Raadschelders v. Columbus State Cmty. Coll.

377 F. Supp. 3d 844
CourtDistrict Court, S.D. Ohio
DecidedMay 2, 2019
DocketCase No. 2:17-cv-450
StatusPublished
Cited by8 cases

This text of 377 F. Supp. 3d 844 (Raadschelders v. Columbus State Cmty. Coll.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raadschelders v. Columbus State Cmty. Coll., 377 F. Supp. 3d 844 (S.D. Ohio 2019).

Opinion

EDMUND A. SARGUS, JR., CHIEF UNITED STATES DISTRICT JUDGE

This matter is before the Court on Defendant Columbus State Community College's ("Columbus State") Motion for Summary Judgment (ECF No. 46 ), Plaintiff Dr. Julie Raadschelders' ("Dr. Raadschelders") Memorandum in Opposition (ECF No. 49 ), and Columbus State's Reply (ECF No. 50 ). For the reasons below, the Court GRANTS in PART and DENIES in PART Columbus State's Motion for Summary Judgment. (ECF No. 46 ).

I.

A. Factual Background

Columbus State is a large community college with three divisions: Arts & Sciences. Business & Engineering Technology, and Health & Human Services. Cooley Dep. Tr. at 12 (ECF No. 39-1 ). Each division has a dean, who reports to Senior Vice President of Academic Affairs Jack Cooley ("Vice President Cooley"). Id. Columbus State's Arts & Sciences division offers associate degrees designed to transfer to *848four-year institutions. Id. at 15. Business & Engineering and Health & Human Services offer career-based training designed to prepare graduates for immediate employment; therefore, most courses offered in these divisions do not transfer to other institutions. Id. at 16.

On January 1, 2012, Columbus State hired Dr. Amy Ng ("Dr. Ng") as an instructor in the Health & Human Services' Criminal Justice Department. Ng Dep. Tr. at 10, 24 (ECF No. 44 ). Of the four professors in the Criminal Justice Department, Dr. Ng was the only female. Id. at 24-25. Dr. Ng alleges that, during her first semester, two of the three other Criminal Justice Department professors began harassing and discriminating against her. Id. at 28.

By February of 2014, Dr. Ng was unhappy with her work environment and so she emailed Vice President Cooley to express interest in transferring from the Health & Human Services' Criminal Justice Department to the Arts & Sciences' Social Sciences Department. Id. at 37-38. Throughout the 2014 Spring semester, the Chair of the Social Sciences Department at that time, Rebecca Mobley ("Chairwoman Mobley"), communicated with Dr. Ng about transferring to the Social Sciences Department. Id. at 38-39. On May 8, 2014, Chairwoman Mobley advised Vice President Cooley and Lisa Schneider, Interim Dean of Arts & Sciences ("Dean Schneider"), as follows:

I just had a conversation with [Dr. Ng], and she expressed that the situation in her department has deteriorated significantly. Given that Don Ricker's contract will end at the end of this term, we would like to seriously push to have [Dr. Ng] moved to our department ASAP. As you know Don taught the bulk of our criminology courses, and given Amy's area of expertise she would be able to assume these courses while a plan is developed to create 2+2 plans of study for students wishing to go into Criminal Justice/Criminology. Our department is fully supportive of her move. Is it possible that this could be seriously investigated over the summer with a hope that she could be relocated by Autumn, if appropriate?

Cooley Dep., Ex. 3 at 1-2. Dean Schneider responded that some of those professors in the Criminal Justice Department who allegedly harassed Dr. Ng wanted to keep those courses in the Criminal Justice Department. Schneider Dep., Ex. 3 (ECF No. 40 ). Referring to those professors, Vice President Cooley replied that he had "zero interest in protecting the convenience of faculty who put the college at risk due to their behavior."Id. ; Ng Dep., Ex. 10 at 4. Vice President Cooley then emailed Dean Schneider individually, as follows:

I want to move forward on this .... I am not overly concerned about the police faculty having courses for their convenience. They made their bed. This is not to say that we shouldn't be concerned that the college makes all necessary courses available to that program.... I'm just not concerned that [the Criminology courses] be located in [the Criminal Justice Department]. It's a cause and effect world.

Schneider Dep., Ex. 3.

In May of 2014, after obtaining the consent of the Social Sciences Department faculty, Vice President Cooley approved Dr. Ng's transfer from the Criminal Justice Department to the Social Sciences Department. Cooley Dep. Tr. at 53-55, Ex. 3-5; Schneider Dep. Tr. at 62-63. By the time the Social Sciences Department approved Dr. Ng's transfer, she had developed three other courses in the Criminal Justice Department. Ng Dep. Tr. at 63-64. Vice President Cooley testified that, according *849to the terms of the transfer, Dr. Ng would have a "teach out" period in the Criminal Justice Department and then begin teaching the Criminology courses exclusively through the Social Sciences Department. Cooley Dep. Tr. at 65, Ex. 3-5. Dr. Ng testified that Dean Schneider ensured Dr. Ng that she would have enough courses to teach during Dr. Ng's interim "teach out" period, after which Dr. Ng's courses in the Criminal Justice Department would transfer to the Social Sciences Department. Ng Dep. Tr. at 63-64. The terms of Dr. Ng's transfer were never memorialized in writing. Id. at 68. Dr. Ng testifies that the terms were "all discussion-based." Id.

In June of 2014, Columbus State hired Dr. Allysen Todd ("Dean Todd") as the Dean of its Arts & Sciences division. Todd Dep. Tr. at 15 (ECF No. 44 ). On October 1, 2014, Dr. Raadschelders replaced Chairwoman Mobley as the Chair of the Social Sciences Department. Id. at 44; Pl.'s Dep. Tr. at 11-13, Ex. B (ECF No. 42 ). As Chair of the Social Sciences Department, Dr. Raadschelders reported directly to Dean Todd. Schneider Dep. Tr. at 15; Todd Dep. Tr. at 15. Dean Todd reported directly to Vice President Cooley. Id. at 15. Dr. Raadschelders was responsible for: leading the Social Sciences Department in curriculum planning and assessment; facilitating hiring; conducting performance evaluations; overseeing professional development of staff and faculty; managing department resources, including the budget, scheduling, and staffing of classes; and resolving student complaints and personnel issues. Pl.'s Dep. Tr., Ex. D at 2.

On August 6, 2014, Dr. Ng filed an internal sex discrimination and retaliation complaint against Scott Wagner, a former police officer and instructor in the Criminal Justice Department.1 Ng Dep. Tr. at V.2, Ex. 2. On August 8, 2014, Dr. Ng transferred to the Social Sciences Department. Ng Dep., Ex. 3. Upon transferring to the Social Sciences Department, Dr. Ng was the most junior faculty member. Cooley Dep. Tr. at 87-88; Schneider Dep. Tr. at 149; Ng Dep. Tr. at 22-26, Ex. E. The Social Sciences Department's faculty used a seniority-driven course selection system. Ng Dep., Ex. E.

Dr. Ng was required to teach up to five sections of courses in the Criminal Justice Department during the 2014-15 school year. Ng Dep. Tr. at 83. Within a month of Dr. Ng's transfer from the Criminal Justice Department to the Social Sciences Department, the Criminal Justice Department removed Criminology and Introduction to Sociology courses from its degree program.2 Id. at 86; Cooley Dep. Tr. at 90. Dr.

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377 F. Supp. 3d 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raadschelders-v-columbus-state-cmty-coll-ohsd-2019.