Jennings v. University of North Carolina

482 F.3d 686, 2007 WL 1040592
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 9, 2007
Docket04-2447
StatusPublished
Cited by32 cases

This text of 482 F.3d 686 (Jennings v. University of North Carolina) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jennings v. University of North Carolina, 482 F.3d 686, 2007 WL 1040592 (4th Cir. 2007).

Opinions

Affirmed in part, vacated in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Chief Judge WILKINS, Judge MOTZ, Judge TRAXLER, Judge KING, Judge GREGORY, Judge SHEDD, and Judge DUNCAN joined. Judge GREGORY wrote a separate concurring opinion, in [691]*691which Judge MOTZ joined. Judge NIEMEYER wrote a dissenting opinion, in which Judge WILLIAMS joined.

Judge WIDENER and Judge WILKINSON, being disqualified, did not participate in this case.

OPINION

MICHAEL, Circuit Judge.

Melissa Jennings, a former student and soccer player at the University of North Carolina at Chapel Hill (UNC or the University), claims that her coach, Anson Dor-rance, persistently and openly pried into and discussed the sex lives of his players and made sexually charged comments, thereby creating a hostile environment in the women’s soccer program. Jennings sued UNC, Dorrance, Susan Ehringhaus (Assistant to the Chancellor and legal counsel to UNC), and several other individuals associated with the University, alleging violations of Title IX of the Educational Amendments of 1972 (20 U.S.C. § 1681 et seq.), 42 U.S.C. § 1983, and the common law. The district court awarded summary judgment to the defendants. After considering Jennings’s appeal en banc, we vacate the summary judgment on her Title IX claim, her § 1983 claim against Dorrance for sexual harassment, and her § 1983 claim against Ehringhaus for sexual harassment based on supervisory liability. The summary judgment on the remaining claims and minor procedural rulings are affirmed.

I.

Because Jennings was the non-movant in the summary judgment proceedings, we recite the facts, with reasonable inferences drawn, in her favor. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). UNC has the country’s most successful women’s soccer program at the college level. The UNC team, with Dorrance as head coach, has won the most national championships in the history of the sport. In light of this record, young women soccer players with exceptional talent covet the opportunity to play on Dorrance’s team. Dorrance personally recruited Jennings while she was in high school, and she joined the UNC team at the start of her freshman year in August 1996. Jennings was one of four goalkeepers until Dorrance cut her from the team in May 1998, at the end of her sophomore year. Jennings was seventeen when she started playing for Dorrance, and he was forty-five.

Once Jennings became a member of the UNC team, she was distressed to learn that Dorrance engaged in sexually charged talk in team settings. Dorrance bombarded players with crude questions and comments about their sexual activities and made comments about players’ bodies that portrayed them as sexual objects. In addition, Dorrance expressed (once within earshot of Jennings) his sexual fantasies about certain players, and he made, in plain view, inappropriate advances to another. This behavior on Dorrance’s part occurred on a regular basis, particularly during team warm-up time at the beginning of practice. The sex-focused talk that Dorrance initiated or encouraged occurred at other times as well, or, as one player put it, “anytime the team was together,” whether “on a plane, in a car, or on a bus, in a hotel, at practice, out of town, at events.” J.A. 1066. Dorrance subjected Jennings or her teammates to sexually charged inquiries and comments in the following particulars.

In front of the entire team, Dorrance asked one player nearly every day “who [her] fuck of the minute is, fuck of the hour is, fuck of the week [is],” whether there was a “guy [she] ha[dn’t] fucked yet,” or whether she “got the guys’ names as they came to the door or ... just took a number.” J.A. 1237-38, 1261-62. He [692]*692asked a second player if she was “going to have sex with the entire lacrosse team,” and advised a third, “[Y]ou just have to keep your knees together ... you can’t make it so easy for them.” J.A. 1127. Dorrance frequently focused on a fourth player’s sex life with questions such as whether she was going to have a “shag fest” when her boyfriend visited and whether she was “going to fuck him and leave him.” J.A. 1238, 1248. The coach “direet[ed] inquiries]” to a fifth player about the size of her boyfriend’s genitalia. J.A. 1452.

During practice Dorrance regularly commented on certain players’ bodies, referring to their “nice legs,” “nice rack[s],” breasts “bouncing,” “asses in spandex,” and “top heaviness].” J.A. 393, 1073, 1229, 1236. Dorrance also called a player “Chuck” (her name was Charlotte) because he believed that she was a lesbian. J.A. 1228. He inquired pointedly in her presence about her sexual orientation, asking “[D]oes she not like the guys?” J.A. 1283.

Dorrance disclosed his sexual fantasies about several players. He told one player, Debbie Keller, that he would “die to be a fly on the wall” the first time her roommate, another team member, had sex. J.A. 1068. Dorrance admitted to Keller the reason for his fascination about how her roommate might react during sex: he believed the young woman “was a very sexual person by nature,” yet she was a virgin who was “fighting her inner self’ because she was “so religious” (a born-again Christian). J.A. 1070. Another incident in this category occurred during a water break at practice, when Jennings overheard Dorrance tell a trainer that he fantasized about having “an Asian threesome” (group sex) with his Asian players. J.A. 1284-85.

Dorrance did not limit himself to inappropriate speech. He showed overt affection — affection of the sort that was not welcomed- — for one player, Keller, in front of the entire team. He paid inordinate attention to Keller, frequently brushing her forehead, hugging her, rubbing her back, whispering in her ear, dangling a hand in front of her chest, or touching her stomach. Dorrance took other undue liberties with respect to Keller. For example, during one weight-lifting session when the players were lightly clad, Dorrance called Keller over to him and walked her outside “towards the stadium, putting his arms around her.” J.A. 1432. Also, one evening Dorrance telephoned for Keller at home, and one of her roommates (not a soccer player) told him that Keller was out with her boyfriend. Dorrance retorted, “What is she doing, out having sex all over Franklin Street?” J.A. 1073. Dorrance told Keller that he “couldn’t hide his affection for [her]” and said that “in a lifetime you should be as intimate with as many people as you can.” J.A. 1011.

Jennings listened as Dorrance focused on the sex life of one player after another.1 [693]*693Jennings sought desperately to avoid Dor-rance’s questions and ridicule about her personal life. She therefore tried to “stay out of [his] radar” by not participating in the discussions. J.A. 1242. She was targeted nevertheless. During a fall tournament in California at the end of Jennings’s freshman season, Dorrance held one-on-one meetings with players in his hotel room to assess their performance for the season. Dorrance told Jennings that she was in danger of losing her eligibility to play soccer if her grades did not improve. In the midst of this discussion, Dorrance asked Jennings, “Who are you fucking?” J.A. 1330.

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Cite This Page — Counsel Stack

Bluebook (online)
482 F.3d 686, 2007 WL 1040592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennings-v-university-of-north-carolina-ca4-2007.