Gadling-Cole v. West Chester University

868 F. Supp. 2d 390, 114 Fair Empl. Prac. Cas. (BNA) 1243, 2012 WL 1075809, 2012 U.S. Dist. LEXIS 45710
CourtDistrict Court, E.D. Pennsylvania
DecidedMarch 30, 2012
DocketCivil No. 11-0796 (JBS)
StatusPublished
Cited by5 cases

This text of 868 F. Supp. 2d 390 (Gadling-Cole v. West Chester University) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gadling-Cole v. West Chester University, 868 F. Supp. 2d 390, 114 Fair Empl. Prac. Cas. (BNA) 1243, 2012 WL 1075809, 2012 U.S. Dist. LEXIS 45710 (E.D. Pa. 2012).

Opinion

OPINION

SIMANDLE, District Judge:1

I. INTRODUCTION

This matter is before the Court on the motion of Defendants West Chester University, Eli DeHope, Claire Dente, Janet Bradley, Rick Voss and Michelle Belliveau (collectively “Defendants”) to dismiss Plaintiff Charnetta Gadling-Cole’s complaint. [Docket Item 6.] Plaintiff Charnetta Gadling-Cole (“Plaintiff’) filed an amended complaint in response to the motion to dismiss. [Docket Item 10.] Defen[392]*392dants then filed a second motion to dismiss in response to the amended complaint. [Docket Item 12.] The Plaintiff filed opposition to this second dismissal motion. [Docket Item 13.] For the reasons discussed below, the Defendants’ first motion to dismiss [Docket Item 6] will be DISMISSED AS MOOT and the Defendants’ second motion to dismiss [Docket Item 12] will be GRANTED IN PART and DENIED IN PART.

II. BACKGROUND

The instant action arises out of alleged religious discrimination suffered by the Plaintiff while she was employed as a Frederick Douglas Visiting Scholar at West Chester University.

For purposes of this motion, the Amended Complaint’s allegations are taken as true. The Plaintiff began her employment in the Department of Social Work at West Chester University as a Frederick Douglas Visiting Scholar in January, 2008. (Am. Compl. ¶¶ 11, 15, 17.) The Plaintiff was employed as an adjunct professor and assigned to teach Human Behavior and the Social Environment II. (Am. Compl. ¶-17.)

The Social Work Department consists of five tenure-track faculty members: Defendants Eli DeHope, Claire Dente, Janet Bradley, Rick Voss and Michelle Belliveau (“Faculty Defendants”). (Am. Compl. ¶ 21.) All five faculty members were members, supporters and/or advocates of the Lesbian, Gay, Bisexual, Transgender and Queer (“LGBTQ”) community. (Am. Compl. ¶ 22.) The tenured faculty members openly published their support for the LGBTQ community and requested that the Plaintiff similarly advocate and support these alternative lifestyles. (Am. Compl. ¶ 24.)

The Plaintiff is a Baptist and her religious beliefs conflicted with supporting the alternative lifestyles of the Lesbian, Gay, Bisexual, Transgender and Queer community. (Am. Compl. ¶¶ 11, 21.) Consequently, the Plaintiff did not openly support the LGBTQ community, despite the requests of the Faculty Defendants. (Am. Compl. ¶ 20.)

At all relevant times, the Faculty Defendants knew that Plaintiffs religious beliefs precluded her from supporting the LGBTQ community. (Am. Compl. ¶¶ 26.) However, the Faculty Defendants allegedly targeted the Plaintiff and subjected her to discriminatory treatment as a result of her failure to advocate on behalf of the LGBTQ community. (Am. Compl. ¶ 34.) Some examples of this discriminatory treatment include faculty members criticizing Plaintiff for her lack of familiarity with the LGBTQ community, refusing to collaborate on projects with the Plaintiff, and excluding the Plaintiff from meetings. (Am. Compl. ¶ 34.)

In January 2009, the Plaintiff applied for a tenure-track, Assistant Professor position with Defendant West Chester University (‘West Chester”). (Am. Compl. ¶ 35.) The Plaintiff met all of the requirements for the position and was one of two candidates selected for interviews. (Am. Compl. ¶¶ 36^42.) The other candidate was allegedly a member and/or supporter of the LGBTQ community and did not have religious beliefs that conflicted with these alternative lifestyles. (Am. Compl. ¶ 43.) However, this candidate was allegedly not qualified for the position because she did not have prior undergraduate level teaching experience. (Am. Compl. ¶ 44.)

The search committee assembled to interview the candidates for the Assistant Professor position consisted of all five of the Faculty Defendants. (Am. Compl. ¶ 46.) Prior to the Plaintiffs interview, the Plaintiff was contacted by Faculty Defendant DeHope who informed the Plain[393]*393tiff that she was not a “good fit” for the Department. (Am. Compl. ¶ 48.) The Plaintiff immediately contacted the Chairperson of the Undergraduate Social Work Department, Dr. Mildred Joyner, and complained of DeHope’s hostile and offensive conduct. (Am. Compl. ¶¶ 49.)

The Plaintiff was interviewed on February 12, 2009 by the Faculty Defendants. (Am. Compl. ¶ 51.) During this interview, some of the Faculty Defendants did not attend and the Plaintiff was treated with hostility by the remaining Faculty Defendants who refused to interact with her during the interview. (Am. Compl. ¶ 51.) Some Faculty Defendants made sarcastic comments when the Plaintiff spoke and stressed the importance of fitting in with the rest of the department. (Am. Compl. ¶ 51.)

After the interview, Faculty Defendant Rick Voss reached out to one of Plaintiffs recommenders and left him five voice mail messages in one day, as well as an email where Defendant Voss questioned the recommender on how long he has known the Plaintiff and in what capacity he knows her. (Am. Compl. ¶ 52.) The other candidate’s recommenders were not similarly treated. (Am. Compl. ¶ 53.)

The Plaintiff was concerned about the hostility she encountered during her interview and requested and scheduled a meeting with Faculty Defendant Michelle Belliveau. The Plaintiff also met with the Director of Social Equity about the hostility she experienced from the search committee. (Am. Compl. ¶ 54.) Once Defendant Belliveau learned that Plaintiff had complained to the Director of Social Equity, Belliveau refused to participate in and cancelled the meeting with the Plaintiff. (Am. Compl. ¶ 56.)

On February 24, 2009, the Plaintiff was informed that she was not selected for the Assistant Professor position. (Am. Compl. ¶ 58.) The search committee nominated the other candidate for hire, who was a member of the LGBTQ community, even though the other candidate was allegedly not qualified for the position. (Am. Compl. ¶ 59.) However, as a result of the discrimination in the selection process, the Dean subsequently cancelled the recruitment and hiring process. (Am. Compl. ¶ 62.)

On February 25, 2009, after she was told she was not selected, the Plaintiff complained about the religious discrimination in the search process to West Chester’s Department of Social Equity. (Am. Compl. ¶ 67.) On February 27, 2009, the Plaintiff filed a Social Equity Complaint with Defendant’s Office of Social Equity where she requested that her discriminatory treatment and hostile work environment allegations be investigated. (Am. Compl. ¶ 67.)

The Faculty Defendants were aware that the Plaintiff had filed a complaint with the Department of Social Equity and in the following months subjected the Plaintiff to discriminatory and retaliatory treatment. (Am. Compl. ¶¶ 69-70.) The Plaintiff received emails from an LGBTQ student undermining the Plaintiffs authority as a professor; the Plaintiff experienced hostile treatment and behavior from LGBTQ students in her classes; and the Faculty Defendants did not support any educational events organized by the Plaintiff and instead, discouraged student attendance to those events by telling students that they would receive an unexcused absence. (Am. Compl. ¶ 70.)

On April 2, 2009, Plaintiffs Social Equity Complaint was transferred to West Chester’s Office of Human Resources for an investigation. (Am. Compl. ¶ 73.)

On May 4, 2009, the Plaintiff spoke with Patricia Seningen, an employee of West [394]

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868 F. Supp. 2d 390, 114 Fair Empl. Prac. Cas. (BNA) 1243, 2012 WL 1075809, 2012 U.S. Dist. LEXIS 45710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gadling-cole-v-west-chester-university-paed-2012.