Alejandro Zaera-Polo v. the Trustees of Princeton University
CourtNew Jersey Superior Court Appellate Division
Date FiledNovember 6, 2026
DocketA-0478-25
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0478-25
ALEJANDRO ZAERA-POLO,
Plaintiff-Appellant,
v.
THE TRUSTEES OF PRINCETON
UNIVERSITY, CHRISTOPHER L.
EISGRUBER, individually and as
President of Princeton University,
SANJEEV KULKARNI,
individually and as Former Dean of
the Faculty of Princeton University,
TONI TURANO, individually and
as Deputy Dean of the Faculty of
Princeton University, MONICA PONCE
DE LEON, individually and as Dean
of the School of Architecture of
Princeton University, ELIZABETH
DILLER, individually and as Thesis
Coordinator of the School of
Architecture of Princeton University,
RICHARD REGISTER, JEAN E.
SCHWARZBAUER, LYNN W.
ENQUIST, SUSAN T. FISKE,
HARVEY S. ROSEN, IRENE V.
SMALL, CAROLINA MANGONE,
MARGOT CANADAY, HARVEY
LEDERMANN, SARAH S. POOR,
JEFF DOLVEN, ANIRUDHA
MAJUMDAR, as members of the
Committee on Conference and
Faculty Appeal of Princeton University,
V. MITCH MCEWEN, individually
and as Assistant Professor of the
School of Architecture, ANN
COLLART, individually, and
PARSA KHALILI, individually,
Defendants-Respondents.
_________________________________
Argued October 27, 2026 – Decided November 6, 2026
Before Judges Natali, Bishop-Thompson, and
Jablonski.
On appeal from the Superior Court of New Jersey, Law
Division, Mercer County, Docket No. L-1472-22.
Alejandro Zaera-Polo, appellant, argued the cause on
appellant's behalf.
Stephen J. Kastenberg argued the cause for respondents
(Ballard Spahr LLP, attorneys; Stephen J. Kastenberg
and Elizabeth K. McManus, on the brief).
PER CURIAM
Plaintiff Alejandro Zaera-Polo appeals from a September 23, 2025 order
granting defendants' motion for summary judgment and denying his motion to
reinstate certain dismissed counts of his complaint. Because the trial court failed
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to comply with the findings and conclusions requirement of Rule 1:7-4(a), we
vacate the order and remand for further proceedings.
I.
Plaintiff joined Princeton University's School of Architecture (School)
faculty in 2009 and served as dean from 2012 to 2014. In 2014, he stepped down
as dean at the request of University President Christopher Eisgruber after he was
found responsible for research misconduct and plagiarism, but remained on the
faculty until his termination in 2021.
Plaintiff's employment was governed by Princeton's Rights, Rules, and
Responsibilities and the Rules and Procedures of the Faculty of Princeton
University, which authorize dismissal for substantial and manifest neglect of
duty, violation of university rules applicable to faculty, and conduct
substantially impairing a faculty member's performance. The governing rules
also provide a multi-step dismissal process, including notice, opportunities to be
heard, review by the Committee on Conference and Faculty Appeal (CCFA),
and consideration by a committee of the Board of Trustees.
After Monica Ponce de Leon became dean of the School in 2016, plaintiff
repeatedly objected to her leadership. The principal dispute concerned the
School's requirement plaintiff advise master's students on their theses. In 2018,
plaintiff informed the thesis committee he would not participate in the advising
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process under the conditions then in place. Dean Ponce de Leon informed him
advising students was part of his faculty responsibilities. Although plaintiff
initially relented, he later refused to continue advising an assigned student, and
the matter was referred to Dean of the Faculty Sanjeev Kulkarni.
Plaintiff told Dean Kulkarni the thesis protocols infringed upon his
academic freedom. In December 2018, Dean Kulkarni rejected that position and
warned plaintiff that refusing to perform thesis-advising duties could constitute
substantial and manifest neglect of duty and could result in discipline, including
dismissal. Plaintiff sought reconsideration and separately attempted to
challenge the thesis procedures, but Dean Kulkarni adhered to his determination
and the CCFA denied relief in February 2019.
The dispute continued. According to the motion record, plaintiff later
contacted students directly about advisor selection after Dean Ponce de Leon
declined to disclose confidential advisor preferences, and he urged students not
to choose him as an advisor even while acknowledging he was required to serve
in that role. When one student selected him, plaintiff warned the student would
not benefit from his advice. Dean Ponce de Leon reported the student felt
attacked and feared retaliation.
In December 2019, Dean Kulkarni directed Deputy Dean Toni Turano and
outside counsel Anne Collart to investigate plaintiff's conduct. Plaintiff asked
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Turano to recuse herself based on her prior involvement in disputes involving
plaintiff, but she declined. After interviewing witnesses and reviewing
documents, the investigators issued a report in July 2020 concluding, among
other things, plaintiff had effectively refused to advise master's thesis students,
had disregarded prior warnings, harmed students and increased colleagues'
workloads, and engaged in communications that violated Princeton's Respect for
Others policy. Plaintiff submitted a written response challenging the
investigation, and Dean Kulkarni ordered a supplemental investigation. A
second report issued in October 2020, did not materially alter the investigators'
conclusions.
Dean Kulkarni then advised plaintiff that suspension or dismissal was
under consideration and met with him again in November 2020. Shortly before
that meeting, however, plaintiff sent an additional communication to students
urging them not to select him as an advisor. Plaintiff was placed on paid
administrative leave.
In January 2021, Dean Kulkarni recommended plaintiff's dismissal to
President Eisgruber, identifying as grounds plaintiff's mistreatment of graduate
students, refusal to advise graduate students, and continuing defiant and
disruptive conduct. He concluded plaintiff's conduct constituted substantial and
manifest neglect of duty, violation of Princeton's rules and procedures
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applicable to faculty, and conduct substantially impairing his performance of
faculty responsibilities. On February 25, 2021, President Eisgruber
recommended dismissal to the Board of Trustees.
Plaintiff appealed to the CCFA, arguing the recommendation was
premature because his cross-complaints against Dean Ponce de Leon had not
been fully investigated and that Dean Kulkarni had a conflict. The CCFA
reviewed plaintiff's submissions, interviewed Dean Kulkarni, met with plaintiff,
and unanimously found no evidence of unfair procedures, inappropriate criteria,
nor a penalty imposed without reasonable consideration of the facts. The matter
then proceeded to a committee of Princeton's Board of Trustees. On July 15,
2021, the Executive Committee, acting on behalf of the Trustees, voted to
terminate plaintiff's employment effective four days later.
Plaintiff sued defendants in August 2022, alleging wrongful termination,
breach of contract, breach of the implied covenant of good faith and fair dealing,
hostile work environment and discrimination, and defamation. In May 2023,
the trial court dismissed the wrongful-termination and defamation claims with
prejudice, dismissed the hostile work environment and discrimination claim
without prejudice, and dismissed all individual defendants except the Trustees
of Princeton University.
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In February 2025, Princeton moved for summary judgment on the
remaining counts. Plaintiff opposed the motion and cross-moved to reinstate
the previously dismissed claims. Following oral argument in September 2025,
the court granted Princeton's motion, denied plaintiff's cross-motion, and
dismissed the complaint with prejudice. The court, however, neither placed its
reasons on the record nor issued a written statement of reasons.
On appeal, plaintiff contends the court granted summary judgment too
early, before discovery was materially complete. Plaintiff also argues the court
failed to enforce defendants' discovery obligations and ignored genuine issues
of material fact about whether defendants had a contractual duty to provide
thesis advising. Finally, plaintiff argues the court failed to make adequate
findings of fact and conclusions of law, thereby frustrating meaningful appellate
review.
II.
Our review of a summary judgment order is de novo, applying the same
standard as the trial court. Samolyk v. Berthe, 251 N.J. 73, 78 (2022). Our
standard of review of this matter, however, compels us to vacate the trial court's
order granting defendants' summary judgment motion and denying plaintiff's
motion to reinstate because we have not been provided with the benefit of the
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motion judge's findings of fact and conclusions of law as is required under Rule
1:7-4.
Our ability to resolve an appeal is dependent on the motion court's
compliance with Rule 1:7-4, which states, in pertinent part, "the court shall, by
an opinion or memorandum decision, either written or oral, find the facts and
state its conclusions of law . . . on every motion decided by a written order that
is appealable as of right." To allow us to address the issues on appeal
substantively, a motion judge's legal conclusions must be tethered to the
underlying facts. See Heinl v. Heinl, 287 N.J. Super. 337, 347 (App. Div. 1996);
Curtis v. Finneran, 83 N.J. 563, 570 (1980) ("Naked conclusions do not satisfy
the purpose of [Rule] 1:7-4."). Without a statement of reasons clearly outlining
the motion judge's findings of fact and conclusions of law, "we are left to
conjecture as to what the judge may have had in mind" and cannot address the
merits of the parties' dispute. Salch v. Salch, 240 N.J. Super. 441, 443 (App.
Div. 1990). Rule 1:7-4 is incorporated into the summary judgment standard. R.
4:46-2(c).
We conclude Rule 1:7-4 was not satisfied here because the judge did not
set forth any specific findings of fact and conclusions of law substantiating the
entry of the order under scrutiny. On remand, the motion judge shall comply
with this Rule by issuing either a written or oral statement of reasons "stat[ing]
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clearly [their] factual findings and correlat[ing] them with relevant legal
conclusions." Avelino-Catabran v. Catabran, 445 N.J. Super. 574, 594-95 (App.
Div. 2016) (quoting Monte v. Monte, 212 N.J. Super. 557, 565 (App. Div.
1986)). We take no position regarding the outcome of this matter on remand.
Vacated and remanded for proceedings consistent with this opinion. We
do not retain jurisdiction.
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