Ibanez v. TAMUK: Tenure Denial Upheld in Title VII Discrimination Case

Armando P. Ibanez, a Mexican-American male, filed a lawsuit against Texas A&M University—Kingsville under Title VII of the Civil Rights Act of 1964. He alleged that the university denied him tenure and promotion based on his race and national origin. Ibanez had been employed as an assistant professor of Communications/Radio-Television-Film since 2014 in a tenure-track position.

To qualify for tenure and promotion, Texas A&M University—Kingsville required a minimum of two refereed publications or juried creative activities. While Ibanez submitted various creative works, including films and screenplays, only one—Men of Steel—was identified as juried. His application for tenure and promotion in December 2019 received mixed evaluations. While his departmental committee recommended him, the department chair, college committee, college dean, and provost all issued negative recommendations based on the insufficient number of juried creative works.

Split recommendations and university-level denial

Following the provost's negative recommendation, Ibanez appealed. The advisory committee found, by a 3-to-2 vote, that a prima facie case had been made that the provost’s decision was made without proper consideration or for an improper reason. The tenure appeals committee voted in favor of Ibanez, while the promotion appeals committee voted against him. Ultimately, the university president denied tenure and promotion, citing lack of scholarship and the weight of the negative recommendations.

In support of his claim, Ibanez submitted expert testimony arguing that his work exceeded standards for academic filmmakers, and a declaration from a former professor who stated that three Euro-American faculty had received tenure with fewer qualifications. Ibanez also noted support from the Student Government Association and Hispanic Faculty Council.

District court and appellate findings

Ibanez filed suit in 2021. The district court granted summary judgment for the university in 2023. On appeal, the Fifth Circuit reviewed whether Ibanez had established a prima facie case of discrimination.

The court found that Ibanez did not meet the minimum requirement of two juried creative activities. The only juried work on record was Men of Steel, and there was no evidence of a second. Although Ibanez argued that other works were juried, he provided no documentation showing a competitive evaluation process. The court also rejected Ibanez’s interpretation of internal university documents as redefining "juried."

Even assuming he were qualified, the court concluded that Ibanez failed to show he was denied tenure under circumstances that supported an inference of discrimination. Although some faculty and advisory bodies supported him, other key decision-makers issued negative evaluations. The court found no evidence of procedural irregularities or disparate treatment of similarly situated individuals sufficient to raise a genuine dispute of material fact.

The Fifth Circuit affirmed summary judgment for Texas A&M University—Kingsville.

Help with employment discrimination claims

If you faced discrimination in tenure, promotion, or employment decisions, Whitcomb, Selinsky PC handles employment discrimination claims involving race, national origin, and other protected categories. Reach out to schedule a consultation and learn how our team can assist with your case.