Goodman v. Archbishop Curley High School, Inc.

149 F. Supp. 3d 577, 2016 WL 759187, 2016 U.S. Dist. LEXIS 23533
CourtDistrict Court, D. Maryland
DecidedFebruary 26, 2016
DocketCivil Action No. RDB-15-0627
StatusPublished
Cited by13 cases

This text of 149 F. Supp. 3d 577 (Goodman v. Archbishop Curley High School, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodman v. Archbishop Curley High School, Inc., 149 F. Supp. 3d 577, 2016 WL 759187, 2016 U.S. Dist. LEXIS 23533 (D. Md. 2016).

Opinion

MEMORANDUM OPINION

Richard D. Bennett, United States District Judge

Plaintiff Annette Goodman ■ (“Plaintiff’ or “Goodman”) has, -brought this action against Defendants. Archbishop Curley High School, Inc. (“Curley”) and the Roman Catholic Archbishop of Baltimore (“Archdiocese”) (collectively “Defendants”), alleging retaliation in'violation of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. (“Title IX”) and 34 C.F.R. § 100.7. Currently pending before this Court is Defendants’ Motion to Dismiss' or, in the alternative, for Summary Judgment (ECF No. 23). The parties’ submissions have been reviewed, and a hearing on the pending motion was held in this Court on February 5, 2016. For the reasons stated herein, Defendants’ Motion to Dismiss or, in the alternative, for Summary Judgment (ECF No. 23) is DENIED.

BACKGROUND

In ruling on a motion to dismiss, this Court accepts as true the facts alleged in the complaint. See Aziz v. Alcolac, Inc., 658 F.3d 388, 390 (4th Cir.2011). Plaintiff Annette Goodman (“Plaintiff’ or “Goodman”)' alleges the following: In August of 2013, Goodman began working as a school librarian1 at Defendant Archbishop Curley High School (“Curley”), an all-boys catholic high school administered by Defendant Roman' Catholic Archbishop of Baltimore (“Archdiocese”) (collectively “Defendants”). Compl. at ¶ 7, ECF No. 1. In February of 2014, Goodman learned that Curley had recently disciplined a Curley teacher named’ Lynette Trotta (“Trotta”) because of her inappropriate physical behavior with students. Id: at ¶ 8. Prior to that disciplinary action, Goodman claims, another Curley teacher named Friar Matthew Foley (“Foley”) complained to Curley Vice Principal Brian Kohler (‘ Vice Principal Kohler”) that he had observed inappropriate behavior between Trotta and a current Curley student (the “Student”). Id. at ¶ 9.

On March 6, 2014, a friend of the Student informed Goodman that the Student “did it” with Trotta in a car. Id. at ¶ 10. tíoodman claims that Curley students often spread rumors of this nature. Id. Therefore, she initially dismissed the complaint as a rumor. Id. However, on March Í2, 2014, Goodman requested that the Student and his friend meet with her in a seminar room in the library. Id. at ¶ 12. Goodman asked the Student, “[A]re you in a relationship that is currently'making you uncomfortable?” Id. The Student'nodded yes. Id. Goodman then asked, “Is this rela[580]*580tionship with a member of the faculty?” Id. The Student again nodded yes, although he would not identify the faculty member by name. Id.

On March 18, 2014, Goodman again spoke to the Student and his friend. Id. at ¶ 13. This time, the Student revealed that Trotta had engaged in sexual activity with him, although he asked Goodman to keep his statement confidential. Id. By this point, Goodman suspected that Trotta’s inappropriate behavior with the Student was more than just a rumor. Id. However, she feared how the Curley administration and Trotta’s husband, a Curley math teacher, might react if she reported the Student’s allegations. Id. at ¶ 14. Additionally, she was wary of breaking the Student’s confidence and claims to have been unaware of the correct procedure for reporting such a serious allegation. Id. at ¶ 15.

Goodman claims that, on March 23, 2014, she decided to report the Student’s allegations to the Curley administration. Id. at ¶ 16. However, when Goodman awoke on March 24th, she felt dizzy and weak. Id. at ¶ 17. She had suffered panic attacks in the past and planned to report to the administration as planned, but her symptoms only got worse after she arrived at school. The school nurse determined that Goodman was experiencing a hypertensive emergency, and Goodman went to the hospital. Id. Goodman remained in the hospital for two days, returning to school on March 30th, although her condition remained unstable and her blood pressure remained extremely elevated. Id. at ¶ 18.

On April 1, 2014, Goodman relayed to Vice Principal Kohler what the Student had told her about Trotta. Id. at ¶ 19. Vice Principal Kohler replied, “If I don’t look surprised, it’s because, well, I’m a professional and I’ve heard all of this before.” Id. Additionally, he cautioned Plaintiff not to tell anyone else what she had disclosed to him and that he would figure out how to proceed. Id. Around noon on that same day, Vice Principal Kohler asked Goodman to relay the allegations to Principal Phil Piercy (“Principal Piercy”). Id. at ¶ 20. According to Goodman, Principal Piercy seemed unsure of the appropriate next steps but, like Vice Principal Kohler, told Plaintiff not to say anything. Id. Following that meeting, Principal Piercy reported the allegations to Father Joe Benicewicz (“Father Benicewicz”). Id. at ¶21. Later that afternoon, Goodman escorted her students to a school event where Father Benicewicz was present. Id. At that event, Goodman claims that Father Benicewicz ignored her attempts at an interaction and angrily glared at her. Id. at ¶ 22.

On April 2, 2014, the Student informed Goodman that police had questioned him about his allegations against Trotta. Id. at ¶23. He said that he denied everything and had deleted everything related to Trotta from his phone. Id. Goodman told the Student that he should have been truthful with investigators. Id. Later that day, Goodman overheard several students discussing a rumor that Trotta had sex with the Student. Id. at ¶24. Goodman immediately informed Principal Piercy of her conversation with the Student and of what she had overheard. Id. at ¶ 25. Allegedly, Principal Piercy was unsure how to handle the situation, but told Goodman not to “say anything to anyone about anything.” Id.

Later that same day, Vice Principal Kohler informed Goodman that police detectives were on campus to begin investigating the Student’s allegations. Id. at ¶ 26. Goodman posits that the police investigation attracted unwanted attention to Curley and the Archdiocese. Id. at ¶¶ 27-28. In fact, Father Benicewicz yelled at Goodman, “I am VERY, VERY upset with you! Were you or were you not told not to [581]*581speak to anybody?” Id. at ¶ 29., Goodman responded, ‘Yes, but the victim talked to me. I didn’t say anything.” Id. “Don’t even go there!” Father Benicewicz replied. Id.

It seemed to Goodman that the Curley administration had wanted to keep the allegations quiet. Id. at ¶ 30. After she left school on the afternoon of April 2, 2014, Goodman received a call requesting that she return to school to speak with defectives. Id. at ¶31. Two police detectives interviewed Goodman for nearly an hour in Principal Piercy’s office. Id. at ¶ 32. Goodman spent another hour answering questions from David Kinkopf, who introduced himself as counsel for Curley and the Archdiocese. Id. at 33. At the conclusion of the meeting, she was informed that she had broken Archdiocese policies, Caiion law, and state law, and that she was suspended without pay. Id.

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149 F. Supp. 3d 577, 2016 WL 759187, 2016 U.S. Dist. LEXIS 23533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodman-v-archbishop-curley-high-school-inc-mdd-2016.