Doe I ex rel. Doe II v. Bibb County School District

126 F. Supp. 3d 1366, 2015 U.S. Dist. LEXIS 113604, 2015 WL 5063746
CourtDistrict Court, M.D. Georgia
DecidedAugust 27, 2015
DocketCIVIL ACTION NO. 5:12-CV-468 (MTT)
StatusPublished
Cited by2 cases

This text of 126 F. Supp. 3d 1366 (Doe I ex rel. Doe II v. Bibb County School District) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe I ex rel. Doe II v. Bibb County School District, 126 F. Supp. 3d 1366, 2015 U.S. Dist. LEXIS 113604, 2015 WL 5063746 (M.D. Ga. 2015).

Opinion

ORDER

MARC T. TREADWELL, JUDGE, UNITED STATES DISTRICT COURT

Plaintiffs Jane Doe I, Jane Doe IPs parent and natural guardian, and Jane Doe II have sued Defendant Bibb County School District for an alleged violation of Title IX. The Court granted partial summary judgment to the Defendant on the Plaintiffs’ “before” theory of Title IX liability. (Doc. 100). That theory was based on the Defendant’s conduct before Jane Doe II’s sexual assault that allegedly made her more vulnerable to the assault. Now the Defendant has moved for summary judgment on the Plaintiffs’ “after” theory of Title IX liability, which pertains to the Defendant’s conduct following Jane Doe II’s assault. (Doc. 109). For the following reasons, -the motion is GRANTED.

I. BACKGROUND

The remaining theory of Title IX liability in this case concerns Defendant Bibb County School District’s (“School District”) actions following the sexual assault of Plaintiff Jane Doe II, a student in a school operated by the School District.1

A. The School District’s Investigation of the Sexual Assault of Jane Doe II

On January 20, 2012, School District officials received notice of a report alleging Jane Doe II was sexually assaulted by several male students in a bathroom at Northeast High School the previous day.2 (Docs. 115 at 20:15-17; 87 at 24:2-19; 86 at 16:11-23; 124 at 12:7-22; 79 at 14:21-17:8).3 Jane Doe I, the mother of Jane Doe II, reported the incident to a supervisor in the School District Department of Transportation. (Docs. 116 at 44:11-45:17; [1369]*136986 at 17:11-22). Stephanie Prater, Deputy-Chief of the School District Campus Police Department,4 received a phone call from the superintendent’s office informing her of the incident at approximately 6 p.m. on January 20. (Doc. 86 at 16:13-15). When she learned of the incident, Chief Prater telephoned Campus Police Detective Cory Goble and dispatched him to meet with Jane Doe II and officers from the Macon Police Department (“MPD”). (Docs. 86 at 19:22-21:1; 87 at 24:2-25:2; 124 at 12:23-25). Chief Prater believed that the Campus Police “would work the case in conjunction with [MPD], but that [Campus Police] would take the lead because it happened on campus.” (Doc. 86 at 22:5-7).

Detective Goble met with Jane Doe I and Jane Doe II at the Medical Center of Central Georgia, where he took Jane Doe IPs statement. (Docs. 87 at 25:3-4, 26:2-5; 124 at 14:6-16). However, Detective Goble deferred detailed questioning to the professional interviewers at the Crescent House.5 (Docs. 87 at 26:5-8; 124 at 14:1416). During Detective Goble’s interview, Jane Doe II provided him with the first name of one of the male students involved in the incident. (Doc. 87 at 26:8-10). Detective Goble then accessed a school database while he was at the Medical Center in an attempt to identify the male student. (Doc. 87 at 29:7-25). Courtney Stephens, a forensic interviewer with the Crescent House, later interviewed Jane Doe II, and her account of the incident was consistent with what she earlier told Detective Goble. (Doc. 87 at 47:22-50:8).

Sometime after midnight on January 21, 2012, Detective Goble took possession of an evidence kit from a medical examination of Jane Doe II and called Chief Prater to tell her he believed there was probable cause for an arrest. (Doc. 87 at 30:14-31:15, 32:7-18). Based on conversations with MPD detectives at the Medical Center, Detective Goble and Chief Prater believed MPD would send someone from their Juvenile Unit to assist with the investigation. (Docs. 87 at 28:14-22; 86 at 28:8-12). At the time Detective Goble called Chief Prater, however, no one from the Juvenile Unit had arrived. (Docs. 87 at 32:18-33:6; 86 at 28:8-12). Because they did not want to delay the investigation, Chief Prater authorized Detective Go-ble to continue investigating over the weekend with the assistance of other Campus Police officers. (Docs. 87 at 32:13-20; 86 at 28:12-20; 124 at 26:19-24). The goal was to have arrests made before Monday when students would return to school. (Doc. 86 at 28:12-20, 31:4-6).

Dr. Quintín Green, the principal of Northeast High School, and Dr. Jeffery Ashley, one of the assistant principals, met at the school on Saturday (January 21) to review the school’s surveillance videos in connection with the incident. (Doc. 79 at 17:4-18:17). By Monday, January 23, Detective Goble had arrested five of the seven male students involved in the incident. (Docs. 86 at 39:13-20, 61:1-15; 113, ¶¶ 6, 11, 16, 22, 28). All seven of the male students had been arrested and placed into custody less than a week after the incident. (Docs. 86 at 41:9-42:1, 61:1-13; 113, ¶¶ 34, 40).

On January 23, 2012, Chief Prater received a phone call from Major Tony Williams with the MPD, who then connected her to Deputy Chief Henderson Cars-[1370]*1370well with the MPD. (Doc. 86 at 42:3-44:1). According to Chief Prater, Deputy Chief Carswell informed her that MPD “had a lot more experience with the cases, and sometimes these cases aren’t what they seem.” (Doc. 86 at 44:25-45:2). In response, Chief Prater informed him that the Campus Police Department had been working with the Bibb County District Attorney’s Office, had taken five individuals into custody, and that she did not believe they needed the MPD’s assistance. (Doc. 86 at 46:17-21).

On January 26, 2012, Lynn Farmer, a 12-year member of the Bibb County Board of Education (“school board”), sent an email to Romain Dallemand, the then-superintendent, in which she was critical of the decision to have the Campus Police investigate the incident. (Docs. 114 at 9:17-19; 114-1 at 3). In the email, she states that having the Campus Police investigate is a “plaintiff attorney’s dream come true,” and she expresses concern about further liability because the School District had just settled a lawsuit involving another special education student at Northeast High School. (Doc. 114-1 at 3). She is also apprehensive that any pitfalls in the investigation will be seen as purposely done to protect the School District and that the School District needs to better control its public relations. (Doc. 114— 1 at 3).

As Farmer’s email suggests, the school board had concerns regarding the MPD’s lack of involvement in the investigation. (Doc. 86 at 57:7-15). Dr. Edward Judie, who as the Deputy Superintendent for Student Affairs was responsible for Title IX compliance, believed “there was a political will to use an outside agency because of a trust issue.” (Doc. 115 at 63:22-23, 85:22-86:8).

On January 31, 2012, Dallemand directed the Campus Police Department to turn the investigation over to MPD. (Doc. 124 at 35:20-36:1). That same day, Dallemand emailed school board members and informed them “Deputy Chief Mike Carswell of the [MPD] ... has agreed to take over the matter and conduct any further investigation that may be needed.” (Doc. 114-1 at 4). He also stated, “Until it was brought to my attention by the media, I was under the impression that the MPD was involved. Although the MPD offered to conduct the investigation, I was recently notified that Campus Police made the decision not to include MPD.” (Doc. 114-1 at 4). Chief Prater testified that MPD “excluded themselves, and I just said, you know, thanks but no thanks, we don’t need you now.” (Doc. 124 at 39:17-19).

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Cite This Page — Counsel Stack

Bluebook (online)
126 F. Supp. 3d 1366, 2015 U.S. Dist. LEXIS 113604, 2015 WL 5063746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-i-ex-rel-doe-ii-v-bibb-county-school-district-gamd-2015.