Newton v. Ohio Department of Rehabilitation & Correction-Toledo Correctional Institution

496 F. App'x 558
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 23, 2012
DocketNo. 11-3681
StatusPublished
Cited by10 cases

This text of 496 F. App'x 558 (Newton v. Ohio Department of Rehabilitation & Correction-Toledo Correctional Institution) 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
Newton v. Ohio Department of Rehabilitation & Correction-Toledo Correctional Institution, 496 F. App'x 558 (6th Cir. 2012).

Opinion

CLAY, Circuit Judge.

Plaintiff Dayna Newton appeals the district court’s order granting summary judgment to Defendant Ohio Department of Rehabilitation and Correction-Toledo Correctional Institution (ODRC) in her suit alleging sexual harassment, hostile work environment, and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a) et seq.

For the reasons that follow we AFFIRM the judgment of the district court.

BACKGROUND

On July 24, 2000, Defendant hired Plaintiff as a correctional officer (C.O.) for their Lima Correction Institution. Plaintiff was transferred from the Lima facility to the Toledo Correctional Institution in March 2002 and volunteered for an assignment in the Delta 1 Control Room (control room). The control room is a secure, locked room surrounded by tinted glass. Plaintiff was responsible for observing two television screens that monitored the flow of inmate and staff traffic between the prison cells and the stairways; remotely locking and unlocking approximately twenty doors; monitoring radio traffic; testing “man down” alarms; controlling the playing of institutional movies for the inmates; and distributing batteries to the C.O.s on foot patrol for use in their radios.

A. Sexual Harassment Incident

Plaintiffs claims of sexual harassment are based on a February 19, 2009 incident involving Sergeant Kevin Logan (Logan). Plaintiff stated at her deposition that she was working in the control room when at approximately 11 a.m., Logan entered and spoke to Plaintiff about a situation with one of the inmates who was becoming very hostile and threatening to the other C.O.s and inmates. Logan asked Plaintiff for her opinion about where the inmate should be placed. During their conversation, Logan approached Plaintiff from behind and began to rub her shoulders and make a groaning noise for a few seconds.1 Plain[560]*560tiff was sitting -with her back towards Logan when she felt his hands first touch her shoulders and then move closer to her breast. Plaintiff stated that she looked over her shoulder, gave Logan “a look,” and he removed his hands. According to Plaintiff, Logan continued his discussion about the inmate and then walked around to the right side of Plaintiff, grabbed her hand, and “swiped it across his groin area, unzipped his pants, then turned [her] hand upwards and ejaculated in [her] hand.” Plaintiff stated that immediately after Logan ejaculated on her hand she heard the buzzer and let another C.O., Shannon Koc-sis (Kocsis), into the control room. After Kocsis entered, Logan left and Plaintiff went upstairs to the bathroom and placed his semen into a plastic bag. Plaintiff returned and let Kocsis out of the control room and then called her friend, Officer Candace Whitmore (Whitmore). Plaintiff stated that she told Whitmore that Logan ejaculated on her hands. Officer Whit-more encouraged Plaintiff to report the incident. Plaintiff then called Officer Dawn Schaber-Goa (Schaber-Goa), a master control officer and friend. Plaintiff told Officer Schaber-Goa about the incident with Logan. Officer Schaber-Goa advised Plaintiff to speak with a “lieutenant, or a white shirt, or a captain” and to contact Stacey Stidham (Stidham), the Ohio State Highway Patrol Trooper assigned to the Toledo facility. Plaintiff was unable to reach Stidham so she left a voicemail.

That same day, Plaintiff contacted the shift commander’s office to speak with her supervisor, Lieutenant Kimberly Henderson (Henderson). Plaintiff discussed the incident with Henderson and also showed Henderson the plastic bag that contained Logan’s semen. Henderson recommended that Plaintiff report the incident. Henderson also mentioned that Logan had a history of this type of conduct. Henderson relieved Plaintiff from her duties in the control room, and she went to the Warden’s administrative office to file an official incident report. On the incident report, Plaintiff indicated that the massage and conversation were consensual, but the groping of his penis was not consensual.

B. The ODRC Conducts an Internal Investigation of Plaintiff's Complaint

As a result of the incident report two separate investigations were initiated — one by the ODRC and the other by the Ohio State Highway Patrol. The ODRC began its investigation of Plaintiff’s complaint on the same day of the incident, February 19, 2009. During the course of the investigation, Plaintiff also spoke with Meredith Renna (Renna), the victim coordinator assigned to review Plaintiffs incident report. Renna advised Plaintiff of her victim’s rights and also referred her to the critical incident support team, which is a group that provides support to victims of harassment. Plaintiff elected to speak with a support team member, Cindy Terrazas, who was also the warden’s secretary. Ter-razas informed Plaintiff about various support programs, including the Employee Assistance Program, and they also discussed the incident involving Logan.

Warden Robert Welch (Welch) told Plaintiff that they were placing Logan on paid administrative leave. He also requested that Plaintiff take administrative leave and seek any additional help necessary. Plaintiff also received a form letter from ODRC’s human resources to confirm that she was on paid administrative leave pending the investigation. Welch assigned Sean Bowerman (Bowerman) to investigate the incident. Bowerman reviewed the incident report and also conducted in[561]*561terviews with Plaintiff, Logan, and others who had knowledge of the incident. During the course of the investigation, Bower-man discovered that the cameras in the control room were not working on the day of the incident. Bowerman concluded that the incident between Plaintiff and Logan was consensual, and submitted a report to Welch for his review on April 21, 2009.

After reviewing the report, the ODRC Labor Relations Officer, Jeff Richmond (Richmond) prepared a pre-disciplinary conference notice to Plaintiff on May 14, 2009. The notice advised Plaintiff that she violated Rules 37 and 49 of the ODRC Standards of Employee Conduct and that a hearing was scheduled for May 27, 2009. Plaintiff and her union representative attended the hearing. A Hearing Officer’s Report was issued on June 3, 2009, finding just cause to believe that Plaintiff violated ODRC’s policy by engaging in an inappropriate relationship while on the work premises.

Welch reviewed the reports prepared by Investigator Bowerman and Officer Richmond. After reviewing the documents, Welch concluded that Plaintiff and Logan’s conduct was in violation of ODRC’s Standards of Employee Conduct and both were subsequently terminated from their respective positions on June 25, 2009. Logan accepted ODRC’s offer to convert his removal to a resignation. Plaintiff filed a grievance, which went to arbitration on November 30, 2009. The arbitrator determined that ODRC presented clear and convincing evidence that Plaintiff and Logan engaged in a consensual act and there was sufficient just cause for Plaintiffs removal.

C. Ohio State Highway Patrol Conducts an Independent Investigation into Plaintiff’s Allegations

In addition to the ODRC’s internal investigation, the Ohio State Highway Patrol also conducted a review of Plaintiffs complaint. At approximately noon on February 19, 2009, Bowerman notified Stidham about the incident involving Plaintiff and Logan.

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496 F. App'x 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newton-v-ohio-department-of-rehabilitation-correction-toledo-ca6-2012.