Holleman v. Colonial Heights School Board

854 F. Supp. 2d 344, 2012 WL 603201, 2012 U.S. Dist. LEXIS 23325
CourtDistrict Court, E.D. Virginia
DecidedFebruary 23, 2012
DocketAction No. 3:11-CV-414
StatusPublished
Cited by9 cases

This text of 854 F. Supp. 2d 344 (Holleman v. Colonial Heights School Board) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holleman v. Colonial Heights School Board, 854 F. Supp. 2d 344, 2012 WL 603201, 2012 U.S. Dist. LEXIS 23325 (E.D. Va. 2012).

Opinion

MEMORANDUM OPINION

JAMES R. SPENCER, District Judge.

THIS MATTER is before the Court on Defendant Colonial Heights School Board’s Motion for Summary Judgment. (Doc. No. 14.) For the reasons stated below, the Court GRANTS the Motion.

I. BACKGROUND

This case concerns Nancy Holleman (“Holleman”) and Judy Wells’s (‘Wells”) (collectively “Plaintiffs”) claims under Title VII of the Civil Rights Act of 1964 for hostile work environment gender discrimination and unlawful retaliation.1 Holleman, who taught kindergarten, and Wells, employed as a paraprofessional, worked at North Elementary School (“North”) in the City of Colonial Heights, Virginia. Their claims against the Colonial Heights School Board (“School Board”) relate to allegations against the man who was principal of the school during the 2006-2007 school year, Thomas Pond (“Pond”).

The School Board hired Pond as North’s principal in 2006 upon the retirement of North’s previous principal, Bruce Seamster. Seamster’s management style has been characterized as laid back and laissez-faire. Colonial Heights Public Schools Superintendent Dr. Joseph O. Cox, Jr. (“Cox”) thought Seamster ran North more loosely in his final two years, focusing more on his transition into retirement rather than on engaging in efforts to improve the school. Cox wanted Seamster’s replacement to run North in a tighter manner and hold employees more accountable, and he hired Pond with this in mind.

It is fair to say that Pond did just that. Pond was more direct and assertive in his manner, more demanding of school employees, and strict and stern. Early on in his tenure, he gave a PowerPoint presentation to faculty, staff, and students outlining the changes he would implement at North. If teachers or staff questioned Pond’s authority or expressed displeasure with the way he was running the school, he would tell them they could leave or resign. Indeed, Pond made statements such as, “I am the boss here, not you,” “If you don’t like it, hand in your resignation,” “You will do what I say,” and “You have no say in this situation.” Unsurprisingly, certain employees were displeased with Pond and the new manner in which he ran North.

During the 2006-2007 school year, North had 44 employees, including Pond. Five employees, again including Pond, were men. Only two of the four male employees besides Pond were teachers; the other two were custodians. The remaining 39 employees were women.

A group of six female teachers and professionals that included Holleman and Michelle Petet (“Petet”) began meeting to discuss their frustrations with, among other things, the atmosphere at North and [348]*348the way they perceived Pond treated them. They felt Pond intimidated them, that he was loud and yelled at teachers, and that he was a micromanager. In these meetings, no one contended that Pond ever made offensive comments about women.

This same group, and in addition Wells, later began meeting with School Board member Joe Green in order to seek his advice and help in dealing with their issues. In their discussions with Green, the group members essentially reiterated the concerns they had already discussed among themselves. During the group’s initial meeting with Green on February 5, 2007, Wells reported an incident where Pond grabbed her by the arms in the cafeteria in front of students and teachers. Holleman claims she told Green in this initial meeting that Pond treated women differently than men, but the other women in the group, and Green, deny that any of the women, including Holleman, told Green they were treated differently because they were women.2 Green encouraged the group members to bring their complaints to Cox. Holleman and Wells continued to communicate with Green during a period from February to June 2007 by telephone and email. None of the emails complain that Pond treated anyone, including Plaintiffs, differently based on gender. Moreover, Green confirms that “gender was never an issue in ... any of the [group members’] complaints.” (Green Dep. 149.)

Group members met with two other School Board members to further discuss their concerns. On February 21, 2007, the group (with the exception of Wells, to the best of Petet’s recollection (see Petet Dep. 32-33)) met with School Board member Sandra Coleman, and on February 23, Holleman and Jeanette Suttenfield met with School Board member Cindy Shortlidge. On each occasion, the group members renewed their complaints about Pond. With respect to these meetings, Holleman alone claims that she complained Pond treated group members badly because they were women. As with the meeting and interactions with Green, no other person recalls anyone stating that Pond treated them badly because they were women.

On February 28, 2007, Wells told Cox about the arm-grabbing incident described above, and on March 7, Wells filed with Cox a formal grievance about the incident. In the grievance, Wells states that Pond gripped both of her arms in front of other faculty and students in the cafeteria, while questioning her loudly and in a harsh and demeaning manner as to whether she knew the student she was reprimanding had a medical condition. Wells said she was scared of the situation and suffered emotional distress as a direct result of Pond’s actions. Wells also clarified, however, that she did not feel the physical contact with Pond was sexual in nature.

On March 9, 2007, the group, and in addition Green, met with Cox to discuss their concerns about Pond. They again reiterated the concerns they had brought up among themselves and with the School Board members. Wells recounted the arm-grabbing incident. Furthermore, Petet described physical contact she experienced with Pond on one occasion: Petet told Cox that Pond had rubbed her back while she was in the school’s main office. [349]*349After listening to what the group members had to say, Cox told the group members to put their complaints in writing. During this March 9 meeting, no group member mentioned they felt Pond mistreated them because of their gender.

Having been directed to file their misgivings in writing, the group — with the exception of Wells — on March 16, 2007, signed and tendered to Cox a 21-page grievance (“group grievance”). The document is organized into some seven sections, each section containing subheadings devoted to general complaints by the group and individualized complaints of particular group members.3 Broadly, the relevant issues addressed in the group grievance are complaints about how Pond treated group members personally, how he managed North, and complaints of inappropriate physical contact (labeled in the group grievance as “Sexual Harrassment and Inappropriate Physical Contact”). Some of the more general complaints registered concerned Pond’s intimidation, arrogant attitude, and various “anger management issues.” In describing in writing Pond’s physical contact with her in the main office of the school, Petet specifically noted that she “[hjonestly d[id] not feel that Mr. Pond’s actions were meant in a sexual or aggressive way.” (Def.’s Ex. 21, at PL0438.)

After receiving and reviewing Wells’s March 7 grievance concerning the cafeteria arm-grabbing incident and the March 16 group grievance, Cox discussed the complaints with Pond, and came to North on March 27 and 28 to conduct interviews with faculty and staff. Cox prepared summaries of the employees’ responses to seven categories of questions.

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854 F. Supp. 2d 344, 2012 WL 603201, 2012 U.S. Dist. LEXIS 23325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holleman-v-colonial-heights-school-board-vaed-2012.