dean Wiley communicated his request to the ad hoc committee. Northwestern awarded tenure to Bruce Spencer and Fay Cook effective September 1, 1985. 85. Northwestern reviewed Dan Lewis and plaintiff for tenure during the 1985-86 academic year and awarded tenure to him effective September 1, 1986. Dean Wiley chose Bernice Neugarten, a female faculty member whom he had hired with tenure and had requested in 1983 to advise and counsel Dan Lewis on his tenure review, to chair Dan Lewis’s tenure ad hoc committee which made a positive recommendation. Dean Wiley also selected Bernice Neugarten to chair the ad hoc committees that recommended denying tenure to Michael Piechowski and granting tenure to Fay Cook. 86. Dean Wiley recommended that Dan Lewis be granted tenure because, unlike plaintiff, he had written two books and edited another, he had published articles in four first-tier refereed journals, he had peer review letters that were unanimously positive, his FPRC and Senior School Faculty recommendations for tenure were overwhelmingly positive, and the quality of his scholarly work merited tenure. Unlike plaintiff, Dr. Lewis principally relied upon qualitative, as opposed to quantitative, methods in his research, so Dean Wiley’s observation that Dr. Lewis’s multiple regression analysis could be stronger did not detract from the central theme and overall quality of Dr. Lewis’s scholarship. In contrast, at the time of her 1986 tenure review, plaintiff had not written any books nor had she had articles accepted or published in any first-tier refereed journals. 87. Dean Wiley recruited Bruce Spencer, co-taught a course with him, co-authored an article with him, supported him for a visiting professorship at Stanford University, and acted as his mentor. The visiting professorship gave Bruce Spencer additional time for his scholarship and enabled him to establish contacts with Stanford scholars who could later serve as peer reviewers for his tenure review. Andrew Gordon co-authored an arti-ele and presented a paper at a conference with Dan Lewis. Bernice Neugarten and Claude Mathis were requested by Dean Wiley at the time of Dan Lewis’s being placed on tenure track in 1983 to advise and counsel him on his tenure review. 88. Dean Wiley was plaintiffs mentor. Dean Wiley helped promote plaintiffs career and her publications, wrote letters of recommendation for her when she sought positions outside of Northwestern, recommended her for grants, worked with her on a proposal for funding research, invited her to affiliate with the ML Group for Policy Studies for Education (a research organization), helped her prepare for her reappointment review, requested that her 1983 reappointment ad hoc committee advise her “how she might most profitably direct her scholarly efforts toward the tenure review scheduled to begin early in 1985,” and helped plaintiff prepare for her 1985 tenure review. Dean Wiley did not co-author an article with plaintiff and did not help her obtain a visiting professorship. Plaintiffs work with the Dean’s Network enabled her to have contact with scholars outside of Northwestern and the research associate position that plaintiff ultimately declined would have given her additional time for her research. 89. The evidence does not establish that gender-based disparities existed in the School with respect to faculty course loads or salaries. The evidence establishes a wide range of behavior by male senior faculty during plaintiffs employment at Northwestern that plaintiff maintains demonstrates that female faculty were subjected to a “sexually-charged atmosphere.” Solomon Cy-trynbaum’s two statements to plaintiff, “Ah, the Dean’s girl Friday,” were innocuous. Claude Mathis’s habitual statements to plaintiff and to a female graduate student, “You should just go home and have babies,” were gender stereotypical statements, but hardly contributed to a “sexually-charged atmosphere.” Don Collins’s meetings with plaintiff in 1979 (before David Wiley became dean) at 5:30 in the afternoon in his darkened office during which he patted plaintiffs hand seem more strange than anything else. The most serious of the behavior occurred in social settings rather than academic ones. John Wick frequently made sexually suggestive remarks to faculty members and graduate students and touched female graduate students on numerous occasions at Friday afternoon parties. Richard Lesh made unwanted advances toward Elizabeth Sulzby in 1979 which consisted of his putting his hand on her knee and having it removed several times while she was driving him home from a Christmas party which the faculty attended. George Beauchamp made cruder unwanted advances toward Elizabeth Sulzby at the end of his retirement party in the early 1980s by grabbing and french kissing Elizabeth Sulz-by. For purposes of plaintiffs case, the most serious incidents involved James Hall who, while at Elizabeth Sulzby’s home at a party for her fiance, grabbed and French kissed Elizabeth Sulzby in the kitchen, and who on one occasion at a party grabbed plaintiffs breast. There was testimony about James Hall’s having grabbed plaintiffs breast on another occasion, but there was credible testimony from James Hall's wife, Karen Fuson, that they had been away from Northwestern on sabbatical at the time of that party and so had not attended it, so the court finds that the evidence does not establish the second breast-grabbing incident. The only evidence with respect to Dean Wiley is that he stared at plaintiff in 1979 and 1980. There is no evidence that Dean Wiley ever engaged in any unwelcome touching, sexual remarks or innuendo. Of the male faculty members who engaged in the foregoing conduct, with the exception of Dean Wiley, none was on plaintiffs 198