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Henry O. Tyler v. University of Arkansas Board of Trustees; Stephanie Gardner, Dr., In

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Submitted: September 22, 2010

Before BYE, BEAM, and SMITH, Circuit Judges.

Henry Tyler, an African American assistant dean for diversity at the University of Arkansas, is suing the University and his former supervisor, Dean of the College of Pharmacy Dr. Stephanie Gardner, alleging the school did not hire him for the newly-created position of Director of Recruitment for Diversity in retaliation for the charge of race discrimination he had filed against the school back in 2004. Tyler also alleges that the University discriminated against him on the basis of gender when it selected a young female with purportedly inferior qualifications, Vivian Flowers, for the coveted spot. Because Tyler’s claims are not supported by the required evidence of impermissible motivation behind the University’s decision to hire Flowers, we affirm the district court’s*fn1 grant of summary judgment in favor of Tyler’s employer.

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