In the United States District Court for the Northern District of Indiana, South Bend Division. No. 82 C 104 -- Allen Sharp, Judge.
Wood, Eschbach, and Coffey, Circuit Judges.
The University of Notre Dame Du Lac appeals from an order granting enforcement of an administrative subpoena duces tecum issued by the Equal Employment Opportunity Commission ("EEOC") requiring the University to produce the personnel files of certain faculty members in the University's Department of Economics. We reverse and remand.
On May 21, 1980, Oscar T. Brookins filed a charge with the EEOC alleging that the University had unlawfully discriminated against him on the basis of race in denying him a tenured position in the University's Economics Department. In his EEOC charge, Brookins alleged:
"I began employment with [the University of Notre Dame] in August, 1974 as assistant professor of Economics. I received a one-year terminal contract on May 13, 1980 which denied me tenure as a permanent professor.
"I feel that I have been discriminated against because of my face [sic], black, in that:
(1) no black professor has ever received tenure from the Economics Department.
(2) the University refused to state to me in writing why I was being denied tenure.
(3) my publications are of greater or equal quality and of greater or equal number than most tenured professors within the Department of Economics.
(4) the Chairman of the Department of Economics has made the statement to my wife that he doesn't believe that races should be mixed. My wife is white.
(5) Chairman and Dean have refused to identify external and internal reviewers of my performance. Further, they have refused to allow me to read these reviewer's comments.
(6) those persons and committees reviewing me for tenure have used student's teacher-course evaluations as a measure of my competency to teach.
(7) the Department of Economics has refused to provide copies of its member's vitaes to me. According to the University's rules, I have a right to see the vitaes."
In investigating Brookins' charge of unlawful racial discrimination, the EEOC sent the University an eight-part questionnaire demanding inter alia the following: (1) "Describe in detail your tenure practices in the University of Notre Dame"; (2) "Identification by name and race, of persons responsible for reviewing the qualifications of candidates for tenured positions"; (3)"Identify by name, race, and job title the individual(s) making up the tenure committees for the economics department from January 1, 1980 to June 1, 1980"; (4) Construct a chart detailing the name, race and ...