Stanley Penley v. McDowell County Board of Ed.

876 F.3d 646
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 28, 2017
Docket16-2034
StatusPublished
Cited by84 cases

This text of 876 F.3d 646 (Stanley Penley v. McDowell County Board of Ed.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stanley Penley v. McDowell County Board of Ed., 876 F.3d 646 (4th Cir. 2017).

Opinions

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Duncan joined. Judge Wilkinson wrote a concurring opinion.

THACKER, Circuit Judge;

Stanley. Jeffrey Penley (“Appellant”) was a.teacher at McDowell County High School (“MHS”) from 2006 to 2013. He also regularly worked as a media strategist on political campaigns. .Following an incident in Appellant’s classroom in April 2013 in which he made an inappropriate comment to his students, Appellant was suspended, investigated, and recommended for dismissal. Appellant initiated this action against the school principal, the superintendent, the board of education, a board member, and a member of the North Carolina ' House of Representatives alleging the suspension, investigation, and recommendation of dismissal were in retaliation for his political speech.

The district court’ granted summary judgment to Appellees and dismissed the case. Because Appellant has not put forward evidence beyond mere speculation in support of his claims, he cannot make a prima facie showing of retaliation. Accordingly, we affirm the decision of the district court.

I.

A.

We view the relevant facts “in the light most favorable to the nonmoving party,” Appellant. Grutzmacher v. Howard Cty., 851 F.3d 332, 342 (4th Cir. 2017). From. 2006 to April 2013, Appellant taught high school civics at MHS. During this time, Appellant was generally well respected among the students and had a near-spotless personnel record at MHS.

In 2004, 2006, and 2008, Appellant also worked on campaigns of politicians running against North Carolina House of Representatives Member Robert Gillespie (“Gillespie”). As early as 2006 and continuing through 2012, Gillespie vocalized his disdain for Appellant to MHS’s former principal, Ben Talbert (“Talbert”), and former superintendent, Mike Murray (“Murray”). After these conversations, Talbert and Murray warned Appellant that Gillespie wanted him terminated. Additionally, as a result of Appellant’s campaign work, Gillespie allegedly threatened Appellant directly saying he would pay Appellant back and “beat [him] like a bad drum.” J.A. 785:13—14.1

At the beginning of the 2012-2013 school year, Gillespie toured MHS with the newly hired superintendent, Gerri Martín (“Martin”). During the tour, Gillespie refused to enter Appellant’s-classroom, explaining to Martin that Appellant had “worked against [Gillespie] in previous elections.” J.A. 663:3-664:9. When Gillespie and Martin approached Appellant’s classroom doorway, Gillespie allegedly pulled Martin back and said “that’s the one I’ve been telling you about.” Id. at 475:1-7. On the same day, Gillespie also approached Talbert to remind him of Gillespie’s contempt for Appellant.

B.

Fast forward to April 17, 2013. On that day, during AP Government class, Appellant told his students, “There is a study out there that says that- men think about sex every, six seconds, unless you happen to be sitting next to your girlfriend, and it might be more like four seconds.” J.A. 381:9-19. Two students, a boyfriend and girlfriend, were seated next to each other when Appellant made this comment. The girlfriend became upset, believing it to be directed at her. During the mid-class lunch break that day, Appellant apologized to the girlfriend. Later in the day, Appellant wifr nessed the girlfriend crying in the library during his planning period. He .went back and forth to the library to “find out what was going on.” Id. at 393:15. Then, when the girlfriend exited, the library, Appellant sought her out and confronted her in a stairwell. Appellant’s stated goal for stopping the girlfriend in the stairwell was to prevent her from going to the principal. See id. at 387:18-21 (“Q, Well, would your goal, when you spoke to [girlfriend] at 3-something in the afternoon, to, the end result be, that she would not go to the principal? A. Yes.”), The girlfriend, through her mother, ultimately reported Appellant to school administrators.

C.

After the girlfriend’s mother complained about Appellant, the newly hired principal, Natalie Gouge (“Gouge”), contacted the assistant superintendent, Mark Garrett (“Garrett”), who instructed Gouge to begin an investigation. On April 18, 2013, Gouge met with the girlfriend to discuss the comment. The girlfriend gave Gouge handwritten notes of her recollection of the incident. The notes reflect that Appellant targeted her and her boyfriend by saying “What are you guys laughing about? Oh [boyfriend], I bet you know all about that don’t you? Only it’s every four seconds since your girlfriend is sitting right next to you. I bet it’s six seconds any other time. Right, [girlfriend]?” J.A. 1169. The same day, Gouge interviewed Appellant and other students. During Appellant’s interview, he admitted that the in-class comment was not part of his curriculum. During the student interviews, Gouge also learned of an inappropriate Facebook exchange between Appellant and a student. The exchange was a series of comments on a shirtless photo of. the student. The exchange is as follows:

Appellant: [Student], I’m going to have to de-friend you if you don’t put some clothes on. Are you trying to join NAM-BLA12
Student: Mr. Penly [sic], why are you checking me out with no clothes on. Appellant: Hey, you sent that pic to me. You know i’m [sic] happily married. And you obviously have [started.] playing for the other TEAM!
Student: Hahahahaha I meant to send it to Julia sorry.

Id. at 536.

After these interviews, Gouge drafted a letter of reprimand dated April 22; 2013. Before delivering the letter to Appellant, Gouge consulted with Martín. Martin declined to- issue a letter of reprimand and instead opted to suspend Appellant with pay pending further action. Martin instructed that a more in-depth investigation take place. . . .

As part'of this further in-depth investigation, on April 24, 2013, Gouge interviewed all of the students present in Appellant’s class when -the offending comment was made. In the interviews, some of the students’ accounts supported the claim that Appellant directed his statement at the girlfriend and boyfriend. ■ Other students could not remember what was said or what happened. Significantly, none of the students said that the comment was not directed at the girlfriend and boyfriend. Furthermore, on May 6, 2013, Appellant participated in a recorded interview with Martin and two other administrators related to the comment, the Facebook exchange, and other inappropriate behavior uncovered by the investigation.3 Appellant admitted during this interview: “I wish I could take back everything” and “[w]hen I realized I had hurt [the girlfriend], I felt awful. I feel terrible.” J.A. 616, 617.

D.

On August 21, 2013, Martin issued a notice of intent to recommend dismissal (“Notice”) to Appellant.

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876 F.3d 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanley-penley-v-mcdowell-county-board-of-ed-ca4-2017.