Keegan Gordon v. Traverse City Area Public Sch.

686 F. App'x 315
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 12, 2017
DocketCase 16-1613
StatusUnpublished
Cited by30 cases

This text of 686 F. App'x 315 (Keegan Gordon v. Traverse City Area Public Sch.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keegan Gordon v. Traverse City Area Public Sch., 686 F. App'x 315 (6th Cir. 2017).

Opinion

COOK, Circuit Judge.

As a sophomore at Traverse City West Senior High (TC West), Keegan Gordon was sexually assaulted by his teacher, Lisa Placek. In the months following, Keegan struggled socially and academically. He felt shunned by his friends and athletic coaches; his grades plummeted; he contemplated suicide. And in 2016, he filed this lawsuit blaming his school district, Traverse City Area Public Schools (TCAPS), for much of his decline. Relying on the Fourteenth Amendment’s Equal Protection Clause, Title IX, and Michigan state law, he charged school officials with retaliation and remaining deliberately indifferent to his claims of peer harassment. The district court granted summary judgment to TCAPS. Because no reasonable jury could find that TCAPS retaliated against Keegan or responded with deliberate indifference to his complaints of peer harassment, we affirm.

I.

(A) Factual Background

Lisa Placek, one of TC West’s most popular teachers, began grooming Keegan for sexual contact at the end of his freshman year. The two exchanged cell-phone numbers and texted each other increasingly explicit messages and photos over the next several months. On December 31, 2011, Placek picked Keegan up in her car and performed oral sex on him.

Keegan did not report Placek’s sexual assault to police. Instead, TCAPS began investigating after naked photos of Placek wound up on the internet. On January 20, 2012, the day after it discovered the photos, TCAPS questioned Placek, suspended her, and reported the incident to police. Placek resigned a few days later. In March, she pleaded guilty to assault with intent to commit sexual penetration and was sentenced to a minimum of 23 months in prison. Keegan cooperated with the police investigation.

Following Placek’s assault, Keegan claims he was harassed by peers, shunned by athletic coaches, and retaliated against by TC West administrators, all because Placek lost her job and ended up in jail. We detail the school’s response to the Pla-cek incident below in the light most favorable to Keegan, highlighting factual disputes where they arise.

(1) Suspensions and Bullying

TCAPS encouraged Keegan to stay home for a few days following Placek’s *317 suspension. Keegan and his mother, Kathryn Gordon, voiced no objection, and Keegan returned to classes several days later. Shortly after Placek’s removal, TC West Principal Joseph Tibaldi met with his three assistant principals to discuss the school’s response. He instructed them to “make sure Keegan’s teachers protected him,” to watch for “verbal or physical harassment,” and to report any bullying.

Around the same time, Kathryn reported to Tibaldi and Assistant Principal Stephanie Long that three of Keegan’s peers had posted hurtful comments on his Pace-book page. She supplied Tibaldi with their names and a list of students who “liked” the post. School officials verbally reprimanded the three posting students, and none bothered Keegan again. There’s no record of the school speaking to the students who “liked” the post.

In early February, TC West suspended Keegan and his friend for allegedly chewing tobacco in a school bathroom. This was their second offense': in early January, before the school learned of Placek’s assault, it caught the pair chewing together and suspended both. The parties dispute what happened the second time around.

According to Keegan’s baseball coach, he received a tip that Keegan and his friend were chewing tobacco "in adjacent bathroom stalls. The coach knocked on the stalls and waited 45 seconds before the boys exited. Suspicious, he asked the boys to smile, revealing tobacco bits in their teeth. He then reported them to Assistant Principal Charles Kolbusz, to whom Kee-gan’s friend admitted chewing. According to Kolbusz, Keegan denied chewing but confessed to possessing tobacco'. Both boys received five-day suspensions.

Although Keegan denies possessing or chewing tobacco, he admits telling Kolbusz he intended to chew. The school later granted Keegan’s appeal after it found that Kolbusz failed to collect a written statement from Keegan, in violation of school procedure.

Convinced that TC West had found her son guilty by association, Kathryn met with Principal Tibaldi to voice her frustration. Tibaldi, a seasoned school principal, believed it “common for many high school students to lie in an attempt to avoid discipline,” and said so to Kathryn. Not convinced, Kathryn requested that Tibaldi “ask [Assistant Principal] Stephanie Long ... [m]y son has always been honest with her.” In fact, Long’s impression of Keegan “was the opposite” because she “recalled Keegan lying on several occasions when accused of misconduct.” With the intention of speaking to Kathryn further, Tibaldi asked Long to document Keegan’s disciplinary history, resulting in what the parties refer to as the “Long Memo # 1.”

Keegan perceives a more nefarious motive. He believes Long packed the list with “false accusations” and “unconfirmed claim[s]” to impugn his credibility in the event Placek stood trial. 1 He also thinks TCAPS furnished the list to the prosecutors investigating Placek’s assault, relying on his own testimony that he’s “pretty sure it was brought up” in his conversations with them.

Keegan’s scholastic rap sheet continued to grow after his tobacco suspensions. In February, TC West suspended him for allegedly sharing a fellow student’s naked picture with his friends. The school investigated after the student’s friend hurled a chair at Keegan in the cafeteria. TC West interviewed multiple witnesses, and at least one implicated Keegan. In addition to *318 Keegan, the school suspended the chair-thrower and the students who viewed the photo. Keegan denies sharing the picture.

Sometime later, Keegan allegedly made sexually charged comments to a classmate and shined his phone’s flashlight in her eyes during class, prompting his teacher to move his desk and confiscate his phone. Keegan admits that he “had [his] phone on the desk or something,” but denies the rest.

Besides the chair-throwing incident, Keegan reported two other incidents of on-campus harassment. First, he reported a football captain for making a rude comment to him. His football coach reprimanded the player and asked the other captains to be friendlier to Keegan. Second, a TC West alumnus insulted Keegan while using TC West’s weight room. Principal Tibaldi threatened to bar the alumnus from campus if such behavior recurred.

(2) Shunning

Keegan’s social life suffered following the Placek incident. The “entire school” turned on him, “everybody hated him for it,” and “even his close friends shunned him.” Parents sent emails to TCAPS defending Placek and blaming Keegan. Needless to say, the community’s response took its toll on him. He developed severe anxiety and contemplated suicide.

Keegan also recalls feeling “neglected” by TC West’s athletic coaches and “not as important as [he] used to be.” Keegan’s friend testified that coaches considered him a “cancer.” Teachers “did not pay as much attention to [Keegan]” or “act [as] light-hearted with [him]” as they had in the past.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
686 F. App'x 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keegan-gordon-v-traverse-city-area-public-sch-ca6-2017.