Collins v. University of Notre Dame Du Lac, No. 18-2559 (7th Cir. 2019)Annotate this Case
Collins was a tenured professor at the University. A faculty committee found that Collins had misused grant money by purchasing equipment other than that in his grant proposals and using the equipment for personal purposes and concluded that his actions warranted “dismissal for serious cause” under the Academic Articles incorporated in Collins’s faculty contract. After an internal review, Notre Dame’s president dismissed Collins. Before criminal charges were filed against him, Collins filed suit, alleging breach of contract. Before his guilty plea, the district court granted Collins summary judgment on liability, finding that Notre Dame breached the contract by allowing one faculty member to both play a role in informal mediation and then serve on the hearing committee. The court did not decide whether the committee’s findings amounted to sufficient cause to dismiss a tenured faculty member. After Collins’s 2013 guilty plea to a federal felony charge for theft of government grant funds in this same conduct, Notre Dame re‐instituted Collins’s adjudication and dismissed him again. After the guilty plea, the court reaffirmed its earlier breach of contract finding, held a trial on damages, and awarded Collins $501,367, calculated as his lost compensation from his June 2010 dismissal until his February 2013 conviction. The Seventh Circuit reversed. The contract did not prohibit one faculty member from participating in informal mediation and then serving on the hearing committee and the undisputed facts show “serious cause” sufficient to warrant Collins’s dismissal.