is no evidence to show that they were motivated by racial discrimination in their participation in the decision not to hire Dr. Koch for a temporary full-time position in the KSU Political Science Department. Instead of stating their appellate issue in qualified immunity terms and addressing their affirmative defense with respect to the applicable clearly established law, they have presented the factual issue of no evidence to show their discriminatory intent to commit a constitutional tort. Because we lack jurisdiction, we DISMISS this appeal and REMAND the case for further proceedings in the district court. 1 . Dr. Koch obtained her Ph.D. degree from Ohio State University in 1985. See Deposition of Willoughby Jarrell, former chair of the KSU Political Science Department, at 66-67 (<HOLDING>). She taught as an Assistant Professor of
holding that the words school property do not include a college or university recognizing that property interest based on contractual relationship may arise  when a student enrolls in a college or university pays his or her tuition and fees and attends such school  holding that communications between the university of colorados counsel and former employees of the university concerning activities during their period of employment may be protected by the attorneyclient privilege under the rationale presented in upjohn but holding that the university waived the privilege by disclosing the documents recognizing that in the academic field a college or university strives for diversity of faculty degrees to provide different perspectives in the classroom holding that an identity of interest existed between the university and one of its doctors because the university took steps to provide counsel for the doctor and required that all communications concerning the plaintiffs claim be sent to the universitys risk management attorney or to the doctors counsel