Kwon v. University of Vermont & State Agricultural College

912 F. Supp. 2d 135, 2012 WL 6093799, 2012 U.S. Dist. LEXIS 173657, 116 Fair Empl. Prac. Cas. (BNA) 1331
CourtDistrict Court, D. Vermont
DecidedDecember 7, 2012
DocketNo. 2:11-cv-193
StatusPublished
Cited by2 cases

This text of 912 F. Supp. 2d 135 (Kwon v. University of Vermont & State Agricultural College) is published on Counsel Stack Legal Research, covering District Court, D. Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kwon v. University of Vermont & State Agricultural College, 912 F. Supp. 2d 135, 2012 WL 6093799, 2012 U.S. Dist. LEXIS 173657, 116 Fair Empl. Prac. Cas. (BNA) 1331 (D. Vt. 2012).

Opinion

OPINION AND ORDER

WILLIAM K. SESSIONS III, District Judge.

Plaintiff, Dr. Mikyung P. Kwon, brings this suit against her former employer, the [138]*138University of Vermont and the State Agricultural College (“UVM” or “the University”). Kwon alleges that UVM discriminated against her on the basis of age, race, national origin, and place of birth1 in violation of 42 U.S.C. § 2000e et seq., 29 U.S.C. § 621 et seq., and the Vermont Fair Employment Practices Act, 21 Vt. Stat. § 495. Kwon further alleges that UVM created a hostile work environment and intentionally caused her emotional distress. UVM now moves for summary judgment on all claims. For the following reasons, the University’s motion is denied in part and granted in part.

I. FACTUAL BACKGROUND

The following facts are presented in the light most favorable to Kwon as the non-moving party. In 1999, Kwon began working in the University’s Continuing Education Department. That same year, the Department hired two other women: Cynthia Belliveau and Carroll Vallett. Belliveau began as Associate Dean of Professional Programs and Vallett began as the Academic Programs Manager. In 2002, Vallett and Belliveau became Interim Co-Directors of the Continuing Education Department. They held that position jointly until 2007, when they became Co-Deans of the Continuing Education Department.

Around 2005, Kwon began to feel that she was being treated differently than other staff within the Continuing Education Department. (Kwon Deposition, ECF No. 37-11, at 31). For instance, she relates that most staff members attended at 'least one national or regional conference annually; many staff attended without making presentations. In 2005, .the Department refused to allow Kwon to attend a national conference without making a presentation. (ECF No. 37-11, at 31; Kwon’s Discovery Answers, ECF No. 37-2, at 10).

According to Kwon, the disparate treatment continued and escalated following a landlord-tenant dispute between Kwon and six tenant-students in 2006. The dispute arose when Kwon and her husband attempted to evict the students from apartments they owned. A hearing was held in March 2006. At the hearing, one of the tenant-students referred to Kwon as a “notorious slumlord,” and during the hearing three of the students’ fathers — all out-of-state attorneys — accused Kwon of using confidential information against their children. (Belliveau Deposition, ECF No. 34-6, at 86). Belliveau’s son, who was in a relationship with one of the students Kwon sued, attended the hearing with some of his friends. He and his friends informed Belliveau of both the term and the attorneys’ accusations. (Vallett Deposition, ECF 34-5, at 113-114; ECF No. 34-6, at 86). Belliveau repeated the term “notorious slumlord” to Vallett. (Vallett Deposition, ECF No. 37-6, at 113; Belliveau Deposition, ECF No. 37-9, at 101-102).

Belliveau convened a meeting to determine whether Kwon had used confidential information against students. Without giving her prior notice, Belliveau went to Kwon’s office on March 13, 2006, interrupted a meeting between Kwon and a student, and requested Kwon to report to the office as soon as the meeting was over. (ECF No. 37-2, ¶ 14). Waiting in Belliveau’s office were members of the Management Team and Belliveau’s son. (Id.). Belliveau raised the concern that Kwon had used confidential student information. She also asked Kwon about the number of [139]*139rental properties and the rate charged. Kwon responded that she had done nothing wrong and that she had only referred to the UVM Directory. (Id.). It was later determined that information in the UVM Directory did not constitute confidential information.,

Following the March 13, 2006 meeting, one of Kwon’s supervisors, Beth Taylor-Nolan, held performance assessments. Belliveau attended Kwon’s performance assessment, as she did others. During the meeting, Belliveau again raised the lawsuit and the allegations that Kwon had used confidential information. Kwon again denied using confidential information in relation to the lawsuit. The parties dispute whether Kwon was placed on probation following the performance assessment. (Taylor-Nolan Deposition, ECF No. 34-7, at 68-69, 112-13, 163-65; ECF No. 37-2, at 10, ¶ 22).

Following the 2006 meetings, Kwon felt that Belliveau began to isolate her at work. Kwon stated that Belliveau routinely faded to invite Kwon to both ad-hoc and scheduled meetings. (ECF No. 37-2, at 5,- ¶ 4). When Kwon attended meetings, Belliveau ignored her presence and disregarded her responses to questions Belliveau raised. (Id. at 6, ¶ 8). Kwon also reported that Belliveau ignored her when they passed in the halls, the parking lot, and at a 2007 Christmas party at Belliveau’s home. (Id. at 4-5, ¶¶ 1, 2, 4).

Belliveau’s form of treatment of Kwon spread to other managers within the Department. For instance, Kwon compiled and sent data reports on the GAP Program to Belliveau, Vallett and Nolan. (Id. at 9, ¶¶ 16, 17). When Kwon asked Belliveau whether she had been receiving the reports, Belliveau stated that she had but that the reports contained too much data. (Id.). Kwon continued sending the reports until she was terminated. Towards the end of her time at UVM, neither Vallett, Belliveau, nor Nolan responded to the data Kwon prepared. (Id.).

According to Kwon, every time there was a reorganization, her role became smaller. (ECF No. 37-11, at 174). The Continuing Education Department was organized into teams, and all of the advisors in the Department were on two or more teams, except for Kwon. (ECF No. 37-2, at 9, ¶ 19). In her role on the Global Team, Kwon was instrumental in bringing 'a group of Pakistani students to the University. (Id.). Nolan assigned Kwon to a position on the Global Team that included a trip to Washington, DC. (Id. at 6, ¶ 7). Despite Kwon’s expressed desire to remain on the Team and before she could go on the trip, Belliveau removed Kwon from the Global Team. (Id. at 6-7, ¶¶7, 9). Kwon was moved to the Online Team, but was not invited to meetings. (Id. at 9, ¶ 20). When she attempted to join the Environmental Team, she was rebuffed by the managers in the Department. (Id. at 9, ¶ 19).

Around August 2008, UVM experienced financial difficulties. In response to a budget shortfall, the University requested the Continuing Education Department to reduce its annual budget by $500,000.00. (ECF No. 34-6, at 45-46). Because Belliveau was on administrative leave during the 2008-2009 academic year, Vallett took the lead in developing a plan to cut the Department’s budget. (ECF No. 34-5, at 84). However, Bellivead was involved in drafting the plan. While Belliveau did not create a list of names or positions to be eliminated, she and Vallett discussed the planned cuts in a few face-to-face meetings and several telephone calls. (ECF No. 34-6, at -70-71, 74). They discussed Kwon’s position at some point during their conversations, and Belliveau described the personnel cuts as a joint decision. (Id.).

[140]*140The result of Vallett’s and Belliveau’s conversation was the January 2009 Reorganization Plan.

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912 F. Supp. 2d 135, 2012 WL 6093799, 2012 U.S. Dist. LEXIS 173657, 116 Fair Empl. Prac. Cas. (BNA) 1331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kwon-v-university-of-vermont-state-agricultural-college-vtd-2012.