James Davis v. Western Carolina University

Unpublished opinions are not binding ‘ precedent in this circuit.

James Davis (“Appellant”), a professor of Spanish, was denied tenure from Western Carolina University (“WCU”). He then sued alleging WCU discriminated against him in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., due to his mental illness. After extensive discovery, the district court granted summary judgment to WCU concluding that WCU denied Appellant tenure for reasons unrelated to his alleged disability. We determine that WCU denied Appellant tenure because of his misconduct, not his…