Collins v. Northwestern University

164 F. Supp. 3d 1071, 2016 WL 757979
CourtDistrict Court, N.D. Illinois
DecidedFebruary 24, 2016
DocketCase No. 15 C 0016, Case No. 14 C 5233, Case No. 14 C 6079
StatusPublished
Cited by8 cases

This text of 164 F. Supp. 3d 1071 (Collins v. Northwestern University) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. Northwestern University, 164 F. Supp. 3d 1071, 2016 WL 757979 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Robert W. Gettleman, United States District Judge

In these three related cases, plaintiffs, one former and two current Northwestern University Police Department (“NUPD”) police officers, allege that defendant Northwestern University (“Northwestern”) improperly disciplined them for making inappropriate comments about homosexuals while en route to a Northwestern football game. Plaintiff Todd Collins was employed as a police sergeant for Northwestern until he voluntarily resigned on February 7, 2014. Collins asserts claims for Title VII reverse race discrimination (Count I), violation of 42 U.S.C. § 1981 (Count I), breach of contract. (Count II) and violation of the Due Process Clause of the United States Constitution (Count III). Plaintiff Mitchell Webber is a white NUPD police officer. Webber asserts claims for Title VII reverse race discrimi[1075]*1075nation (Count I), Title VII retaliation (Count II), violations of the Due Process and Equal Protection Clauses of the United States Constitution (Counts III, IV, and V), violations of 42 U.S.C. § 1981 (Counts I, III, TV), breach of contract (Count VI), and tortious interference with prospective economic advantage (Count VII). Plaintiff Katarzyna Kramarz is a white NUPD police officer and former detective for the NUPD. She asserts claims for Title VII race and gender discrimination (Counts I and II), Title VII Retaliation (Count III), violations of the Due Process and Equal Protection Clauses of the United States Constitution (Count IV, V, and VI), violations of 42 U.S.C. § 1981 (Counts IV and V), and breach of contract (Count VII).

Northwestern has moved to dismiss all but Count I of Collins’s complaint, all except Count I and the 42 U.S.C. § 1981 claims of Webber’s complaint, and all of Kramarz’s complaint, except the 42 U.S.C. § 1981 claims and those portions of Counts I and II that relate to discriminatory acts that occurred after May 18, 2013. For the reasons described below, Northwestern’s motions to dismiss are granted in part and denied in part.

FACTS

Northwestern is a private university and oversees its own police force, the NUPD. On or about September 21, 2013, plaintiffs were assigned to work at a Northwestern football game. En route to the stadium, Officer McConnell, another officer assigned to the game, confronted Kramarz accusing plaintiffs of engaging in what he believed were inappropriate comments and behavior. McConnell lodged a complaint against plaintiffs with Northwestern’s Sexual Harassment Prevention Office. Joan Slavin, Northwestern’s Director of Sexual Harassment Prevention and Title IX Coordinator, investigated the incident. Part of the investigation included each plaintiff, without their attorneys, meeting with Sla-vin and a human resources consultant

On November 12, 2013, Slavin separately emailed plaintiffs notifying them that she had completed her investigation and reached certain conclusions based on her findings. Specifically, she found that plaintiffs had violated Northwestern’s Policy on Sexual Harassment (“Sexual Harassment Policy”) by engaging in unwelcome and inappropriate comments and conduct of a sexual nature, and violated Northwestern’s Policy on Discrimination and Harassment (“Discrimination Policy”) by mocking gay men. Slavin explained that she had notified the NUPD administration of her findings and that the NUPD would work with Northwestern’s human resources department to determine what corrective or remedial actions were appropriate.

Plaintiffs appealed Slavin’s findings to Pamela Beemer, Northwestern’s Associate Vice President for Human Resources. In her response, Beemer explained that she reviewed the investigation and concluded it was done in accordance with Northwestern’s Sexual Harassment Policy and Discrimination Policy. Beemer determined that Slavin had conducted a thorough and complete investigation and reached an appropriate conclusion.

The NUPD administration disciplined plaintiffs based on Slavin’s findings. Specifically, Collins was given a three-day suspension without pay, shift change, demotion from sergeant position, six-month proscription from applying for promotion, and final written warning. Collins voluntarily resigned on February 7, 2014. Web-ber was given a three-day suspension without pay, shift change, six-month proscription from applying for a promotion, and final written warning. Kramarz was given a three-day suspension, shift change, removal of detective duties, removal of [1076]*1076field training officer duties, removal of duties of sexual assault investigator, six-month proscription from applying for a promotion, and final written warning.

Plaintiffs individually filed discrimination charges with the Equal Employment Opportunity Commission (“EEOC”) on March 14, 2014 (Kramarz), April 3, 2014 (Webber), and July 17, 2014 (Collins), and obtained right to sue letters.

LEGAL STANDARD

Northwestern has moved pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss portions of each plaintiffs complaint for failure to state a claim upon which relief can be granted. In evaluating a motion to dismiss, the court accepts the complaint’s well-pleaded factual allegations as true and draws all reasonable inferences in the plaintiffs favor. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A motion to dismiss for failure to state a claim tests the sufficiency of the complaint, not its merits. Gibson v. City of Chicago, 910 F.2d 1510, 1520 (7th Cir.1990). To survive such a motion, the complaint must allege sufficient facts that, if true, would raise a right to relief above the speculative level, showing that the claim is plausible on its face. Twombly, 550 U.S. at 555, 127 S.Ct. 1955. To be plausible on its face, the complaint must plead facts sufficient for “the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

1. Plaintiffs’ 42 U.S.C. § 1983 Claims

Each plaintiff has brought claims against Northwestern alleging that its disciplinary actions violated the Due Process and Equal Protection Clauses of the United States Constitution. These claims are all brought pursuant to 42 U.S.C. § 1983. To state a valid claim for relief under § 1983, plaintiffs must establish that they were deprived of a constitutional right or a right secured by federal law, and that the alleged deprivation was committed under color of state law. American Mfrs. Mut. Ins. Co. v. Sullivan,

Related

Doe v. Washington University
E.D. Missouri, 2020
Saud v. DePaul University
N.D. Illinois, 2019
Woytowicz v. George Wash. Univ.
327 F. Supp. 3d 105 (D.C. Circuit, 2018)

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Bluebook (online)
164 F. Supp. 3d 1071, 2016 WL 757979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-northwestern-university-ilnd-2016.