Full opinion text
MEMORANDUM AND ORDER CRONE, United States Magistrate Judge. Pending before the court is Defendant Texas A & M University (“TAMU”), Dr. James West (“West”) and Dr. Elvin E. Smith’s (“Smith”) (collectively, the “Defendants”) Motion for Summary Judgment (# 25). The Defendants seek summary judgment on Plaintiff Dr. Jackson Wagner’s (“Wagner”) claims asserting discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), violations of his civil rights under 42 U.S.C. § 1988, retaliation in violation of Tex.Gov’t Code Ann. § 554.001 (the “Texas Whistleblower Act”), negligent and intentional infliction of emotional distress, defamation, and fraudulent concealment. Having reviewed the motion, the submissions of the parties, the pleadings, and the applicable law, this court is of the opinion that the Defendants’ motion for summary judgment should be granted in part and denied in part. I. Background Wagner is a professor in the Department of Human Anatomy and Medical Neurobiology (the “Department”) within the College of Medicine at TAMU in College Station, Texas. Wagner has been employed by TAMU since 1974 and tenured as a professor since 1976. The Department is comprised of three core subjects: Neuroanatomy, Gross Anatomy, and Microscopic Anatomy. According to Wagner, each of the subjects is a separate specialty. Wagner has focused his entire career on Neuroanatomy. Wagner acted as the Course Coordinator of Neuroanatomy at TAMU College of Medicine continuously until 1990, and then again in 1998. In addition, from 1974 to 1989, Wagner was Head of the Department at TAMU College of Medicine. Frictions in the Department began on September 16, 1987, when Wagner, then Department Head, alleged that another professor in the Department, Dr. Michael Trulson (“Trul-son”), had engaged in scientific fraud. According to Wagner, Trulson had plagiarized, falsified, and fabricated results of dozens of experiments as well as falsely represented himself to be a medical doctor. In response to Wagner’s allegations, Trulson allegedly accused Wagner of homosexuality and improprieties such as drug abuse, theft, fraud, and improper use of prescription medicine. Wagner requested legal assistance from TAMU to defend himself against counter-charges by Trulson, but his request was denied. Wagner contends that because Trul-son was a martial arts expert, he feared violence in the office, which motivated him to carry a handgun with him to school. TAMU designated a Board of Inquiry to assess the charges made by Wagner against Trulson. On January 8, 1988, the Board of Inquiry issued a report that found Trulson had engaged in serious academic misconduct and should be terminated. TAMU submitted the report to the National Institutes of Health (“NIH”), and it was accepted by NIH. Following the report of the Board of Inquiry, TAMU and Trulson negotiated a settlement that allowed Trulson to voluntarily resign effective May 31,1988, and prevented TAMU from placing negative references in his personnel file. Wagner, who had hired Trulson, continued to press for broader inquiry into and disclosure of the allegations and findings of misconduct. In 1989, Wagner stepped down as Department Head. The circumstances of his resignation are a matter of considerable debate. Wagner contends that he was forced out because of his frequent demands for greater disclosure of the “Trulson Affair.” The Defendants claim that Wagner left voluntarily because he had been neglecting his Department Head duties and lacked the support of the Department. According to Wagner, Richard DeVaul (“DeVaul”), then Dean of the College of Medicine, promised Wagner $80,000 in start-up research funds as an offset for being required to step down as Department Head. Wagner never received these funds. Wagner continued to object to TAMU’s failure to pursue Trulson aggressively. As a result, officials at TAMU met with Dr. Suzanne Hadley (“Hadley”) at the Office of Scientific Integrity (“OSI”), an investigative arm of the NIH, at which time TAMU and NIH jointly determined to reopen the Trul-son investigation. On November 8, 1989, TAMU appointed an Investigation Committee to complete the investigation of the allegations made by Wagner. The Investigative Panel was formally charged on October 16, 1989. In March 1990, the committee issued a report (the “Norris Committee Report”) which found that Trulson had committed serious academic misconduct. The Norris Committee Report recommended, among other things, that various funding and publication organizations that Trulson had worked with be notified of the findings of misconduct, that Trulson be barred from receiving NIH funds in the future, and that Trulson’s personnel records at TAMU include the findings of the Panel. In 1991, Wagner took a sabbatical. Wagner contends that when he returned from sabbatical, he was prohibited from teaching or attending the Neuroanatomy class. Wagner therefore, instructed the University Bookstore to remove from its shelves a lab manual that he had authored on the subject of Neuroanatomy, the copyright ownership of which was later disputed. Defendant Smith, the Associate Dean under DeVaul in the College of Medicine, allegedly ordered Wagner not to remove the materials, indicating that the removal would be a breach of the terms of appointment as a faculty member, ie., grounds for termination. On December 12, 1991, Wagner reported to the OSI that TAMU allegedly was in violation of the ethical standards designed to safeguard whistleblowers. In 1992, the Office of Research Integrity (“ORI”), the successor to the OSI, ordered TAMU to conduct an investigation into whether Wagner’s claims were well-founded. On January 14, 1993, TAMU issued the “Milford Committee Report,” which concluded that Wagner’s reputation had been damaged because of TAMU’s handling of the Trulson affair or that at least his reputation had not been protected as NIH required. The Milford Committee Report recommended that Wagner be “reintegrated” immediately and completely back into the College of Medicine. The Milford Committee Report also recommended that TAMU publish the true circumstances of the Trulson case. The ORI accepted the findings of the Milford Committee Report, and in February 1993, TAMU undertook to accomplish Wagner’s reintegration into the College of Medicine. On the issues of reintegration and research funding, TAMU Associate Provost and Dean of Faculties William L. Perry (“Perry”) was named the arbitrator between Wagner and the College of Medicine. Wagner contends that the arbitration process was a special “grievance procedure” established to implement the Milford Committee Report’s recommendations. The ORI later found this procedure to be in compliance with federal regulation and requested that it be informed when TAMU published a report of the Trulson Affair, which would close the ORI’s case file on Wagner’s retaliation claims. In 1993, Wagner again served as Course Coordinator for Neuroanatomy. In July 1993, Wagner, at the advice of his physician, requested and was granted a six-month medical leave of absence to correct certain health problems, including intermittent depression, gastrointestinal disorder, nervous and physical exhaustion, respiratory insufficiency, and lower back pain. The medical leave time was deducted from his sick leave time accumulated over the years. At the same time, Defendant West became the new Department Head. While Wagner was on medical leave and upon his return in early 1994, Perry, the arbitrator, negotiated with Wagner. During these negotiations, on April 18, 1994, TAMU offered Wagner $225,000 after taxes, plus lifetime health insurance coverage, in exchange for his immediate retirement. According to Wagner, in reliance on good faith efforts to negotiate his retirement, TAMU and Wagner agreed to his taking a one-year faculty development leave from April 1994 to April 1995, during which time negotiations would continue. At the end of 1994, Defendant Smith replaced DeVaul as Interim Vice President for Health Affairs and Interim Dean of Medicine at TAMU, which placed him in a position to oversee much of the “reintegration” of Wagner into the College of Medicine. On March 1, 1995, while still on leave, Wagner wrote Perry a memorandum accepting TAMU’s offer. Perry responded by a memorandum dated March 3, 1995, stating that no proposals were on the table. On April 21, 1995, West, the current Head of the Department, informed Wagner by memorandum that he would be teaching Microscopic Anatomy (also called Microanato-my) in the Spring 1996 semester rather than Neuroanatomy. Wagner had no prior experience teaching Microanatomy. According to West’s memorandum, Wagner’s two-year absence from Neuroanatomy had necessitated fully staffing the course, leaving no vacancy. In June 1995, Wagner’s counsel, Gaines West (“Gaines”), notified TAMU by letter that Wagner was suffering from a chronic, serious health condition that required his taking leave under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq. (“FMLA”). By this letter, Wagner also alleged that his illness constituted a disability under the ADA and that he was entitled to a reasonable accommodation, specifically a part-time and modified work schedule. Wagner reported for full-time duty on September 4, 1995. Wagner allegedly worked intermittently from June to September but was charged for full-time sick leave. Wagner requested an adjustment to his leave records. On December 15, 1995, Smith notified Wagner by memorandum that on June 26, 1995, he was placed on full-time sick leave. Smith stated that Wagner never requested that his leave be changed to intermittent; therefore, Smith declined to adjust Wagner’s sick leave record. On September 19, 1995, Wagner accepted the teaching reassignment from Neuroanatomy to Mieroanatomy. Wagner initiated this action on November 30, 1995. On June 27, 1996, Wagner filed a second amended complaint alleging employment discrimination under the ADA, violations of his civil rights by deprivation of tenured teaching positions and free speech interests without due process of law in violation of 42 U.S.C. § 1983, retaliation in violation of the Texas Whistleblower Act, negligent and intentional infliction of emotional distress, defamation, and fraudulent concealment of information that would have allowed Wagner to file suit earlier. In December 1995, Smith, in a memorandum to Wagner, informed him that the Neuroanatomy Course Coordinator had expressed concern for the safety of the Neu-roanatomy faculty and the enrolled students should Wagner be permitted to interact with them. In addition, Smith stated that other faculty members had received threatening statements from Wagner regarding the use of firearms. Smith directed Wagner not to attend the lectures or laboratories for the Neuroanatomy course. Although the memorandum to Wagner was stamped “confidential,” copies were sent to three other faculty members as well as the special assistant to the Executive Vice President, Provost, and General Counsel of TAMU — Dr. John Gelderd (“Gelderd”), Perry, West, and Ms. Ruth Prescott (“Prescott”). Wagner remains on faculty as a tenured professor at TAMU, currently earning $117,-000 annually in salary and benefits. II. Analysis A. Summary Judgment Standard Rule 56(c) provides that “[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 of material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The party seeking summary judgment bears the initial burden of informing the court of the basis for his motion and identifying those portions of the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, if any, which he believes demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Williams v. Adams, 836 F.2d 958, 960 (5th Cir.1988). Once a proper motion has been made, the non-moving party may not rest upon mere allegations or denials in the pleadings, but must set forth specific facts showing the existence of a genuine issue for trial. Celoteso Corp., 477 U.S. at 322-23, 106 S.Ct. at 2552-53; Anderson, 477 U.S. at 257, 106 S.Ct. at 2514-15; Wallace v. Texas Tech Univ., 80 F.3d 1042, 1047 (5th Cir.1996); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc). The controverted evidence must be viewed in the light most favorable to the non-movant, and all reasonable doubts must be resolved against the moving party. Palmer v. BRG of Ga., Inc., 498 U.S. 46, 49 n. 5, 111 S.Ct. 401, 402 n. 5, 112 L.Ed.2d 349 (1990); Anderson, 477 U.S. at 255, 106 S.Ct. at 2513-14; Judwin Properties, Inc. v. United States Fire Ins. Co., 973 F.2d 432, 435 (5th Cir.1992). Summary judgment is mandated if the non-movant fails to make a showing sufficient to establish the existence of an element essential to his ease on which he bears the burden of proof at trial. Celotex Corp., 477 U.S. at 322, 106 S.Ct. at 2552. “In such a situation, there can be ‘no genuine issue as to any material fact,’ since a complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial.” Id. at 323, 106 S.Ct. at 2552. B. Americans with Disabilities Act Wagner maintains that he has been discriminated against in violation of Title II of the ADA. Specifically, Wagner claims that: (1) he has not been reassigned to teach the class he has traditionally taught; (2) jobs and benefits have been denied to his acquaintances; and (3) he has been exposed to unfair public ridicule intended to prey on his disability. Wagner alleges that his disability is depression and post-traumatic stress syndrome. The Defendants argue in their motion for summary judgment that Wagner may not allege claims of employment discrimination under the ADA because he failed to file a timely charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”). The Defendants correctly point out that employees making claims under Title I of the ADA are required to follow the procedures for Title VII actions, which require the timely filing of an EEOC charge. See 42 U.S.C. § 12117(a); Stafford v. Radford Community Hosp., Inc., 908 F.Supp. 1369, 1374 (W.D.Va.1995); Patridge v. Runyon, 899 F.Supp. 291, 293 (N.D.Tex.1995); Oswald v. Laroche Chem., Inc., 894 F.Supp. 988, 992 n. 4 (E.D.La.1995); Bent v. Mount Sinai Medical Ctr., 882 F.Supp. 353, 355 (S.D.N.Y.1995); Lewis v. Board of Trustees of Ala. State Univ., 874 F.Supp. 1299, 1302 (M.D.Ala.1995). In his second amended complaint, however, Wagner asserts a claim under Title II of the ADA, which has no filing requirement. See 42 U.S.C. § 12131 et seq.; Noland v. Wheatley, 835 F.Supp. 476, 483 (N.D.Ind.1993). Title II, sometimes referred to as the “Public Services” title of the ADA, provides: Subject to the provisions of this subchap-ter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 42 U.S.C. § 12132. “Public entity” includes any state or local government and any department, agency or other instrumentality of a state or local government. 42 U.S.C. § 12131(1)(A) and (B). Unlike Title I, which adopts the procedures set forth in Title VII requiring the exhaustion of administrative remedies, Title II adopts the “the remedies, procedures, and rights” as set forth in the Rehabilitation Act of 1973, 29 U.S.C. § 794a. See 42 U.S.C. § 12133. “The Rehabilitation Act, from which Title II of the ADA draws it procedures and remedies, does not require the exhaustion of administrative remedies.” Doe v. County of Milwaukee, 871 F.Supp. 1072, 1076 (E.D.Wis.1995) (citing Cook v. Rhode Island Dep’t of Mental Health, Retardation & Hosps., 783 F.Supp. 1569, 1571-72 (D.R.I.1992), aff'd, 10 F.3d 17 (1st Cir.1993)); Petersen v. University of Wis. Bd. of Regents, 818 F.Supp. 1276, 1280 (W.D.Wis. 1993). “A primary purpose of Title II was to extend the reach of the Rehabilitation Act to all public entities, regardless of whether or not they receive federal funds.” Ethridge v. Alabama, 860 F.Supp. 808, 812 n. 6 (M.D.Ala.1994) (citing H.Rep. No. 485(11), 101st Cong., 2d Sess. 84 (1990), reprinted in 1990 U.S.C.C.A.N. 267, 366). Although it is not apparent from the plain language of § 12132, the regulations issued by the Department of Justice make it clear that the prohibition against discrimination by public entities includes employment discrimination. Ethridge, 860 F.Supp. at 812. “No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public entity.” 28 C.F.R. § 35.140(a). The regulations promulgated under Title II cross-reference Title I of the Act in outlining the standards by which to judge employment discrimination under Title II of the Act: (b)(1) For purposes of this part, the requirements of Title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, apply to employment in any service, program, or activity conducted by a public entity if that entity is also subjected to the jurisdiction of Title I. Petersen, 818 F.Supp. at 1278 (citing 28 C.F.R. § 35.140). Subsection (b)(2) of the same regulation provides that if the public entity is not also subject to the jurisdiction of Title I, the requirements of section 504 of the Rehabilitation Act of 1973 will apply. Id. Therefore, “[discrimination as proscribed by Title II includes employment discrimination.” Ethridge, 860 F.Supp. at 812. Like Title I, Title II draws its enforcement method from other statutes. Part 1630 of the EEOC regulations interpreting Title I of the Act, covers the purpose of the Act, definitions, prohibitions, defenses, and specific activities permitted. Petersen, 818 F.Supp. at 1280 (citing 29 C.F.R. §§ 1630.1-1630.16). Part 1630 does not contain any reference to exhaustion of administrative remedies or any other procedural requirements to be imposed on plaintiffs. Id. “Instead the regulations that address processing administrative complaints under Title I of the Act are contained in a separate section of the Equal Employment Opportunity Commission regulations.” Id. (citing 29 C.F.R. Part 1641). There is no reason to assume the inclusion of Title I’s procedural requirements in Title II where the regulatory reference to the EEOC requirements specifically omitted the procedural requirements found in 29 C.F.R. Pt. 1641. Silk v. City of Chicago, No. 95-C-0143, 1996 WL 312074, at *13 (N.D.Ill. June 7,1996); Petersen, 818 F.Supp. at 1280. Furthermore, Subpart F of the regulations governing Title II of the Act, which sets forth compliance procedures for administrative enforcement of the Act, explains in detail the jurisdiction over claims under the Act of both the EEOC and the Department of Justice. See 28 C.F.R. §§ 35.170-178. “[T]he Department of Justice’s analysis of Subpart F states clearly that available administrative channels under Title II of the Act are optional and that plaintiffs may proceed directly to federal court if they choose to do so.” Petersen, 818 F.Supp. at 1279. In addition, in the Appendix to Subpart F, in an analysis of 28 C.F.R. § 35.172 governing resolution of complaints, the regulations restate the rule of no exhaustion. The Act requires the Department of Justice to establish administrative procedures for resolution of complaints, but does not require complainants to exhaust these administrative remedies. The Committee Report makes clear that Congress intended to provide a private right of action with the full panoply of remedies for individual victims of discrimination. Because the Act does not require exhaustion of administrative remedies, the complainant may elect to proceed with a private suit at any time. Id. at 1279-80 (quoting 28 C.F.R. § 35.172, App. A). Based on the language of Title II, the regulations promulgated by the Department of Justice, and the scant case law, there appears to be no requirement that plaintiffs file an administrative complaint or otherwise follow the procedural requirements of Title I when filing a Title II claim. Dertz v. City of Chicago, 912 F.Supp. 319, 324 (N.D.Ill.1995); Finley v. Giacobbe, 827 F.Supp. 215, 219 (S.D.N.Y.1993). In their reply brief, the Defendants make several intricate policy and statutory interpretation arguments urging that Wagner ought not be able to evade Title I’s procedures with Title II’s looser terms. The Defendants point out that Congress’s words in adopting Title VII enforcement procedures for ADA Title I claims may encompass possible employment actions under Title II: The powers, remedies and procedures set forth in sections 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9 of this title shall be the powers, remedies and procedures this subchapter provides to the Commission, to the Attorney General or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under Section 12116 of this title, concerning employment. 42 U.S.C. § 12117(a) (emphasis added). Wagner’s claim concerns employment and falls in the same chapter as ADA Title I. Contrary to the Defendants’ assertion, the language of § 12117(a) is not expressive of clear Congressional intent. The cited passage refers to violations of the chapter but then specifically refers only to regulations promulgated under § 12116. Silk, 1996 WL 312074, at *13. Congress apparently chose not to refer to regulations promulgated under Title II’s sections, although they also encompass employment claims. Thus, there can be no finding of a clear intent to impose Title VII procedures on all possible employment claims. Id. The Defendants also point out the apparent inconsistency in permitting public sector employees to sue their employers without regard to whether they exhaust administrative procedures while private sector employees are required to comply with exhaustion requirements. “However logical such an argument may be, the statute itself is at least ambiguous on this point. In the face of this ambiguity, it is necessary to look to the regulations promulgated by the Department of Justice, whose interpretation of Title II of the Act is entitled to controlling weight.” Petersen, 818 F.Supp. at 1279. As described above, the regulations indicate that public employees are entitled to proceed directly to court. Finally, the Defendants cite Lakoski v. James for the proposition that the Fifth Circuit is wary of creating such policy anomalies. See 66 F.3d 751, 754 (5th Cir.1995), petition for cert. filed, 64 U.S.L.W. 3625 (U.S. Mar. 8, 1996) (No. 95-1439). La-koski, however, is inapposite. In Lakoski, the court determined that an public employee could not use Title IX to avoid Title VII’s enforcement procedures for sex discrimination claims. Id. Two factors supported that determination: (1) Congress had intended Title IX to establish a separate (bureaucratic) mechanism to enforce a previously-established right, not to establish a new and separate right and (2) the regulations promulgated under Title IX indicated that it was not intended to provide an alternative to Title VII. Id. at 756-57 and n. 4. Here, the situation is the opposite. ADA Title I and ADA Title II created separate and distinctly enforceable rights. Title I addresses primarily the rights of disabled individuals in workplaces, while Title II addresses the rights of disabled citizens vis-a-vis the government. Further, the regulations promulgated under ADA Title II support a separate and parallel claim, as opposed to the situation in Lakoski, where the regulations forced a narrower reading of the statute. While the court agrees that imposing different standards on public and private sector employees is undesirable from a policy standpoint, given the Department of Justice’s regulatory posture, this court will not fill the gaps in the ADA in an attempt to effectuate a purported Congressional intent that is not entirely evident. Thus, Wagner’s claim under the ADA is not barred due to his failure to file a timely complaint with the EEOC. Title II does not contain a statute of limitations. ‘When a federal civil rights law does not contain a statute of limitations, courts should borrow the statutes of limitations from state statutes governing personal injury suits, and must also refer to state rules for tolling statutes of limitations.” Doe, 871 F.Supp. at 1077 (citing Cheeney v. Highland Community College, 15 F.3d 79, 81-82 (7th Cir.1994)). The Fifth Circuit has deemed civil rights actions brought under 42 U.S.C. §§ 1981, 1983, 1985, and 1988 analogous to Texas tort actions, and therefore, the applicable limitations period is the two years fixed by Tex.Civ.Pra.c. & Rem.Code Ann. § 16.003. Helton v. Clements, 832 F.2d 332, 334 (5th Cir.1987). In addition, the Seventh Circuit has held that the most appropriate statute of limitations to borrow for § 504 of the Rehabilitation Act of 1973 is the one “governing personal injury suits.” Cheeney, 15 F.3d at 81-82. This is significant because of the relationship between the Rehabilitation Act and Title II. Doe, 871 F.Supp. at 1078. Hence, as applied to this case, any alleged acts of discrimination under Title II of the ADA occurring after November 30, 1993, will be considered at trial; any prior acts are time-barred. C. 42 U.S.C. § 1988 Wagner asserts claims under 42 U.S.C. § 1983 against Defendants West and Smith. Section 1983 provides a vehicle for redressing the violation of federal law by those acting under color of state law. Middlesex County Sewerage Auth. v. National Sea Clammers Ass’n, 453 U.S. 1, 19, 101 S.Ct. 2615, 2625-26, 69 L.Ed.2d 435 (1981); Maine v. Thiboutot, 448 U.S. 1, 4, 100 S.Ct. 2502, 2504, 65 L.Ed.2d 555 (1980). To prevail on a § 1983 claim, the plaintiff must prove that a person acting under color of state law caused a deprivation of a right secured by the constitution or laws of the United States. 42 U.S.C. § 1983; Daniels v. Williams, 474 U.S. 327 330, 106 S.Ct. 662, 664, 88 L.Ed.2d 662 (1986); Augustine v. Doe, 740 F.2d 322, 324 (5th Cir.1984). A § 1983 complainant must support his claim with specific facts demonstrating a constitutional deprivation and may not simply rely on conclusory allegations. Schultea v. Wood, 47 F.3d 1427, 1433 (5th Cir.1995); Fee v. Herndon, 900 F.2d 804, 807 (5th Cir.), cert. denied, 498 U.S. 908, 111 S.Ct. 279, 112 L.Ed.2d 233 (1990); Angel v. City of Fairfield, 793 F.2d 737, 739 (5th Cir.1986); Elliott v. Perez, 751 F.2d 1472, 1482 (5th Cir.1985). Thus, for Wagner to prevail, he must show that Smith or West deprived him of a right guaranteed by the constitution or laws of the United States. Baker v. McCollan, 443 U.S. 137, 139, 99 S.Ct. 2689, 2692, 61 L.Ed.2d 433 (1979); Thomas v. Sams, 734 F.2d 185, 191 (5th Cir.1984), cert. denied, 472 U.S. 1017, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985). Wagner must also prove that the alleged constitutional or statutory deprivation was intentional or due to deliberate indifference — not the result of mere negligence. Farmer v. Brennan, 511 U.S. 825, -, 114 S.Ct. 1970, 1977, 128 L.Ed.2d 811 (1994); Davidson v. Cannon, 474 U.S. 344, 348, 106 S.Ct. 668, 670-71, 88 L.Ed.2d 677 (1986); Daniels, 474 U.S. at 328, 106 S.Ct. at 663; Estelle v. Gamble, 429 U.S. 97, 105, 97 S.Ct. 285, 291-92, 50 L.Ed.2d 251 (1976). The points of contention with regard to Wagner’s § 1983 claims relate to whether he suffered a rights deprivation cognizable under the law and whether the defendants are entitled to qualified immunity for their actions giving rise to the claims. 1. Property Interest in Benefits of Teaching Position Wagner claims that he was deprived without due process of law of the benefits of his teaching position, including the particular class he taught and seats on various boards and committees. The Defendants contend, however, that these items do not constitute a property interest, and because Wagner has no cognizable property interest, there can be no deprivation actionable under 42 U.S.C. § 1983. While the constitution protects property interests, the definition of property interests is for “existing rules or understandings that stem from an independent source such as state law.” Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972). The employment-related property interest in dispute in most § 1983 cases is a property interest in a job itself or the compensation associated with that job. Wagner makes no claims relating to economic benefits — he does not claim to have been discharged and or deprived of his compensation. Indeed, not only was Wagner assigned to teach again, he suffered no decreases in salary despite having a lighter course load and reduced administrative responsibilities. Therefore, the laws of Texas and Wagner’s established contractual rights must be examined to determine whether he had any property interest in his Neuroanatomy teaching assignment, seats he had or may have been granted on various boards and committees, or his position as Department Head. Wagner cites two cases in support of his position that he had a valid property interest in the responsibilities and noneconomic benefits of his position. See Thomas v. Board of Trustees of Galveston Ind. Sch. Dist., 515 F.Supp. 280, 285 (S.D.Tex.1981); Courtney v. University of Tex. Sys., 806 S.W.2d 277, 286 (Tex.App.—Fort Worth 1991, writ denied). Neither, however, supports his contention. In Courtney, the court held that a non-tenured professor working under a contract guaranteeing reassignment given satisfactory teaching has a tenure-like property interest in his continued employment. 806 S.W.2d at 286. This is a traditional economic benefit, not the kind of noneconomic perquisite of which Wagner claims to have been deprived. Similarly, in Thomas, the court’s holding is limited to rights and benefits created under a contract of employment. 515 F.Supp. at 285. Here, Wagner has made no claims of breach of an employment contract. He has presented no written agreements between himself and TAMU and has not attempted to prove any verbal understandings or oral agreements indicating that he would retain the noneconomic benefits of his position. Hence, Wagner must rely on the argument that he cannot be deprived of any once-held benefits or responsibilities without due process of law, even when those benefits are noneconomic in nature. The Fifth Circuit has held that employees suffer no compensable damage from employment terminations when they receive their full compensation. Kinsey v. Salado Indep. Sch. Dist., 950 F.2d 988, 997 (5th Cir.), cert. denied, 504 U.S. 941, 112 S.Ct. 2275, 119 L.Ed.2d 201 (1992); Davis v. Mann, 882 F.2d 967, 973 (5th Cir.1989) (citing Robinson v. Boyer, 825 F.2d 64, 67 (5th Cir.1987); Jett v. Dallas Indep. Sch. Dist., 798 F.2d 748, 753-54 (5th Cir.1988), aff'd in part, vacated in part, and remanded on other grounds, 491 U.S. 701, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989)). Even where a contract specifies what an employee’s duties and responsibilities are, duties outlined in the contract do not constitute protectible, noneco-nomic property interests under the contract. Davis, 882 F.2d at 967. If contractual understandings guarantee that an employee will not be demoted or reassigned to a position of less responsibility, a property interest may arise. Winkler v. County of DeKalb, 648 F.2d 411, 414 (5th Cir.1981). Such a contractual understanding must be mutual and explicit. Jett, 798 F.2d at 754 (citing Perry v. Sindermann, 408 U.S. 593, 601, 92 S.Ct. 2694, 2699-2700, 33 L.Ed.2d 570 (1972)). In this case, there is no claim that a contract or even a custom hampered the discretion of TAMU officials to assign professors as needed. Absent a contractual provision limiting the University’s right to reassign Wagner, he has no property interest in his teaching assignment, or in teaching classes at all. Dooley v. Fort Worth Indep. Sch. Dist., 686 F.Supp. 1194, 1199 (N.D.Tex.1987), aff'd, 866 F.2d 1418 (5th Cir.), cert. denied, 490 U.S. 1107, 109 S.Ct. 3158, 104 L.Ed.2d 1021 (1989); Harris v. Mississippi Valley State Univ., 899 F.Supp. 1561, 1574 n. 15 (N.D.Miss.1995). An assignment of other duties cannot amount to a deprivation of a property interest unless it is so unreasonable that it amounts to a constructive discharge. Quives v. Campbell, 934 F.2d 668, 671 (5th Cir.1991); Kelleher v. Flawn, 761 F.2d 1079, 1087 (5th Cir.1985). Here, there is no claim of constructive discharge, as Wagner remains employed by TAMU. Wagner’s appointments to boards and committees, likewise, cannot support a property interest claim. There is no evidence that these appointments afforded Wagner any compensation that would rise to the level of a protectible interest. Work responsibilities that are uncompensated do not create protectible property interests under § 1983. Raju v. Rhodes, 809 F.Supp. 1229, 1239 (S.D.Miss.1992), aff'd, 7 F.3d 1210 (5th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1543, 128 L.Ed.2d 194 (1994). Because Wagner has no property interest in his teaching assignment or in his various administrative duties and responsibilities, summary judgment on Wagner’s due process claims under § 1983 related to his position is proper. 2. Free Speech Interest Wagner claims that he was retaliated against because he exercised his rights to speak freely on matters of public concern, depriving him of his liberty without due process of law. In the Defendants’ motion for summary judgment, Smith and West argue that Wagner has not suffered an adverse employment action that would support his claim of an endangered liberty interest. Their argument assumes that Wagner’s restricted liberty involves his freedom to work or freedom from adverse employment determinations. The Defendants, however, misapply the law on Wagner’s free speech claim. The only deprivation Wagner needs to show is that of his right to speak freely, ie., that he has been retaliated against because he chose to speak. The Defendants correctly point out that in order to make a claim under the First Amendment, Wagner must show that he engaged in protected speech and that such activity was a substantial and motivating factor in adverse action against him. Mount Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. 568, 576, 50 L.Ed.2d 471 (1977). The Defendants do not dispute Wagner’s claims that he engaged in protected speech or that such speech could have motivated any actions determined to be adverse. Instead, the Defendants contend that Wagner has not suffered any adverse employment actions. The Defendants cite Pierce v. Texas Dep’t of Criminal Justice, Inst. Div. for the proposition that only a limited number of actions are adverse under the law: To establish a First Amendment violation, a public employee must demonstrate that she has suffered an adverse employment action for exercising her right to free speech. McCabe v. Sharrett, 12 F.3d 1558, 1563 (11th Cir.1994). Adverse employment actions are discharges, demotions, refusals to hire, refusals to promote, and reprimands. Id. 37 F.3d 1146, 1149 (5th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1957, 131 L.Ed.2d 849 (1995). The quotation above could, as Defendants suggest, be read as limiting what can constitute an adverse employment action. The authority cited therein, McCabe, does not appear to limit the scope of adverse actions to the same list, and the precedent McCabe cites, Goffer v. Marbury, offers these actions only as examples of adverse employment actions. See McCabe, 12 F.3d at 1562-63; Goffer v. Marbury, 956 F.2d 1045, 1049 n. 1 (11th Cir.1992). In fact, the court in Pierce went further to assess whether the retaliation suffered by the plaintiff resulted in an adverse employment action and did not merely rely on its “short list” of adverse actions; it evaluated the employment actions for adverse results. See 37 F.3d at 1150. In light of the precedent relied on by the Fifth Circuit in Pierce, this court will not resolve seemingly conflicting approaches to limit the scope of adverse actions at the summary judgment stage. Other Fifth Circuit precedent indicates a more expansive reading of what may be considered an adverse employment action. Any important condition of employment may qualify for protection under § 1983: Where, as here, important conditions of employment are involved, a public employee will not be foreclosed from § 1983 relief merely because the impermissible retaliation did not result in the termination of his employment. Bickel v. Burkhart, 632 F.2d 1251, 1255 (5th Cir.1980). In Bickel, a fireman was not promoted as he expected due to retaliation for negative comments he had made at a department meeting. Id. at 1253. The plaintiff was not discharged and he suffered no decrease in pay. Id. In a subsequent case, deputies transferred from law enforcement positions to jail guard duty in retaliation for their candidacies for sheriff were found to state a claim under § 1983: Money alone, however, does not buy happiness. The Perry Court spoke of “benefits” generally, not just salary. The evidence adduced at trial strongly supports the proposition that jobs in the jail are not as interesting or prestigious as jobs in the law enforcement section.... In short, Click and Falcon’s transfers to the jail could be considered demotions, even though they suffered no reduction in salary. Click v. Copeland, 970 F.2d 106, 110 (5th Cir.1992) (citing Perry, 408 U.S. at 597, 92 S.Ct. at 2697-98). In a more recent case, the Fifth Circuit confirmed the applicability of retaliatory transfer analysis to First Amendment claims: “[T]he law was clearly established [in Copeland] that a retaliatory transfer to a less interesting, less prestigious position could implicate the First Amendment, even if the transfer did not result in a decrease in pay.” Vojvodich v. Lopez, 48 F.3d 879, 887 (5th Cir.), cert. denied, — U.S. -, 116 S.Ct. 169, 133 L.Ed.2d 111 (1995). The Defendants’ reliance on Dorsett v. Board of Trustees for State Colleges & Univs. to narrow the scope of adverse employment actions is misplaced. See 940 F.2d 121, 124 (5th Cir.1991). The court in Dorsett failed to foreclose the chance that teaching reassignments and intrafaculty disputes create a cognizable constitutional claim under a liberty interest analysis, as the court determined that there was no protected speech involved in the case. Id. Hence, any comments about faculty disputes were merely dicta. The Defendants next argue that Wagner must satisfy the traditional “stigma plus” test in order to show a violation of a liberty interest. See Vander Zee v. Reno, 73 F.3d 1365, 1369 (5th Cir.1996). The Defendants, however, misconstrue the law. Wagner would have to show “stigma plus” if he were alleging that some defamation infringed his liberty, i.e., in the sense of restricting his right to pursue his career or find new employment, or that the Defendants infringed on a liberty created under state law, as in the § 1983 property interest claim. Wagner alleges instead that he was retaliated against because of past free expression and that such retaliation has a chilling effect on his subsequent free expression. The Schultea case, cited by the Defendants, demonstrates that a plaintiff may simultaneously pursue separate § 1983 claims — one based on the liberty to pursue employment and another based on retaliation for First Amendment protected speech. See 47 F.3d at 1429, 1434. In Schultea, a former police chief who had been reassigned to assistant chief maintained that he had been deprived of his liberty interest to be employed in his position and to clear his name. Id. at 1429. He additionally alleged a retaliatory violation of his First Amendment rights. Id. Although he had no protectible property interest in his employment, he was allowed to maintain an action for First Amendment violations under § 1983. Id. at 1429,1434. The Supreme Court also recognizes the dichotomy between due process rights that protect interests established outside the constitution and interests established by the constitution. Paul v. Davis, 424 U.S. 693, 710, 96 S.Ct. 1155, 1164-65, 47 L.Ed.2d 405 (1976). A ‘Variety of interests” within the terms “liberty” and “property” are afforded due process protection “by virtue of the fact that they have been initially recognized and protected by state law.” Id. Even where a defendant does not deprive a claimant of “liberty” or “property” interests “recognized by state or federal law,” a claimant may still allege and show violations of rights guaranteed by the constitution. Id. at 712, 96 S.Ct. at 1165-66. A reassignment within the workplace to positions that are less productive and less satisfying, though it does not implicate property interests, may still serve as the basis for a First Amendment claim. See Fyfe v. Curlee, 902 F.2d 401, 404 (5th Cir.), cert. denied, 498 U.S. 940, 111 S.Ct. 346, 112 L.Ed.2d 310 (1990). Indeed, a non-tenured teacher, who concededly has no property interest in his position or assignment, may, nonetheless, assert a valid First Amendment claim. White v. South Park Indep. Sch. Dist., 693 F.2d 1163, 1167 n. 5 (5th Cir.1982) (citing Mount Healthy City Sch. Dist. Bd. of Educ., 429 U.S. at 283, 97 S.Ct. at 574). Retaliation by way of demotion, transfer, or reassignment undermines the ability of public employees to speak or testify truthfully without fear of reprisal and thus impinges on their right to free speech under the First Amendment. Johnston v. Harris County Flood Control Dist., 869 F.2d 1565, 1578 (5th Cir.1989), cert. denied, 493 U.S. 1019, 110 S.Ct. 718, 107 L.Ed.2d 738 (1990); Reeves v. Claiborne County Bd. of Educ., 828 F.2d 1096, 1100 (5th Cir.1987). Wagner has asserted a viable claim under § 1988. His preference for the Neu-roanatomy assignment, while not rising to the level of a property interest, may provide the basis of a First Amendment claim. The affidavits of Wagner and Ian Russell (“Russell”), a professor at TAMU, suggest that a reassignment to Microanatomy could embarrass or burden a professor who had taught in a different area for years and was approaching retirement. Under these circumstances, such a reassignment can serve as an adverse employment action; no “stigma” test need be met. Therefore, Wagner may proceed to trial on this claim. 3. Property Interest in the “Reintegration Agreement” Wagner claims that he is a third-party beneficiary of an agreement between TAMU and the ORI to “reintegrate” and protect Wagner and that West and Smith have deprived him of property interests in this agreement. Wagner has failed to show the existence of such an agreement, that such an agreement was breached, or that he would be the intended beneficiary of such an agreement. Therefore, the “reintegration agreement” provides no basis for a claim under § 1983. A third party has a heavy burden to prove third-party beneficiary status. Missouri Pac. R.R. Co. v. Harbison-Fischer Mfg. Co., 26 F.3d 531, 540 (5th Cir.1994); RTC v. Kemp, 951 F.2d 657, 662 (5th Cir.1992). “A third party is entitled to recover upon a contract made between other parties only if the parties intended to secure some benefits to that third party, and only if the contract was entered into directly and primarily for the third party’s benefit.” Economy Forms Corp. v. Williams Bros. Constr. Co., 754 S.W.2d 451, 456 (Tex.App.—Houston [14th Dist.] 1988, no writ) (citing Dairy land County Mut. Ins. Co. v. Childress, 650 S.W.2d 770, 775 (Tex.1983)); Republic Nat’l Bank v. National Bankers Life Ins. Co., 427 S.W.2d 76, 79 (Tex.Civ.App.—Dallas 1968, writ ref'd n.r.e.). Specifically, in order to establish third-party beneficiary status, a noncontracting party must show: (1) that he is not privy to a contract; (2) that the contract was made for the claimant’s benefit; and (3) that the contracting parties intended for the claimant to benefit by their contract. Palma v. Verex Assurance, Inc., 79 F.3d 1453, 1457 (5th Cir.1996); Missouri Pac. R. Co., 26 F.3d at 540; Talman Home Fed. Sav. & Loan Ass’n v. American Bankers Ins., 924 F.2d 1347, 1350-51 (5th Cir.1991); Hellenic Inv., Inc. v. Kroger Co., 766 S.W.2d 861, 864 (Tex.App.—Houston [1st Dist.] 1989, no writ). Hence, in the absence of a contract, one cannot assert rights as a third-party beneficiary. There are three types of third party beneficiaries — donee, creditor, and incidental. Bruner v. Exxon Co., U.S.A., 752 S.W.2d 679, 682 (Tex.App.—Dallas 1988, writ denied); Merit Drilling Co. v. Honish, 715 S.W.2d 87, 92 (Tex.App.—Corpus Christi 1986, writ ref'd n.r.e.). A party is a donee beneficiary “ ‘[i]f the performance promised ... will, when rendered, come to the person as a pure donation.’ ” Brunswick Corp. v. Bush, 829 S.W.2d 352, 354 (Tex.App.—Fort Worth 1992, no writ) (quoting Breaux v. Banker, 107 S.W.2d 382, 389 (Tex.Civ.App.—Beaumont 1937), rev’d on other grounds, 133 Tex. 183, 128 S.W.2d 23 (1939)); see also Suthers v. Booker Hosp. Dist., 543 S.W.2d 723, 727 (Tex.Civ.App.—Amarillo 1976, writ ref'd n.r.e.). A party is a creditor beneficiary “ ‘[i]f that performance will come to him in satisfaction of a legal duty owed to him by the promisee.’ ” Brunswick Corp., 829 S.W.2d at 354 (quoting Breaux, 107 S.W.2d at 389); see also Suthers, 543 S.W.2d at 727. Although donee and creditor beneficiaries may enforce a contract to which they are not a party, an incidental beneficiary — one who is benefitted only incidentally by the performance of the contract — has no such right of enforcement. Tennessee Gas Pipeline Co. v. Lenape Resources Corp., 870 S.W.2d 286, 295 (Tex.App.—San Antonio 1993), aff'd in part and rev’d in part on other grounds, 925 S.W.2d 565 (Tex.1996); Bruner, 752 S.W.2d at 682; Republic Nat’l Bank, 427 S.W.2d at 80. Moreover, there is a presumption that the parties to a contract entered into the contract for themselves, and, therefore, the contract will not be construed to benefit a third party unless it clearly appears that this was the intention of the contracting parties. Oliver Resources PLC v. International Fin. Corp., 62 F.3d 128, 131 (5th Cir.1995); Missouri Pac. R.R. Co., 26 F.3d at 540; Kemp, 951 F.2d at 662; Talman Home Fed. Sav. & Loan Ass’n, 924 F.2d at 1351; Thomson v. Espey Huston & Assocs., Inc., 899 S.W.2d 415, 418 (Tex.App.—Austin 1995, no writ). The intent of the parties to the contract is of “controlling significance to a determination that a third party may enforce” a contract. Oliver Resources PLC, 62 F.3d at 131; see also Old Stone Bank v. Fidelity Bank, 749 F.Supp. 147,152 (N.D.Tex.1990). Any intent of the contracting parties to benefit a third party must be derived solely from the language of the contract. Talman Home Fed. Sav. & Loan Ass’n, 924 F.2d at 1351; Republic Nat’l Bank, 427 S.W.2d at 79. “It is the intention and purpose of the contracting parties, as disclosed within the four corners of the instrument, which should control.” Talman Home Fed. Sav. & Loan, 924 F.2d at 1351 (citing Republic Nat’l Bank, 427 S.W.2d at 79). If there is any doubt concerning the intent to benefit a third party, such doubt must be construed against such intent. Id.; Tennessee Gas Pipeline Co., 870 S.W.2d at 295. Here, Wagner points to no instrument, no language, and no terms of an agreement by which the intent of the parties may be construed. Wagner cannot show that he is an intended beneficiary of TAMU’s compliance “agreement.” There is no evidence of intent on the part of TAMU with respect to this “agreement” to do anything but comply with federal law to avoid sanctions. TAMU’s letters addressing compliance with federal regulations cannot be viewed as a contract or an agreement between the university and the government, as they merely acknowledge TAMU’s preexisting obligations under the law. Even if an agreement were found to exist, Wagner, at best, could be considered an incidental beneficiary and, as such, without standing to enforce the terms of the agreement. Wagner further contends that TAMU voluntarily assumed a duty to protect him in discussions with ORI and that he may benefit from TAMU’s actions. His reliance on the “Good Samaritan” doctrine is unfounded. First, Wagner must still show that he is an intended beneficiary, which he has not done. Second, he must show that TAMU “voluntarily undertook” a duty. See Mafrige v. United States, 893 F.Supp. 691, 702 (S.D.Tex.1995); Brownsville Navigation Dish v. Izaguirre, 829 S.W.2d 159, 161 (Tex.1992); Northwest Bank v. Garrison, 874 S.W.2d 278, 280 (Tex.App.—Houston [1st Dist.] 1994, no writ). Wagner has failed to show any voluntary assumption of duties on the part of TAMU. If anything, it appears that TAMU undertook any obligations it did solely to avoid federal censure. To the extent that an agreement could be discerned in this haze, it is apparent that it has not been breached. The communication from ORI to Dr. Bowen, President of TAMU, indicates that the only matter it considers to be incomplete is the making of a final statement on the matter, the draft of which is still in Wagner’s hands. Because one of the alleged parties to the purported agreement considers the Wagner matter to be resolved, Wagner’s claim that he has been deprived of contractual rights is tenuous at best. Without some showing of an agreement of which Wagner can be more than an incidental beneficiary, there can be no deprivation of property rights cognizable under § 1983. Therefore, summary judgment is warranted as to this claim. 4. Statute of Limitations as to § 198S Claims West and Smith allege that because the events giving rise to Wagner’s claim occurred more than two years prior to Wagner filing suit on November 30, 1995, Wagner’s claims are time-barred. Alternatively, West and Smith contend that only those events occurring on or after November 30,1993, may give rise to valid § 1983 claims. There is no specific federal statute of limitations governing claims brought under § 1983. Federal courts, therefore, look to the law of the state in which the action arose to determine the appropriate limitations period, usually borrowing the state’s general personal injury limitations period. Hardin v. Straub, 490 U.S. 536, 538, 109 S.Ct. 1998, 2000, 104 L.Ed.2d 582 (1989); Owens v. Okure, 488 U.S. 235, 236, 109 S.Ct. 573, 574, 102 L.Ed.2d 594 (1989); Wilson v. Garcia, 471 U.S. 261, 269, 105 S.Ct. 1938, 1943, 85 L.Ed.2d 254 (1985); Pedraza v. Jones, 71 F.3d 194, 195 n. 1 (5th Cir.1995); Rodriguez v. Holmes, 963 F.2d 799, 803 (5th Cir.1992); Burrell v. Newsome, 883 F.2d 416, 418 (5th Cir.1989). It is undisputed that the events giving rise to the case at bar occurred in Texas. Because § 1983 claims are most analogous to Texas personal injury claims, the applicable statute of limitations is two years, as set forth in Tex.Civ.PRAc. & Rem. Code Ann. § 16.003. See Russell v. Board of Trustees of Firemen, Policemen & Fire Alarm Operators’ Pension Fund, 968 F.2d 489, 492 (5th Cir.1992), cert. denied, 507 U.S. 914, 113 S.Ct. 1266, 122 L.Ed.2d 662 (1993); Rodriguez, 963 F.2d at 803; Jackson v. Johnson, 950 F.2d 263, 265 (5th Cir.1992); Burrell, 883 F.2d at 418; Helton, 832 F.2d at 334. While state law determines the limitations period, federal law determines when a cause of action accrues. Board of Regents v. Tomanio, 446 U.S. 478, 483-86, 100 S.Ct. 1790, 1794-96, 64 L.Ed.2d 440 (1980); Rodriguez, 963 F.2d at 803; Brummett v. Camble, 946 F.2d 1178, 1184 (5th Cir.1991), cert. denied, 504 U.S. 965, 112 S.Ct. 2323, 119 L.Ed.2d 241 (1992); Burrell, 883 F.2d at 418; Helton, 832 F.2d at 334-35. Under federal law, a cause of action accrues when the plaintiff knows or has reason to know of the injury that is the basis of his action. Gartrell v. Gaylor, 981 F.2d 254, 257 (5th Cir.1993); Burrell, 883 F.2d at 418. “The statute of limitations therefore begins to run when the plaintiff is in possession of the ‘critical facts that he has been hurt and who has inflicted the injury....”' Gartrell, 981 F.2d at 257 (quoting Lavellee v. Listi, 611 F.2d 1129, 1130 (5th Cir.1980)); accord Brummett, 946 F.2d at 1184; Burrell, 883 F.2d at 418. “A plaintiffs awareness encompasses two elements: (1) The existence of the injury; and (2) causation, that is, the connection between the injury and the defendant’s actions.” Piotrowski v. City of Houston, 51 F.3d 512, 516 (5th Cir.1995); see also Moore v. McDonald, 30 F.3d 616, 620-21 (5th Cir.1994); Glover v. Johnson, 831 F.2d 99, 100 (5th Cir.1987); Kline v. North Tex. State Univ., 782 F.2d 1229, 1232 (5th Cir.1986). Therefore, events occurring prior to November 30, 1993, will not form the basis of a claim in this ease unless Wagner is entitled to rely on the principles of equitable tolling. “Where a state statute of limitations is borrowed, the state’s rules for tolling the statute are borrowed as well.” Hickey v. Irving Indep. Sch. Dist., 976 F.2d 980, 984 n. 8 (5th Cir.1992) (citing Tomanio, 446 U.S. at 485, 100 S.Ct. at 1795-96); see also Rodriguez, 963 F.2d at 803; Jackson v. Johnson, 950 F.2d 263, 265 (5th Cir.1992). None of the equitable tolling doctrines claimed by Wagner, however, assists him in this case. (a). Unsound Mind In Wagner’s second amended complaint, he alleges that his condition, depression and related health problems, reasonably delayed his discovery of the harm caused by the Defendants. In Texas, the statute of limitations is suspended for those under legal disability. Tex.Civ.PraC. & Rem. Code Ann. § 16.001(b). The disability exclusion protects those plaintiffs who lack access to the courts or are unable “to participate in, control, or even understand the progression and disposition of their lawsuit.” Ruiz v. Conoco, Inc., 868 S.W.2d 752, 755 (Tex.1993). A person claiming the benefit of suspension of limitations must raise the issue of his “unsound mind.” Hargraves v. Armco Foods, Inc., 894 S.W.2d 546, 547 (Tex.App.— Austin 1995, no writ); Tex.Civ.Prac. & Rem. Code Ann. § 16.001(a). An “unsound mind” generally is considered equivalent to insanity or ineompeteney, though an individual need not be adjudicated insane or incompetent to warrant protection. Hargraves, 894 S.W.2d at 547; Casu v. CBI Na-Con, Inc., 881 S.W.2d 32, 34 (Tex.App.—Houston [14th Dist.] 1994, no writ). It is the plaintiffs burden to show that he is of unsound mind and to demonstrate when such period of disability ended, if it is not ongoing. Smith v. Erhard, 715 S.W.2d 707, 709 (Tex.App.—Austin 1986, writ ref'd n.r.e.). Wagner has not met his burden. He has not shown that he is or was legally disabled; he only makes vague references to “reasonable delay” without citing authority for recognizing such a delay. Wagner also does not allege what harm caused by the Defendants he was unable to discover or during what periods his condition prevented discovery. There is no evidence before the court that Wagner has been impaired to such an extent that he was incapable of understanding or appreciating the events in controversy at any time during the eight-year period before he filed suit. Rather, it appears that during this period, Wagner was able to write lengthy and insightful letters concerning his situation and to negotiate a retirement package with TAMU representatives. Hence, his alleged condition affords no basis for the suspension of limitations. (b). Participation in Internal Grievance Procedure Wagner next claims a tolling benefit from his participation in an internal grievance procedure. The court need not determine whether negotiations between Wagner and TAMU constitute a grievance procedure, because grievance procedures and collateral reviews of employment decisions do not toll the running of limitations periods under § 1983. See Delaware State College v. Ricks, 449 U.S. 250, 261, 101 S.Ct. 498, 505-06, 66 L.Ed.2d 431 (1980). The pendency of an internal grievance procedure does not suspend limitations, particularly when the grievance procedure would not rectify the problem giving rise to the grievance. Barrow v. New Orleans S.S. Ass’n, 932 F.2d 473, 478 (5th Cir.1991). If the negotiations were deemed a grievance procedure, their end goal was not the return of Wagner to the position of Department Head or an equivalent position. Rather, their goal was his retirement and/or the settlement of his claims. If the negotiation process had been successful and Wagner had retired with full benefits, he arguably could still maintain a claim for infringement of his right to free speech unless specifically released. Because the resolution of his “grievance” was not an intrinsic purpose of the negotiations, the negotiations are particularly unsuited for purposes of tolling. Thus, the statute of limitations was not tolled by the series of conferences between Wagner and TAMU. (c). Fraudulent Concealment Furthermore, as a separate cause of action, Wagner claims that discovery in this ease has revealed substantial fraudulent concealment on the part of the Defendants. Wagner seeks to invoke this affirmative defense in an effort to toll the two-year statute of limitations. “Under Texas law, fraudulent concealment is an affirmative defense to an assertion that the statute of limitations has run.” Timberlake v. A.H. Robins Co., 727 F.2d 1363, 1366 (5th Cir.1984). The Texas Supreme Court explained: When the defendant is under a duty to make a disclosure but fraudulently conceals the existence of a cause of action from the one to whom it belongs, the guilty party will be estopped from relying on the defense of limitations until the right of action is, or in the exercise of reasonable diligence should be, discovered. Id. (quoting Nichols v. Smith, 507 S.W.2d 518, 519 (Tex.1974)). To prove fraudulent concealment, a plaintiff must show: (1) that the defendants had actual knowledge of a wrong to the plaintiff; (2) that the defendants had a fixed purpose to conceal the wrong from the plaintiff; and (3) that the defendants had a duty to expose the wrong. Casey v. Methodist Hosp., 907 S.W.2d 898, 903 (Tex.App.—Houston [1st Dist.] 1995, no writ); Waters ex rel Walton v. Del-Ky, Inc., 844 S.W.2d 250, 256 (Tex.App.—Dallas 1992, no writ). “The ‘mere failure to disclose a cause of action, or its mere concealment,’ does not constitute fraudulent concealment for purposes of tolling the statute of limitations.” Timberlake, 727 F.2d at 1366 (quoting Stiles v. Union Carbide Corp., 520 F.Supp. 865, 868-69 (S.D.Tex.1981)). “Rather, the plaintiff is under a duty to exercise reasonable diligence to discover his or her cause of action.” Id. Thus, the Fifth Circuit has stated, “‘There cannot be fraudulent concealment of facts which admittedly were or should have been known by [the plaintiff].’ ” Id. at 1367 (quoting Fusco v. Johns-Manville Prods. Corp., 643 F.2d 1181, 1184 (5th Cir.1981)). Here, in support of his fraudulent concealment argument, Wagner asserts that: (1) there are at least five versions of the Board of Inquiry Report and the version given to him had been carefully edited to delete its recommendation that Wagner lose his position as Department Head because of the original Trulson investigation; (2) TAMU’s files on him contain untrue allegations of theft, drug use, alcohol addiction, misuse of prescriptions, a homosexual affair