Briggs v. University of Detroit-Mercy

22 F. Supp. 3d 798, 2014 U.S. Dist. LEXIS 72027, 2014 WL 2199629
CourtDistrict Court, E.D. Michigan
DecidedMay 27, 2014
DocketCase No. 13-12583
StatusPublished
Cited by7 cases

This text of 22 F. Supp. 3d 798 (Briggs v. University of Detroit-Mercy) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Briggs v. University of Detroit-Mercy, 22 F. Supp. 3d 798, 2014 U.S. Dist. LEXIS 72027, 2014 WL 2199629 (E.D. Mich. 2014).

Opinion

[802]*802OPINION AND ORDER GRANTING DEFENDANTS UNIVERSITY OF DETROIT MERCY AND KERI GAITHER’S MOTION FOR SUMMARY JUDGMENT

ROBERT H. CLELAND, District Judge.

Plaintiff Carlos Briggs, former assistant coach of the University of Detroit Mercy (UDM) men’s basketball team, complains that his former boss’s boss, UDM’s athletic director (Defendant Keri Gaither), accompanied the team on road trips to engage in a sexual relationship with one of Plaintiffs fellow assistant coaches, and that consequently, Gaither granted preferential treatment to her paramour to Plaintiffs detriment. She later admitted the relationship with the other assistant coach, and both were fired. Plaintiff alleges that the relationship created an openly sexually-charged atmosphere — where, for example, players would listen at the door of Gaither’s hotel room — thus creating a distasteful work environment.

Plaintiff sued UDM, Gaither, UDM’s media consultant, Meisner Associates, Inc., and its President, Mort Meisner. His complaint suggests that his repeated exposure to such salacious and offensive conduct just must give rise to some type of Title VII discrimination charge — Plaintiff argues what amounts to “where there’s smoke there’s fire.” That argument turns out to be a fallacious one, however: affirming the consequent. Fire can indeed cause smoke, but sometimes there is nothing more than smoke, or it is from a different source. Here, the relationship between Gaither and Plaintiffs co-assistant coach, Derek Thomas, may well have given rise to an unprofessional and unpleasant environment, but it does not give rise to a recognized cause of action.

After all Defendants removed the case from Wayne County Circuit Court, on March 3, 2014, Defendants UDM and Gaither moved to dismiss Plaintiffs claims pursuant to Fed.R.Civ.P. 12(b)(6) or in the alternative for summary judgment pursuant to Fed.R.Civ.P. 56.1 The matter is fully briefed, and no hearing is needed. See E.D. Mich. LR 7.1(f)(2). For the following reasons, the court will grant Defendants UDM and Gaither’s motion for summary judgment.

I. BACKGROUND

On July 16, 2007, Plaintiff began his tenure at UDM as one of three assistant coaches for the men’s basketball team. (Dkt. # 39, Pg. ID 615.) Shortly thereafter, UDM named Keri Gaither interim athletic director and later, in the spring of 2008, removed the interim designation. (Id. at Pg. ID 615.) In August 2009, Gaither and Derek Thomas, one of the three assistant coaches, began to engage in a sexual relationship. (Dkt. # 30, Pg. ID 616!) Three years later, on August 26, 2012, Plaintiff disclosed his knowledge of Gaither and Thomas’s sexual relationship as an “anonymous” reporter via UDM’s whistleblower web-based tool.2 (Dkt. [803]*803# 50-10). In relevant part, Plaintiff stated:

I am Assistant Men’s Basketball Coach, one of three on our staff. We report to the Head Coach who report to the Athletic Director. The Athletic Director has been having sexual relations with my fellow assistant Derek Thomas since our team trip to Spain in the summer of 2009. I know because Derek and I have been roommates on the road the whole time. Whenever the AD travels with the team I have the room to myself. The favoritism the AD shows Derek has caused a lot of difficulty and drag on our growth as a basketball program. The AD’s resentment for me because she knows I know about their affair and because she resents my ability to recruit and do other work functions better than her lover threatens my job status. She has consistently acted to undermine me during the past year.

(Dkt. # 50-10, Pg. ID 1426.)

Steve Nelson, UDM’s Associate Vice-President for Human Resources, initially responded thanking Plaintiff for the report, and the next day asked that Plaintiff “provide more details to facilitate the investigation.” (Dkt. # 50-10, Pg. ID 1428.) After Plaintiff responded with more details, the following exchange ensued:

[Nelson]: Please contact Steve Nelson at 313-993-1524.
[Reporter]: How do I talk to Steve an[d] remain anonymous?
[Nelson]: You have already identified yourself as an Assistant Coach. That narrows it down to two possible people. Your original report said you could submit contact information of others who may know something. I am only trying to determine if there is any additional information pending or if there is possibly someone else that might be able to corroborate your statement.

(Id. at Pg. ID 1430.) Ultimately, Plaintiff agreed to meet Nelson at a Tim Horton’s restaurant on September 7, 2012 to discuss the report but Nelson did not ascertain any new material facts from this face-to-face meeting. (Dkt. # 50-12, Pg. ID 1488.)

Plaintiff alleges that UDM and Gaither retaliated against him for filing the whis-tleblower report. As part of UDM’s supposed retaliation, the University enlisted Mort Meisner as a consultant and media liaison for its men’s basketball program. (Dkt. # 1-2, Pg. ID 16.) On September 7, 2012, the same day that Plaintiff met Nelson at Tim Horton’s, Plaintiff alleges that Meisner slandered him to UDM alumnus Michael Korsak. (Id.) Specifically, Plaintiff alleges that Meisner told Korsak that: (1) Plaintiff was kicked out of Baylor University, (2) Plaintiff was fired from his previous coaching positions, (3) Plaintiff was the cause of UDM’s basketball players’ dissension, and (4) Plaintiff is a “piece of shit.” (Id.) Meisner allegedly repeated the first three statements to Detroit Free Press reporter Perry Farell. (Id.)

UDM closed its investigation of Plaintiffs whistleblower report on September 15, 2012. (Dkt. #50-10, Pg. ID 1430.) Three days later, Plaintiff emailed Nelson and carbon copied Dr. Antoine Garibaldi, President of UDM, stating:

The lines of authority have been permanently compromised and those of us [804]*804working in the department won’t have any confidence in the integrity of the lines of authority, the department of the University as long as the wrongdoers are in place. Please tell me if there is anywhere else I can go to get this cleaned up for the good of the University, the Athletic Department, thé Men’s Basketball Program, our student athletes and each of us who works here doing our jobs blamelessly.

(Dkt. # 39-11, Pg. ID 750.)

Despite Gaither and Thomas’s denial of their relationship during the investigation, the truth eventually surfaced and on October 31, 2012, Nelson and Garibaldi informed Gaither and Thomas that UDM would be terminating their employment. (Dkt. #39, Pg. ID 622.) The following day, Nelson and Garibaldi informed Plaintiff that UDM would also be terminating his employment. (Dkt. # 50, Pg. ID 1233.) Plaintiffs termination letter states “[t]he grounds for the termination are that you acted in a threatening manner toward Mort Meisner and his daughter on the evening of October 12, 2012 at Calihan Hall, and that you attempted to interfere in an employment opportunity that Autumn Rademacher [head coach of the women’s basketball team] had at Eastern Michigan University.” (Dkt. # 39-9, Pg.

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Bluebook (online)
22 F. Supp. 3d 798, 2014 U.S. Dist. LEXIS 72027, 2014 WL 2199629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briggs-v-university-of-detroit-mercy-mied-2014.