If the defendant meets that burden, "the presumption of discrimination disappears," and the plaintiff must produce substantial evidence indicating that the defendant's proffered reason is pretext for discrimination. Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011); see also Outley v. Luke & Assocs., Inc., 840 F.3d 212, 216 (5th Cir. 2016).

If the defendant succeeds in rebutting the presumption, the plaintiff must establish that the defendant's proffered reason for its action is pretextual-either by showing the employer's proffered reasons are false or that another motiving factor is the protected class. Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011) (citation omitted). To carry that burden, the plaintiff must produce substantial evidence of pretext:

However, the McDonnell Douglas framework has been used by the Fifth Circuit in a variety of cases to assess circumstantial evidence of discrimination by looking to disparate treatment of different classes of people. See Vaughan v. Woodforest Bank, 665 F.3d 632, (5th Cir. 2011) (applying McDonnell framework to Title VII claims for race-based discrimination in employment); Long v. Eastfield Coll., 88 F.3d 300, 304-05 (5th Cir. 1996) (applying McDonnell framework to Title VII claims for gender discrimination, national origin discrimination, and retaliation in employment); Machinchick v. PB Power, Inc., 398 F.3d 345, 350 (5th Cir. 2005) (applying McDonnell framework to ADEA claims for age-based discrimination); Burton v. Freescale Semiconductor, Inc., 798 F.3d 222, 240 (5th Cir. 2015) (applying McDonnell framework to ADA claims for discrimination on the basis of disability); Brady v. Fort Bend Cty, 145 F.3d 691, 712 (considering, but not deciding, whether McDonnell framework has potential application in § 1983 claims for patronage dismissals and free-speech retaliation in violation of the First Amendment); Simms v. First Gibraltar Bank, 83 F.3d 1546, 1558 (5th Cir. 1996) (applying McDonnell framework to a Fair Housing Act claim, noting there was no evidence pre

Chhim also has not alleged that after he was terminated he was replaced by someone outside of his protected class. See Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir.2011). Chhim's allegations, accordingly, are insufficient to state a prima facie claim for discrimination under Title VII, and thus this claim is dismissed under Federal Rule of Civil Procedure 12(b)(6).

However, for national origin and race discrimination claims, a plaintiff may establish pretext by showing that the proffered reason, while true "is only one of the reasons for its conduct, and another 'motivating factor' [was her] protected characteristic." Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011) (race discrimination); see also Roberson v. Alltel Info. Servs., 373 F.3d 647, 652 (5th Cir. 2004). Plaintiff argues that pretext is shown by: (1) Marcus' failure to obtain the necessary number of external review letters; (2) Marcus' "misrepresentations of Plaintiff's student teaching evaluations characterizing student evaluations at the department average for white men as excellent but characterizing Plaintiff's teaching as merely satisfactory;" (3) Marcus' "comments that English was not Plaintiff's native language;" (4) Marcus' criticism of German dissertation publishing; (5) an alleged misrepresentation in Marcus' Memorandum regarding the number of scholars the Department normally contacts to receive four letters; (6) Marcus' initial decision to deny Plaintiff's application based on a failure to receive four reviews; (7) Marcus's failure to provide Plaintiff a copy of the Memorandum; and (8) Marcus' decision to write a negative memorandum regarding Plaintiff's application.

Again, assuming, arguendo, that Plaintiff has made a prima facie case and Defendants have sufficiently rebutted this presumption by offering legitimate, nondiscriminatory reasons for the decision to deny tenure, the Court must next examine whether Plaintiff has presented sufficient evidence to create a genuine dispute of material fact that Defendants' proffered reason is merely a pretext for discrimination (the pretext alternative), or that Defendants' reason, while true, is only one of the reasons for the decision, and another motivating factor is Plaintiff's national origin (the mixed-motives alternative). See Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir.2011). After a close examination of all the arguments and evidence, the Court finds that Plaintiff has failed to present sufficient evidence to rebut Defendants' proffered reasons for the denial of tenure at the summary judgment stage either in the pretext or mixed motives context.

Again, assuming, arguendo, that Plaintiff has made a prima facie case and Defendants have sufficiently rebutted this presumption by offering legitimate, nondiscriminatory reasons for the decision to deny tenure, the Court must next examine whether Plaintiff has presented sufficient evidence to create a genuine dispute of material fact that Defendants' proffered reason is merely a pretext for discrimination (the pretext alternative), or that Defendants' reason, while true, is only one of the reasons for the decision, and another motivating factor is Plaintiff's national origin (the mixed-motives alternative). See Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir.2011). After a close examination of all the arguments and evidence, the Court finds that Plaintiff has failed to present sufficient evidence to rebut Defendants' proffered reasons for the denial of tenure at the summary judgment stage either in the pretext or mixed motives context.