Gordon v. Traverse City Area Public Schools

182 F. Supp. 3d 715, 2016 U.S. Dist. LEXIS 52027, 2016 WL 1566721
CourtDistrict Court, W.D. Michigan
DecidedApril 19, 2016
DocketCase No. 1:15-CV-121
StatusPublished
Cited by2 cases

This text of 182 F. Supp. 3d 715 (Gordon v. Traverse City Area Public Schools) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gordon v. Traverse City Area Public Schools, 182 F. Supp. 3d 715, 2016 U.S. Dist. LEXIS 52027, 2016 WL 1566721 (W.D. Mich. 2016).

Opinion

OPINION

GORDON J. QUIST, UNITED STATES DISTRICT JUDGE

Plaintiff, Keegan Gordon, was a fifteen-year-old student at Traverse City West High School when he was sexually assaulted by a teacher. Plaintiff filed a complaint against Defendant, Traverse City Area Public Schools (TCAPS) alleging: (1) a claim pursuant to 42 U.S.C. § 1983 that TCAPS’s conduct in response to the assault violated Plaintiffs right to equal protection and right to be free from harassment based on sex under the Fourteenth Amendment; (2) a claim under Title IX of the Education Amendments of 1972,120 U.S.C. § 1681 et seq. for harassment and retaliation against Plaintiff following the assault; and (3) a state-law claim that TCAPS violated the Michigan Elliott-Larsen Civil Rights Act (ELCRA), M.C.L. §§ 37.2101, et seq. by subjecting him to, or failing to stop, harassment and retaliation following the assault. Plaintiffs major theme is that “Defendant and the school community engaged in retaliatory treatment against Plaintiff in an apparent attempt to punish him and/or have him criminally charged, and/or to undermine his credibility during the police investigation of the charges against [the teacher] for the December 31, 2011 assault.” (ECF No. 1 at PageID.4.)

TCAPS has filed a motion for summary judgment arguing that it is entitled to judgment as a matter of law. Plaintiff has filed a response, including numerous exhibits, and TCAPS has filed a reply. After fully reviewing the parties’ briefs and exhibits, the Court concludes that TCAPS is entitled to summary judgment on all of Plaintiffs claims. As will be discussed more fully below, in his brief, Plaintiff mischaracterizes certain events, asserts facts unsupported by—and in some cases contrary to—the evidence he cites, and, to the extent the facts he asserts have any evidentiary support, they fail to show that TCAPS or anyone acting at its direction retaliated against or harassed Plaintiff because of his sex. At bottom, Plaintiffs complaint is that TCAPS and its teachers and administrators did not do enough to help him following the sexual assault, but such an allegation is insufficient to support the claims Plaintiff alleges.

I. Background

During the 2011-12 school year, Plaintiff was a 10th-grade student at Traverse City West Senior High School (TC West). TC West had a large student population in excess of 1,800 students, which was divided into three separate “neighborhoods” or learning groups known as Athens, Olympia, and Sparta. (ECF No. 56-3 at Pa-geID.530.) Assistant principals assigned to each neighborhood were responsible for supervision of students within that neighborhood. During the 2011-12 school year, Joe Esper, Stephanie Long, and Charles Kolbusz were the assistant principals for Athens, Olympia, and Sparta, respectively. (Id. at PageID.531.) Plaintiff was assigned to the Olympia neighborhood and thus supervised by Long. (Id. at PageID.533.) Plaintiff was also assigned to Guidance Counselor Ashley Vanlandschoot. (ECF No. 56-7 at PageID.564.)

Plaintiff participated in sports at TC West as a member of the freshman baseball team and a member of the freshman and junior varsity football teams. (ECF Nos. 56-14 at PageID.647; 56-20 at Pa-geID.676.) Plaintiff also had a history of [718]*718disciplinary issues, including disruptive behavior and a reported incident of sexual harassment of a female student. (ECF Nos. 56-1 at PageID.483-84; 56-2 at Pa-geID.502-505; 56-11; 56-12 at PageID.616-17.) In addition, on January 4, 2012, Plaintiff was suspended for three days for chewing tobacco in the boys bathroom. (ECF Nos. 56-6 at PageID.560; 56-11 at PageID.607.)

Lisa Placek was one of Plaintiffs teachers during the latter part of this 9th grade year. Placek, who was also the girls volleyball coach, was well liked and considered “the most, like, chill teacher in the school.” (ECF Nos. 56-3 at PageID.531; 57-26 at PageID.1938.) Placek also had children in school with Plaintiff at TC West at the time. At some point early in the fall of 2011, Placek began a texting relationship with Plaintiff that continued for several months. (ECF No. 57-7 at PageID.1269.) The exchanges turned sexual in nature. In December 2011, Plaintiff sent Placek a picture of his aroused penis, and Placek responded by sending Plaintiff a picture of her bare breasts. {Id. at PageID.1204-05; 57-10 at PageID.1480-82.) On December 31, 2011, Placek picked Plaintiff up from a friend’s house and drove him to a deserted parking lot, where she performed oral sex on Plaintiff. {Id. at 1206-08.)

On January 19, 2012, TC West administrators learned that nude pictures of Pla>-cek were circulating among the students at the school and determined that they had originated from Plaintiffs phone. (ECF No. 57-10 at PageID.1479.) Their investigation and interviews of students also revealed that something occurred between Placek and a student on New Year Eve. (Id. at PageID.1481.) By the following day, January 20, school administrators believed that Placek had likely engaged in criminal sexual conduct with Plaintiff and turned the matter over to the police. (ECF No. 56-3 at PageID.531.) That same day, Pla-cek was placed on administrative leave and removed from school property. {Id.) Placek resigned the following week, and, shortly thereafter, criminal charges were filed against her. (ECF No. 56-4 at Pa-geID.544-45.)

School administrators and a detective from the sheriffs department met with Plaintiff and his mother, Kathy Gordon, at the end of the day on January 20 to discuss what they had learned from their investigation. (ECF No. 56-8 at Pa-geID.570.) During the meeting or early the following week, administrators recommended to Kathy Gordon that Plaintiff stay home from school for a few days and have his school work sent home until things calmed down around the school. (ECF No. 56-3 at Page ID.532.) Kathy Gordon thought that this recommendation made sense. (ECF No. 56-2 .at Pa-geID.517-18.) On Saturday, January 21, TC West Principal Joseph Tibaldi sent an email to TC West parents addressing the allegations. The email notified the parents that the teacher had been removed pending the outcome of the criminal investigation and assured them that student safety was the “utmost priority.” (ECF. No. 56-3 at PageID.531, 536.) Early the following week, Tibaldi met with the assistant principals, instructing them to ensure that Plaintiffs teachers protected him and to watch for verbal or physical harassment of Plaintiff. and to report any such misconduct immediately. {Id. at PageID.531.) Tibaldi held a meeting with all staff members a day or two later, in which he emphasized that Plaintiff was the victim and staff should protect him, quell any rumors, be alert for inappropriate comments, and confiscate any devices containing such comments. Staff were instructed not to mention Plaintiff by name in order to protect his privacy. {Id. at PageID.531-32.)

On January 25, Plaintiff and Kathy Gordon met with Tibaldi and- Long. In the [719]*719meeting,- Kathy Gordon showed Tibaldi and Long a handwritten list she made with the names of three students who had made negative comments about Plaintiff on Fa-cebook and the names of a large number of other students who “liked” - the comments.

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Bluebook (online)
182 F. Supp. 3d 715, 2016 U.S. Dist. LEXIS 52027, 2016 WL 1566721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-traverse-city-area-public-schools-miwd-2016.