Boise v. New York University

Boise (plaintiff) was a 76-year-old tenured professor in the Robert F. Wagner Graduate School of Public Service (the Wagner School) at New York University (defendant). Boise filed an initial lawsuit alleging age discrimination against the university in 2000 based on incidents not relevant to his case. Boise’s initial lawsuit was ultimately dismissed. Six other professors over the age of 70 taught in the Wagner School at the time, and none of them, including Boise, had ever been the subject of derogatory comments regarding their age from university officials. In 2003, the Dean of the Wagner School initiated termination proceedings against Boise due to Boise’s grading practices in violation of university policy, his harassment of other faculty and staff, his tampering with faculty mailboxes, and other bizarre behavior. A hearing was held before the hearing panel of the Faculty Tenure Committee in accordance with the university’s rules regarding the termination of a tenured professor. The panel recommended termination based on Boise’s inappropriate behavior, which it found to be “conduct of a character seriously prejudicial to . . . the welfare of the University.” The Tenure Appeal Committee affirmed, finding that termination was appropriate. Boise filed a lawsuit against the university, alleging that he was discriminated against based on his age in violation of the Age Discrimination in Employment Act (ADEA) and retaliated against for filing his initial lawsuit. The university filed a motion for summary judgment on both claims.