Cardinal Ritter High School, Inc. v. Aleesha Bullock
17 N.E.3d 281
| Ind. Ct. App. | 2014Background
- Ritter, a private religious high school operated by the Roman Catholic Archdiocese of Indianapolis, was charged with discriminating on the basis of race by not selecting Aleesha Bullock for the girls’ varsity basketball team in 2007-2008.
- Bullock, African-American, had been a top scorer prior to being cut from the varsity squad; reasons given included alleged lack of commitment and team chemistry concerns.
- Bullock’s mother filed a complaint with the Indiana Civil Rights Commission (ICRC) in January 2008; Ritter denied subject-matter jurisdiction and denial of Bullock’s claims.
- Initial ICRC determination in 2009 found no probable cause; the ICRC reversed in 2011 after Bullock came of age to sue.
- A 2012 hearing before ALJ Robert Lange led to a proposed order favoring Bullock; ALJ Noell F. Allen issued findings in 2013 finding discrimination and ordering damages, later reduced by the ICRC to emotional distress only.
- The Indiana Court of Appeals vacated the ICRC order and remanded for a new hearing due to procedural flaws when the second ALJ did not hear the witnesses and credibility was pivotal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ICRC has jurisdiction over Ritter for education-related discrimination | Bullock argues ICRC jurisdiction extends to education opportunities at Ritter. | Ritter argues ICRC lacks jurisdiction over a private religious school’s extracurricular activities. | ICRC jurisdiction over education-related activities at Ritter is proper. |
| Whether constitutional rights are implicated by ICRC's jurisdictional determination | Bullock asserts no constitutional barrier to ICRC review of education-related discrimination. | Ritter contends religious liberty/associational rights bar such government intrusion. | No constitutional impediment found; case does not implicate church governance or doctrine. |
| Whether the ICRC's final order was procedurally valid given credibility determinations | Bullock claims the order is valid despite credibility issues because of the evidence. | Ritter contends the credibility assessment was improper since the ALJ did not hear witnesses. | Procedural flaws require vacating the order and remanding for a new hearing. |
Key Cases Cited
- N.L.R.B. v. Catholic Bishop of Chicago, 440 U.S. 490 (U.S. Supreme Court 1979) (religious-liberty concerns in church-school employee matters)
- St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502 (U.S. Supreme Court 1993) (burden-shifting framework for discrimination proving pretext)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (U.S. Supreme Court 2000) (discrimination can be inferred from pretextual reasons)
- Kedroff v. St. Nicholas Cathedral, 344 U.S. 94 (U.S. Supreme Court 1952) ( First Amendment concerns about church governance)
- Kreshik v. Saint Nicholas Cathedral, 363 U.S. 190 (U.S. Supreme Court 1960) (ecclesiastical government questions under First Amendment)
- Pentecostal Tabernacle of Muncie v. Pentecostal Tabernacle of Muncie, 128 Ind. App. 145 (Ind. Ct. App. 1957) (Indiana appellate treatment of religious-affiliated disputes)