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Stott v. Contra Costa Community College District Board of Trustees

*fn* submitted: November 1, 1993.

DONALD E. STOTT, PLAINTIFF-APPELLANT,
v.
CONTRA COSTA COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES; CHARLES SAPPER, DEAN OF INSTRUCTION, DIABLO VALLEY COLLEGE, DEFENDANTS-APPELLEES.



Appeal from the United States District Court for the Northern District of California. D.C. No. CV-92-02245-EFL, Eugene F. Lynch, District Judge, Presiding

Before: Schroeder, D.w. Nelson and Thompson, Circuit Judges.

MEMORANDUM

Donald E. Stott appeals pro se the district court's summary judgment in favor of the Contra Costa Community College District Board of Trustees and Charles Sapper, Dean of Instruction, Diablo Valley College (collectively "District") in his employment discrimination action alleging gender discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (Title VII), age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (ADEA), retaliation under Title VII and the ADEA, and conspiracy to violate his Fourteenth Amendment rights under 42 U.S.C. § 1983. Stott contends the district court erred by granting summary judgment because material issues of fact were unresolved at the time the motion was granted. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review de novo a district court's grant of summary judgment. Lindahl v. Air France, 930 F.2d 1434, 1436 (9th Cir. 1991). Viewing the evidence in the light most favorable to the nonmoving party, we determine whether there are any genuine issues of material fact and whether the district court applied the correct substantive law. Tzung v. State Farm Fire & Casualty Co., 873 F.2d 1338, 1339-40 (9th Cir. 1989). The party opposing the summary judgment motion "must do more than simply show that there is some metaphysical doubt as to the material fact. . . . Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial." Lindahl, 930 F.2d at 1437 (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986)) (quotation marks omitted).

I

Background

In December 1990, the District advertised for two separate teaching positions at Diablo Valley College, Psychology Instructor and Psychology/Social Science Instructor. Stott applied for both positions in January 1991.

In April 1991, Stott was informed by the District that he was not chosen for an interview for either position.

On May 2, 1991, Carlton Williams, District Director of Personnel, wrote to the District and recommended that the hiring process for both positions be halted due to his discovery that the District's initial screening process for the positions had not been followed. Williams recommended that the District either stop the hiring process and start again the following year or stop the hiring process and start over for the current year with a new screening committee using new screening guidelines.

On May 11, 1991, Stott filed a complaint alleging gender and age discrimination with the Equal Employment Opportunity Commission (EEOC) based upon the District's action in failing to hire him for either of the two positions. The District received notice of the EEOC complaint on May 17, 1991.

On May 15, 1991, Stott received a letter from the District informing him that the Psychology/Social Science position was being reannounced. On May 28, 1991, Stott received a letter from the District informing him that the hiring process for the Psychology position had been terminated and the position would not be filled for that year.

As recommended by Williams, a new screening committee was convened, rescreened the applications of those still interested in the available Psychology/Social Science instructor position and recommended that nine applicants, including Stott, be interviewed. Declarations submitted by the District from each member of the new screening committee stated that no committee member knew Stott's age, had knowledge of Stott's EEOC complaint, or had any contact with District officials regarding applicants for the position.

On June 10, 1991, Stott was interviewed by a committee composed of five District teachers. Declarations submitted by the District from each member of the interview committee stated that no committee member had knowledge of Stott's age or his EEOC complaint, had any contact with District officials regarding applicants for the position, or had contact with members of the screening committee regarding the applicants.

All applicants were asked a uniform set of four questions and responses were rated on a scale of one to ten. A fifth question asked the applicant to present a short lecture on a topic selected from a list provided by the interview committee. The lecture presentation was scored on a scale of one to twenty. Each interview committee member filled out an ...


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