Goodman v. Archbishop Curley High School, Inc.

195 F. Supp. 3d 767, 2016 WL 3906640, 2016 U.S. Dist. LEXIS 93499
District Court, D. Maryland·Decided July 19, 2016·No. Civil Action No. RDB-15-0627·Published·Cited by 15 cases

Opinion

MEMORANDUM ORDER

Richard D. Bennett, United States District Judge

Plaintiff Annette Goodman (“Plaintiff’ or “Goodman”) commenced 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. See Compl., p. 10, ECF No. 1. Subsequently, Defendants filed a Motion to Dismiss or, in the alternative, for Summary Judgment (ECF No. 23), arguing, inter alia, that Plaintiffs suit was barred by Title IX’s religious organizations exemption, 20 U.S.C. § 1681(a)(3). See Mem. Supp. Mot. to Dismiss, p. 12, ECF No. 23-1. Following a February 5, 2016 hearing, this Court denied Defendants’ Motion to Dismiss via Memorandum Opinion (ECF No. 27) and Order (ECF No. 28) dated February 26, 2016. See Goodman v. Archbishop Curley High School, Inc., et al., 149 F.Supp.3d 577, 588-89 (D.Md.2016).

Currently pending before this Court is Defendants’ Motion to Certify Interlocutory Appeal (ECF No. 32), in which Defendants request that this Court certify its February 26, 2016 Order (ECF No. 28) for immediate interlocutory appeal to the United States Court of Appeals for the Fourth Circuit. The parties’ submissions have been reviewed, and no hearing is necessary. See Local Rule 105.6 (D. Md. 2016). For the reasons stated herein, Defendants’ Motion to Certify Interlocutory Appeal (ECF No. 32) is DENIED.1

BACKGROUND2

In August of 2013, Plaintiff Annette Goodman (“Plaintiff’ or “Goodman”) began working as a school' librarian 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 April of 2014, Goodman indicated to school administrators her suspicion that a fellow Curley teacher, Lynette Trotta (“Trotta”), was involved in a sexual relationship with a Curley student (the “Student”). Id. at ¶¶ 10-19. She contends that the Curley administration did not seem surprised by her allegations; but rather responded to her report with anger and indifference, concerned primarily with the negative attention this incident might [770] attract to the school. Id. at ¶ 19-30. Goodman was terminated from her position shortly thereafter on the basis that she had not immediately notified her superiors of her suspicions.

Plaintiff filed a complaint in this Court (ECF No. 1) claiming 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, Id. at p. 10. Specifically, Goodman alleges that Trotta’s sexual, abuse of the Student and Curley’s inadequate response violated Title IX, that Defendants had knowledge of Trotta’s inappropriate behavior but, until her report, showed deliberate indifference, and that this deliberate indifference exposed Defendants to civil liability under Title IX. Id. at ¶¶ 41, 42-44, 45. Therefore, Goodman claims, Defendants retaliated against her after she reported Trotta’s behavior by suspending her without pay, terminating her employment, informing her that they would share their reasons for termination with potential employers, publicly blaming her, and ruining her reputation. Id. at ¶ 46.

Defendants have indicated that they fired Goodman not because she exposed suspected child abuse, but because she admittedly waited weeks3 before doing so. Mem. Supp. Defs.’ Mot. to Dismiss, p. 1-2, ECF No, 23-1. Defendants proffer that Canon Law, in accordance with them own policies, “requires immediate reporting of child sex abuse.” Id. Accordingly, Defendants filed a Motion to Dismiss or, in the alternative, for Summary Judgment (ECF No. 23), seeking dismissal of Plaintiff’s Title IX retaliation claim on the grounds that it was barred by, inter alia4, Title IX’s religious organizations exemption.

Title IX’s religious organizations exemption provides that “this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization.” 20 U.S.C. § 1681(a)(3). However, the Supreme Court of the United States in Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 125 S.Ct. 1497, 161 L.Ed.2d 361 (2005) has characterized the exceptions to Title IX’s broad prohibition on discrimination as “narrow.” Jackson, 544 U.S. at 173-175, 125 S.Ct. 1497 (“Title IX, ... subject to a list of narrow exceptions not at issue here, broadly prohibits a funding recipient from subjecting any person to ‘discrimination’ ‘on the basis of sex’ ”... “Title IX is a broadly written general prohibition on discrimination, followed by specific, narrow exceptions to that broad prohibition”) (emphasis added). Additionally, the United States Court of Appeals for the Sixth Circuit in Doe v. Salvation Army in U.S., 685 F.3d 564 (6th Cir.2012) specifically identified Title IX’s [771] religious organizations exemption as narrow. See Doe, 685 F.3d at 572 (referencing “narrow but express exceptions -relating explicitly to religious organizations in the amendments to Title IX....”) (emphasis added).

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Goodman v. Archbishop Curley High School, Inc., 195 F. Supp. 3d 767, 2016 WL 3906640, 2016 U.S. Dist. LEXIS 93499 (D. Md. 2016).

195 F. Supp. 3d 767 (Goodman v. Archbishop Curley High School, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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