Harper v. City of Jackson Municipal School District

149 F. App'x 295
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 30, 2005
Docket05-60232
StatusUnpublished
Cited by14 cases

This text of 149 F. App'x 295 (Harper v. City of Jackson Municipal School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harper v. City of Jackson Municipal School District, 149 F. App'x 295 (5th Cir. 2005).

Opinion

PER CURIAM: *

Plaintiff-Appellant Jacqueline Harper appeals the district court’s order granting Defendant-Appellee City of Jackson Municipal School District’s motion for summary judgment. For the following reasons, we AFFIRM the judgment of the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

During the period of time pertinent to her complaint,

Plaintiff Jacqueline Harper taught at Callaway High School (“Callaway”) in Jackson, Mississippi. Defendant Fred Casher was the principal at Callaway. Harper alleges that she suffered ongoing sexual harassment by Casher at Callaway between December 1996, soon after Casher was hired as principal, and February 2001, when she began her lawsuit. Specifically, Harper contends that Casher repeatedly propositioned her for sex, uttered racy statements to her, ran his hand up her *297 thigh towards her private area, licked his tongue at her suggestively, felt her behind, and even “snatched [her] breast out of [her] dress and stuck it in his mouth.” While Harper related these occurrences to some of her colleagues, neither she nor they reported them to the school district administrators until February 2001.

The City of Jackson Municipal School District (“School District”) has had a sexual harassment policy since 1986. In 1992, its provisions regarding procedure were amended to read:

Step One: Within five (5) days of the time a complaint becomes known, the employee will present the complaint orally to his immediate supervisor or the district’s title IX coordinator and complete the “Report of Violation of Title IX” form. It should be noted that the complainant does not have to report the incident to the supervisor before talking with the Title IX coordinator.
Step Two: Within 3-5 days the supervisor or complainant is to present the completed “Report of Violation of Title IX” form to the designated person in the office of personnel services.

The 2000 amended policy retained alternative avenues for employees to make complaints.

On February 9, 2001, Harper reported the alleged sexual harassment to Dr. Delores Hopkins, Assistant Superintendent for the School District. Harper told Hopkins she tolerated Casher’s behavior over the years rather than reporting his conduct because she was intimidated by his position of authority and feared losing her job. Harper asserted that she could not report the sexual harassment to her supervisor, Casher, since he was the perpetrator. The School District and Harper relate the rest of the exchange between Hopkins and Harper differently. According to the School District, Hopkins told Harper that Harper could “bypass” the school district’s sexual harassment reporting procedure, which required submission of forms, by sending Hopkins a written narrative detailing her complaint.

According to Harper, Hopkins told her she could “bypass” the grievance process due to the nature of her complaint. Hopkins also told Harper it would be “helpful” to Hopkins’ investigation to have some written documentation of Harper’s complaint. Harper believed that she had complied with the grievance process by orally complaining to Hopkins. Harper contends that Hopkins never instructed her to fill out the “Report of Violation of Title IX” form, nor to see a Title IX coordinator. Harper believed that Hopkins was acting as the Title IX coordinator and would file any appropriate forms pursuant to Harper’s oral complaint. Hopkins memorialized the telephone conversation in a memo dated February 21, 2001, writing:

I explained that you could bypass the grievance process given the nature of the complaint by providing me a written compilation and/or narrative regarding these instances. To date, I have not received this information. It would be helpful to have some documentation in pursuing your complaints.

Harper believed that the narrative requested by Hopkins was strictly for Hopkins’ own information. She did not provide the narrative to Hopkins. On February 12, 2001, Harper completed an intake questionnaire for the Equal Employment Opportunity Commission office in Jackson. She filed a charge and affidavit with the EEOC on March 21, 2001.

On March 29, 2001, JoAnne Nelson Shepherd, the School District Counsel, telephoned Callaway and left a message asking Harper to call her. Unbeknownst to Harper, Shepherd was the Title IX coordinator, as well. Harper believed *298 Shepherd only to be the School District’s attorney. She believed there would be a conflict of interest should Harper confide in Shepherd, and hence, Harper did not return Shepherd’s call.

In response to Harper’s allegations against Casher, the School District transferred Casher to another school and hired a new principal for the 2001-2002 school year. In October 2002, the School District transferred Harper from Callaway to Hardy Middle School. The School District explained to Harper that she was being transferred to better allocate teaching staff since Harper had the lowest number of students in her class compared to other teachers in her field. When Harper requested to be transferred back to Callaway when a teacher retired, leaving a position in Harper’s field open, the School District accommodated her request. Harper suffered no reduction of salary or benefits during her transfer.

In November 2002, Harper filed a complaint in the United States District Court for the Southern District of Mississippi under Title VII of the Civil Rights Act of 1964. Harper named two defendants, the School District and Casher, and asserted two claims: an allegation that Casher sexually harassed her while they were both employed at Callaway and an allegation that the School District retaliated against her for filing an EEOC charge regarding the alleged harassment by transferring her to teach at a middle school. She also maintains that she was denied the opportunity to act temporarily as an administrator while teaching at Callaway and was denied a promotion to assistant principal.

II. SUMMARY JUDGMENT STANDARD

When a district court grants summary judgment, this court reviews the determination de novo, employing the same standards as the district court. See Urbano v. Continental Airlines, Inc., 138 F.3d 204, 205 (5th Cir.1998). Summary judgment is appropriate when, viewing the evidence in the light most favorable to the nonmoving party, the record reflects that no genuine issue of material fact exists, and the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(c); Price v. Federal Exp. Corp., 283 F.3d 715, 719 (5th Cir.2002). Summary judgment is mandated where a party fails to establish the existence of an element essential to the case and on which the party has the burden of proof. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

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149 F. App'x 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-city-of-jackson-municipal-school-district-ca5-2005.