Opinion

Abdullah v. Ohio State Univ.

  • 2025 Ohio 5876
Court
Ohio Court of Claims
Filed
Dec 3, 2025
Status
Published
On the bench
Sadler
Cited by
0 cases
Authority
More cited than 38.0%

The opinion

[Cite as Abdullah v. Ohio State Univ., 2025-Ohio-5876.]

IN THE COURT OF CLAIMS OF OHIO

HAFIZ ABDULLAH Case No. 2023-00107JD

Plaintiff Judge Lisa L. Sadler

Magistrate Holly True Shaver

v.

DECISION

THE OHIO STATE UNIVERSITY

COLLEGE OF FOOD, AGRICULTURE,

AND ENVIRONMENTAL SCIENCE

Defendant

{¶1} On August 1, 2025, Defendant filed a motion for summary judgment to which

Plaintiff timely responded. In its reply, Defendant objected to certain evidence Plaintiff

submitted, namely the Declaration of Dr. Anthony Parker. Plaintiff sought leave to file a

sur-reply to respond to Defendant’s evidentiary argument, which the Court granted.

Plaintiff filed a sur-reply, attaching an Affidavit of Dr. Anthony Parker executed by an

Australian notary.

{¶2} Thereafter, Defendant filed a motion to strike because the affidavit was not

properly served, it was not clear whether it was properly notarized, and Defendant argued

that it contained inadmissible speculation. In response, Plaintiff argued that Defendant

waived any objection to the declaration since it has known about the document since

January 2023 and failed to depose or otherwise seek alternative discovery regarding the

evidence. Additionally, Plaintiff served the affidavit with his response to the motion for

summary judgment and argues that the affidavit satisfies Civ.R. 56 and Defendant will

suffer no prejudice. In reply, Defendant reasserted that the affidavit lacks foundational

support and contains inadmissible speculation, and further argued that the statement by

the notary lacks notarial authority under Australian law.

{¶3} Pursuant to L.C.C.R. 4(D), Defendant’s motion for summary judgment is now

before the Court for a non-oral hearing. For the reasons stated below, the Court GRANTS

the motion.

Case No. 2023-00107JD -2- DECISION

Factual Background

{¶4} In early 2018, the Poultry Operations Manager for the Department of Animal

Sciences of The Ohio State University College of Food, Agriculture and Environmental

Science (hereinafter “OSU”) retired after which OSU interviewed, among others, Plaintiff

and four internal candidates—Dr. Joel Bielke, Jarrod Snell, Jordan Welch, and Jack

Sidle—to fill the vacancy at the farm located in Wooster, Ohio. Abdullah Depo., p. 33, 45.

The search committee included OSU’s former Associate Department Chair of Animal

Sciences, Dr. Anthony Parker, and Dr. Daniel Clark, a researcher at the poultry farm. Id.

at 39. As a result of the interview process, OSU selected Plaintiff and he began

employment on March 21, 2018, as the farm’s first brown-skinned, Muslim manager. Id.

at 78. While employed, it is undisputed that Plaintiff was an “excellent employee” who

had commercial farming experience, promptly responded to concerns, effectively

addressed issues, and “implemented new policies and procedures that were lacking” prior

to his arrival. Morris Depo., p. 16; see also Foltz Depo., p. 13.

{¶5} Although Plaintiff had never previously worked directly with faculty conducting

academic research in a professional capacity, his background in commercial farming was

an asset for the desired improvements in the farm’s biosecurity operations and helpful for

some of the faculty who collaborated with commercial enterprises on research. Abdullah

Depo., p. 35. Because Plaintiff was an external hire from corporate farming, however,

Plaintiff was informed that managing a farm in an academic setting could bring different

challenges, such as conflict between professors competing for limited resources to

conduct research. Id. at 42. Additionally, Parker told Plaintiff that he may encounter

difficulties from professors and subordinates who were unhappy that no internal

candidates were selected for his position. Id. at 47, 55.

{¶6} On Plaintiff’s first day, Snell—one of Plaintiff’s subordinates who had

interviewed for the position—informed Plaintiff that “Sidle is a union employee and his

behavior is stubborn.” Id. at 78. Shortly thereafter, Plaintiff first met Dr. Sandra Velleman,

a professor who conducts research on the farm but had no supervisory authority over

Plaintiff, at which time she shared with him that she did not feel he was the correct person

for the job. Id. at 50-51. Instead, Velleman specifically indicated that Snell was promised

Case No. 2023-00107JD -3- DECISION

the position. Id. at 80. Because they had never met prior to this conversation, Plaintiff

believes the only reason she would not think he was good for the job was because of his

race, religion, or national origin. Id. at 70-72. However, it is undisputed that no overt

comments or actions disparaging Plaintiff’s race, religion, or national origin were observed

at work. Id. at 130-131; Bielke Depo., p. 38.

{¶7} Additionally, Parker informed Plaintiff that Velleman, prior to meeting Plaintiff,

criticized OSU’s hiring decision by stating to Clark, “I hope your little experiment works.”

See Abdullah Depo., p. 58; Bielke Depo., p. 33-34. While Plaintiff testified that Velleman

could have developed a preconceived bias by deducing his race, religion, and national

origin from having access to his resume prior to meeting him, Plaintiff did not know

whether Velleman actually saw Plaintiff’s resume prior to meeting him and he did not

personally hear the comment Velleman made to Clark. Abdullah Depo., p. 51, 58, 71-74.

Notwithstanding, Velleman continued to voice concerns about Plaintiff’s operational

decisions and make attempts to circumvent his management authority. Abdullah Depo.,

p. 90-92; Bielke Depo., p. 27-29.

{¶8} Separately, Plaintiff detailed numerous instances of disrespect and

insubordination from April 2018 to December 2021 that he believes were attempts to

“sabotage” him. Abdullah Depo., p. 95-115. As a result, Plaintiff changed how he

managed, including no longer meeting with Snell regarding farm operations because of

how angry Snell became, and ceasing communication with Velleman. See id. at 82, 110.

Eventually, several faculty and subordinates began bypassing Plaintiff. Id. at 90-97, 115.

However, other farm staff felt farm operations were better under Plaintiff’s management.

Id. at 99; Bielke Depo., p. 18.

{¶9} Moreover, from a supervisory standpoint, Plaintiff was never disciplined and

consistently received positive performance reviews. Abdullah Depo., p. 114. When

Plaintiff reported the ongoing difficulties, his supervisors offered reassurance that he was

doing a great job and voiced confidence in his ability to perform his job well. Id. at 53-54.

On separate occasions, Parker and Morris encouraged Plaintiff to continue managing

professionally, and told him that they would discuss the issues about Velleman with Foltz,

her supervisor. Id. at 91; Foltz Depo., p. 9.

Case No. 2023-00107JD -4- DECISION

{¶10} While the constant interpersonal work conflicts were unwelcome, such

difficulties did not negatively impact Plaintiff’s own work performance, evidenced by

Plaintiff continually receiving above or exceeding expectations on his performance

evaluations. Id. at 114. Moreover, Plaintiff’s June 2021 performance evaluation was

among the best performance reviews Morris had ever given to any employee. Morris

Depo., p. 16-20.

{¶11} On November 22, 2021, Plaintiff informed Parker that he felt the ongoing

instances of disrespect, insubordination, and interpersonal conflict amounted to

discrimination and observed that OSU was “not ready for a brown skinned manager and

that he [would] start looking for a job outside the university.” See OSU_000550. Following

this conversation, Parker sent an email to Pasha Lyvers Leffer—OSU’s Department Chair

for Animal Sciences—on November 23, 2021, explaining his realization that he “failed to

appropriately deal with racism, harassment, and in other cases damn nastiness by faculty

within the department.” Id.; see also Morris Depo., p. 9.

{¶12} On November 24, 2021, Nick Lewis—a Human Resources Consultant with

OSU—followed up with Plaintiff on the concerns detailed in Parker’s email. See

OSU_000223-000225. Within seven days, Lewis coordinated a meeting among himself,

Plaintiff, Alyssa Howard—OSU’s Employee & Labor Relations Senior Representative—

and Dr. Kathy Lechman—OSU’s Assistant Dean and Director for Diversity, Equity, and

Inclusion—which thereafter took place on December 7, 2021. See id. Within two days

of this meeting, Howard provided Plaintiff with additional information about filing a formal

complaint with OSU’s Office of Institutional Equity (OIE) and resources available through

an employee assistance program and family medical leave. See OSU_000243-000245.

{¶13} Thereafter, Plaintiff filed a formal complaint with OIE on December 14, 2021.

See OSU_004094; OSU_000405-000409. Courtney Johnson, OIE’s Chief Program and

Education Officer, was assigned to Plaintiff’s case on December 15, 2021. Johnson Aff.,

¶ 2-4. Upon review of Plaintiff’s complaint, Johnson “did not see any evidence of a nexus

to a protected class.” Id. at ¶ 5. When the totality of the information received shows that

the allegations are not related to a protected class or fall outside OIE’s purview, it is

possible for a complaint to be dismissed before an investigation. See Maynard Depo., p.

8-9, 38-44. As a result, Johnson informed Plaintiff on December 21, 2021, that OIE was

Case No. 2023-00107JD -5- DECISION

not pursuing an investigation because his case “did not meet the standard of

discrimination under OSU’s policy.” Johnson Aff., ¶ 6.

{¶14} Johnson also informed Plaintiff that he could contact OSU’s Office of Human

Resources regarding the workplace conflicts. Id. at ¶ 8. In the same conversation,

Plaintiff responded that he had additional documentation to which Johnson informed him

of his right to appeal and produce the additional documentation. Id. at ¶ 7. However,

Plaintiff “did not appeal or otherwise produce any additional documentation.” Id.; Abdullah

Depo., p. 130. The case was officially closed on January 18, 2022. See OSU_000383.

{¶15} Separately, Howard followed up with Plaintiff on December 21, 2021, to

inform him that OIE was dismissing his case and related that OSU could otherwise aid

with managing the workplace conflict. Howard Aff., ¶ 9-12. Howard also spoke with

Morris about limiting the interaction between Plaintiff and the individuals about whom he

complained. Howard Depo. p. 31-32. Notwithstanding, Howard had no further contact

with Plaintiff following their conversation on December 21, 2021. Howard Aff., ¶ 12.

{¶16} On February 10, 2022, Plaintiff filed a charge of discrimination with the Ohio

Civil Rights Commission (OCRC). Abdullah Depo., p. 124-129. Thereafter, Plaintiff

submitted his resignation notice. See id. at 126. Prior to leaving OSU, Plaintiff secured

employment at Versova with Trillium Farms, which he began in May 2022. Id. at 120-

121.

Standard of Review

{¶17} It is well settled that “‘[s]ummary judgment is a procedural device to terminate

litigation and to avoid a formal trial where there is nothing to try.’” Orr v. Schweitzer, 2021-

Ohio-1786, ¶ 12, quoting Murphy v. Reynoldsburg, 65 Ohio St.3d 356, 358 (1992). Before

awarding summary judgment, courts should take caution and “resolve any doubt in favor

of the non-moving party.” Darden v. City of Columbus, 2004-Ohio-2570, ¶ 10 (10th Dist.),

citing Murphy at 359. Additionally, courts cannot weigh the evidence or determine the

credibility of witnesses when considering whether summary judgment is appropriate.

Grubach v. Univ. of Akron, 2020-Ohio-3467, ¶ 40 (10th Dist.).

{¶18} Importantly, courts shall not render summary judgment “unless it appears

from the evidence or stipulation, and only from the evidence or stipulation, that reasonable

Case No. 2023-00107JD -6- DECISION

minds can come to but one conclusion and that conclusion is adverse to the party against

whom the motion for summary judgment is made . . . .” Civ.R. 56(C). Specifically, the

summary judgment evidence must “show that there is no genuine issue as to any material

fact and that the moving party is entitled to judgment as a matter of law.” Id. Indeed, it is

well established that courts should not render summary judgment unless,

construing the evidence most strongly in favor of the nonmoving party:

(1) there is no genuine issue of material fact; (2) the moving party is entitled

to judgment as a matter of law; and (3) reasonable minds can come to but

one conclusion, that conclusion being adverse to the nonmoving party.

Robinette v. Orthopedics, Inc., 1999 Ohio App. LEXIS 2038, *7 (10th Dist. May 4, 1999).

Law and Analysis

{¶19} Upon review of the evidence submitted by the parties, Plaintiff has failed to

demonstrate a genuine issue of material fact for trial. While Defendant moved to strike

certain evidence, the Court finds the request is moot. Assuming without deciding that all

Plaintiff’s evidence was admissible for consideration, Defendant is entitled to judgment

as a matter of law on Plaintiff’s claims for hostile work environment and constructive

discharge in violation of state and federal law.

{¶20} In pertinent part, R.C. 4112.02 provides that: “It shall be an unlawful

discriminatory practice: (A) For any employer, because of the race . . . religion . . . [or]

national origin . . . of any person, . . . to discriminate against that person with respect to

hire, tenure, terms, conditions, or privileges of employment, or any other matter directly

or indirectly related to employment.” It is well-established that “discrimination actions

under federal and state law each require the same analysis.” See generally Ray v. Ohio

Dept. of Health, 2018-Ohio-2163, ¶ 22 (10th Dist.), citing Plumbers & Steamfitters Joint

Apprenticeship Comm. v. Ohio Civ. Rights Comm., 66 Ohio St.2d 192, 196 (1981); Little

Forest Med. Ctr. v. Ohio Civ. Rights Comm., 61 Ohio St.3d 607, 609-610 (1991).

Accordingly, “Ohio courts may look to both federal and state courts’ statutory

interpretations of both federal and state statutes when determining the rights of litigants

under state discrimination laws.” Id.

Case No. 2023-00107JD -7- DECISION

{¶21} To prevail on a claim for “hostile work environment created by racial

harassment, the plaintiff must establish: (1) the employee was a member of the protected

class; (2) the harassment of the employee was unwelcome; (3) the harassment

complained of was based on race; (4) the harassment had the effect or purpose of

unreasonably interfering with the employee’s work performance or of creating an

intimidating, hostile, or offensive work environment; and (5) respondeat superior

(employer) liability.” Chapa v. Genpak, LLC, 2014-Ohio-897, ¶ 33 (10th Dist.). Plaintiff

contends that Defendant permitted a hostile work environment created by department

faculty and farm staff because it failed to take appropriate and timely action to correct

continual disrespect and insubordination, which amounted to racial harassment.

{¶22} While it is not disputed that the harassment was unwelcome, Defendant

argues that Plaintiff cannot show that the harassment of which he complains was based

on race, was severe enough to create a hostile work environment, or that Defendant failed

to take appropriate corrective action. The Court agrees.

{¶23} It is well settled that “[a] hostile work environment exists where the workplace

is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe

or pervasive to alter the condition of the victim’s employment and create an abusive work

environment.” (Cleaned up.) Chapa at ¶ 54. When determining whether the harassment

created an intimidating, hostile or offensive work environment, courts must consider the

totality of the circumstances, including “(1) the frequency of the discriminatory conduct;

(2) its severity; (3) whether it is physically threatening or humiliating, or a mere offensive

utterance; and (4) whether it unreasonably interferes with the employee’s work.” Id. at ¶

34. The purpose of these standards is to “filter out complaints which attack ‘the ordinary

tribulations of the workplace,’” including “the sporadic use of abusive language” and the

occasional joke or teasing. Id. at ¶ 35.

{¶24} Plaintiff complains of numerous negative interactions spanned across a

three-year period, including disrespect, sabotage, and insubordination. Notably,

Plaintiff’s only evidence that these interactions amount to racial harassment is that he is

the first brown-skinned, Muslim manager at the poultry farm. Even considering the

purported statement made by Velleman prior to meeting Plaintiff, the record is devoid of

Case No. 2023-00107JD -8- DECISION

any evidence from which the Court can discern whether such interactions related to

Plaintiff’s race, religion, or national origin.

{¶25} Moreover, Parker’s alleged belief that the employees who harassed Plaintiff

were motivated by racism is a lay opinion. See, e.g., Jenkins v. Giesecke & Devrient Am.,

Inc., 2012-Ohio-4136, ¶ 19 (9th Dist.). Separately, there is no evidence in the record to

establish that Parker had personal, firsthand knowledge of any of the disrespect,

sabotage, or insubordination events or that the employees who committed the same did

so “because of” Plaintiff’s race, religion, or national origin. To the contrary, Parker

specifically informed Plaintiff that these same individuals had worked together for many

years and were unhappy about not being selected for his position. Additionally, it is not

disputed that Plaintiff came from a corporate farming background, not an academic one.

{¶26} Furthermore, the hearsay statement Parker relates concerning Velleman’s

“little experiment” comment is not overtly race-based and it occurred before Velleman met

Plaintiff. While Velleman could have known Plaintiff’s race, religion, and national origin

before meeting him from staff having access to view his resume, the record is devoid of

any evidence to this end, and speculation is insufficient to create a genuine issue of

material fact that Velleman was either aware of or made this comment “because of”

Plaintiff’s race, religion, or national origin. Any other noted instance that could arguably

amount to harassment neither relates to Plaintiff’s race, religion or national origin nor

poses any physical threat or humiliation to him.

{¶27} Based upon the evidence presented, reasonable minds can only conclude

that the unwelcome disrespect and insubordination that Plaintiff unfortunately

experienced amounts to no more than the ordinary tribulations of the workplace. Although

Plaintiff feels that these interactions interfered with his work, it is undisputed that his work

performance continued to meet or exceed his superiors’ expectations. Even assuming

that Velleman, Sidle, and Snell, among others, were intentionally sabotaging farm

operations in an effort to get Plaintiff fired, it is undisputed that Plaintiff was never

disciplined by Defendant for any such issues or incidents, and Plaintiff was consistently

given positive performance reviews regarding his management of the farm’s operations.

{¶28} While these events may have caused some disruption to the workplace

environment, they appear to have been a reasonably expected resistance to change

Case No. 2023-00107JD -9- DECISION

given the procedure and policy improvements Plaintiff implemented within a short amount

of time among a group of tenured employees. Put simply, employees going back and

forth making complaints about one another is not a severe enough disturbance to

constitute racial harassment. Moreover, Defendant never subjected Plaintiff to any

adverse employment action, and the uncontroverted evidence shows he had the support

of his supervisors and other colleagues. Even viewing the facts in a light most favorable

to Plaintiff, the Court finds that the circumstances were not severe enough to constitute

harassment and there is insufficient evidence to conclude any alleged conduct was based

on Plaintiff’s race, religion, or national origin.

{¶29} Lastly, “when the alleged harasser is a co-worker, rather than a supervisor,

. . . an employer may be liable for a co-worker’s harassment of an employee when the

employer knew or should have known of the charged harassment and failed to implement

prompt and appropriate action.” Chapa at ¶ 72. However, it is not necessary to review

whether Defendant failed to take immediate and appropriate corrective action given the

incidents were not severe or pervasive enough to create a hostile work environment. See,

e.g., Jenkins at ¶ 24. The Court notes, however, that it is not disputed that Plaintiff neither

appealed OIE’s decision to dismiss his complaint nor supplemented additional

documentation for further review. Moreover, Defendant promptly responded once Plaintiff

filed a formal complaint. Therefore, there are no genuine issues of material fact and

Defendant is entitled to judgment as a matter of law on Plaintiffs’ hostile work environment

claim.

{¶30} For these same reasons, the Court similarly finds that there are no genuine

issues of material fact on Plaintiff’s claim for constructive discharge. Indeed, claims for

constructive discharge “require a showing of more adverse conditions than would a

hostile environment harassment claim” and, therefore, “a party’s failure to support a claim

for hostile environment race harassment necessarily results in the failure of an attendant

claim of constructive discharge. White v. Bay Mech. & Elec. Corp., 2007-Ohio-1752, ¶

16 (9th Dist.). Accordingly, Defendant is entitled to judgment as a matter of law. See,

e.g., Phillips v. Regina Health Care, 2024-Ohio-6012, ¶ 27 (9th Dist.).

{¶31} Having reviewed all the evidence in a light most favorable to Plaintiff, the

Court finds no genuine issues of material fact remain for trial in this case. For the reasons

Case No. 2023-00107JD -10- DECISION

stated above, the Court finds that Defendant is entitled to judgment as a matter of law.

Consequently, the Court GRANTS Defendant’s motion for summary judgment pursuant

to Civ.R. 56.

LISA L. SADLER

Judge

[Cite as Abdullah v. Ohio State Univ., 2025-Ohio-5876.]

HAFIZ ABDULLAH Case No. 2023-00107JD

Plaintiff Judge Lisa L. Sadler

Magistrate Holly True Shaver

v.

JUDGMENT ENTRY

THE OHIO STATE UNIVERSITY

COLLEGE OF FOOD, AGRICULTURE,

AND ENVIRONMENTAL SCIENCE

Defendant

IN THE COURT OF CLAIMS OF OHIO

{¶32} A non-oral hearing was conducted in this case upon Defendant’s motion for

summary judgment. For the reasons set forth in the decision filed concurrently herewith,

Defendant's motion for summary judgment is GRANTED and judgment is rendered in

favor of Defendant. All previously scheduled events are VACATED. All other pending

motions are DENIED as moot. Court costs are assessed against Plaintiff. The clerk shall

serve upon all parties notice of this judgment and its date of entry upon the journal.

LISA L. SADLER

Judge

Filed December 3, 2025

Sent to S.C. Reporter 1/6/26

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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