Mollaghan v. Varnell

105 So. 3d 291, 34 I.E.R. Cas. (BNA) 874, 2012 WL 5936010, 2012 Miss. LEXIS 548, 116 Fair Empl. Prac. Cas. (BNA) 631
CourtMississippi Supreme Court
DecidedNovember 1, 2012
DocketNo. 2010-CA-02005-SCT
StatusPublished
Cited by7 cases

This text of 105 So. 3d 291 (Mollaghan v. Varnell) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mollaghan v. Varnell, 105 So. 3d 291, 34 I.E.R. Cas. (BNA) 874, 2012 WL 5936010, 2012 Miss. LEXIS 548, 116 Fair Empl. Prac. Cas. (BNA) 631 (Mich. 2012).

Opinion

LAMAR, Justice,

for the Court:

¶ 1. In this sexual-harassment, due-process, gender-discrimination, and retaliation ease, we must decide whether the Circuit Court of Forrest County, Mississippi, properly ruled on a motion for judgment notwithstanding the verdict (JNOV). We find that the circuit court properly granted JNOV on the due-process, gender-discrimination, and retaliation claims, but improperly denied JNOV on the sexual-harassment claims. Therefore, we affirm in part, and reverse and render in part.

FACTS AND PROCEDURAL HISTORY

¶ 2. During the time period between July 1, 1999, and June 30, 2000, John Vincent and John Mollaghan were employed by the University of Southern Mississippi (“USM”) as coaches for the women’s soccer team under one-year contracts. Vincent and Mollaghan had been employed as the head coach and assistant coach since 1997 and 1998, respectively; however, their employment contracts had always been for one-year terms and previously had been renewed at the conclusion of the contractual time period. Both Vincent’s and Mollaghan’s contracts stated that USM reserved the right to transfer, reassign, or change the duties of the employee during the term of the contract. Ged O’Connor was the graduate assistant coach for the women’s soccer team during the 1999-2000 time period and did not have an employment contract with USM.

¶ 3. In 1999, Sonya Varnell and Richard Giannini became the senior women’s administrator for women’s sports and the USM athletic director, respectively. Vincent, Mollaghan, and O’Connor argue that Varnell and Giannini immediately made clear they preferred women to coach women’s sports, and Giannini testified that he did feel that women should coach women’s sports if women’s sports were ever to be at the same level as men’s sports. Vincent, Mollaghan, and O’Connor argue that Var-nell and Giannini immediately began to engage in conduct designed to undermine the coaches’ authority and ability to coach the soccer team. Among other complaints, they argue Varnell improperly accompanied the team to road games, became too friendly with the team members, and took control of scholarship decisions in an effort to show she had final say over the program and to undermine Vincent’s authority in the eyes of the players. They argue this conduct was designed to effectuate their removal so they could be replaced with female coaches.

¶ 4. Varnell testified that she normally traveled with the teams to their conference tournaments, but in 1999, she decided to accompany the team to a regular-season game because she was not sure the worn-[297]*297en’s soccer team would qualify for their tournament. In late October, Varnell accompanied the team to regular-season games in Chicago, Illinois. O’Connor alleged that he was subjected to sexual harassment by Varnell on the trip. Specifically, O’Connor testified that he was in charge of obtaining Subway sandwiches for the team prior to leaving for Chicago; however, he was unable to take Varnell’s order and subsequently did not get her a sandwich. O’Connor testified that, when he boarded the bus with the sandwiches, he told Varnell that he did not get her a sandwich, but would be glad to give her six inches of his footlong. According to O’Connor, Varnell then said “You’re so nasty, you’re so nasty.” Varnell testified that after O’Connor offered her six inches of his sandwich, Vincent stated, “I didn’t know you had six inches to give her, mate,” to which she replied, ‘You know that’s not what he meant.”

¶ 5. Ultimately, the soccer team did qualify for their conference tournament in 1999. In early November 1999, Varnell accompanied the team to the tournament in Milwaukee, Wisconsin. O’Connor alleged that he was sexually harassed by Varnell on that trip as well. Specifically, O’Connor testified that Varnell touched his arm and offered him the extra bed in her room several times after the team arrived at their hotel in Milwaukee. O’Connor testified he took that to mean Varnell was ordering him to sleep in her room and implying that she wanted to have sex with him. However, it is undisputed that Var-nell offered O’Connor her extra bed after overhearing Vincent and Mollaghan teasing O’Connor for having to share a hotel room with a man they perceived to be homosexual and after O’Connor had asked to sleep in Vincent and Mollaghan’s room. O’Connor further testified that he was not bothered by Vincent and Mollaghan’s comments because they were friends, but that Varnell’s offer of her extra bed made him uncomfortable because they did not have a close relationship. It is undisputed that Varnell did not offer O’Connor her bed and did not directly proposition him for sex. The “Subway-sandwich incident” and the “hotel-room incident” are the only two instances of sexual harassment of which O’Connor complains.

¶ 6. It is undisputed that Varnell became aware that several team members had complaints regarding the coaching staff during her trips with the team. Varnell testified that Vincent had informed her previously to expect some complaints because some upperclassmen were upset about their playing time being cut in favor of younger players. Varnell testified that, on the way home from the conference tournament, Vincent, Mollaghan, and Varnell agreed that she would interview the players individually once they returned to USM and try to sort out the problem. These interviews took place in mid-November.

¶ 7. After interviewing the players, Var-nell received a letter signed by the majority of the soccer team members outlining problems they perceived with the women’s soccer program and coaches; Varnell also received several letters complaining about the program from players’ parents. Additionally, several players threatened to leave the team. Varnell testified that the complaints amounted to much more than disputes over playing time, and that she was shocked by some of the allegations.

¶8. After completing the interviews, Varnell prepared a summary of what had transpired leading up to the student interviews and in the interviews themselves, which she distributed to Giannini, Vincent, Mollaghan, and the student athletes. Vincent testified he received a copy of this summary, as well as copies of all letters [298]*298received from the students and the students’ parents, in November, and that he was aware of the allegations against him. Around the same time as receiving the summary and letters, Vincent reported Varnell’s alleged sexual harassment of O’Connor.1

¶ 9. After Vincent received the material regarding the students’ complaints, Vincent met with Giannini and Varnell to discuss the complaints. A second meeting was held in December to address the students’ concerns regarding Vincent’s conduct, at which the soccer team, Varnell, Giannini, Mollaghan, O’Connor, Vincent, his wife, and his child were present. The second meeting was not productive, and in mid-December, Vincent was reassigned, as his contract allowed, to a teaching position at USM. Varnell and Giannini testified that Vincent was reassigned because they felt the program had been compromised and Vincent had lost his ability to lead the team. On December 22, 1999, Vincent filed a grievance alleging that Varnell improperly had interfered with the soccer program and that Giannini had reassigned him without a hearing. Vincent never received a hearing on his grievance. Vincent remained in a teaching position until his contract expired on June 30, 2000, and his contract was not renewed.

¶ 10. After Vincent was reassigned in December 1999, Mollaghan was promoted to interim head coach.

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Bluebook (online)
105 So. 3d 291, 34 I.E.R. Cas. (BNA) 874, 2012 WL 5936010, 2012 Miss. LEXIS 548, 116 Fair Empl. Prac. Cas. (BNA) 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mollaghan-v-varnell-miss-2012.