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University of Houston v. Barth

The evidence in the whistleblower suit supported a finding that Stephen Barth's reports of Alan Stutt's actions was a cause of Barth receiving a marginal rating with respect to grantsmanship in the 2000 evaluation. Houston's 1st Court of Appeals, No. 01-06-00490-CV.

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OPINION

The University of Houston (“the University”) appeals a judgment rendered pursuant to a jury’s verdict finding that the University violated the Texas Whistleblower Act*fn1 (“the whistleblower act”) by retaliating against Stephen Barth, a tenured professor at the University’s Conrad N. Hilton College of Hotel Management, after he reported to university officials that the college’s dean had violated the law. Barth was awarded actual damages and attorney’s fees against the University based on its violation of the whistleblower act.

Of the six issues raised by the University, the dispositive issues that we address are (1) whether the trial court lacked jurisdiction over Barth’s claims because he did not timely initiate the University’s grievance procedure; (2) whether legally-sufficient evidence supports a finding that Barth reported a violation of the law to the appropriate law enforcement authorities; (3) whether legally-sufficient evidence supports a finding that Barth reported a violation of the law in good faith; and (4) whether legally sufficient evidence supports the jury’s finding that Barth’s report of a violation of the law caused the University to take an adverse employment action against him.

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