Defendants Pennridge School District (PSD), Superintendent Jacqueline Rattigan, and Principal Gina DeBona move to dismiss (doc. 10) pursuant to Fed. R. Civ. Pro. 12(b)(6), contending Plaintiff Darbianne Goodwin's Amended Complaint (doc. 8) fails to adequately state claims brought pursuant to
I. LEGAL STANDARD
Goodwin asserts five claims against various defendants: (1) violation of Title IX (against PSD); (2) violation of § 1983 and the Equal Protection Clause for allowing a hostile environment (against PSD, Rattigan, and DeBona); (3) violation of § 1983 and the Equal Protection Clause for failure to train (against PSD, Rattigan, and DeBona); (4) violation of § 1983 and the Equal Protection Clause for supervisory liability (against Rattigan and DeBona); and (5) intentional infliction of emotional distress (against PSD, Rattigan, and DeBona).
When reviewing a motion to dismiss, I undertake a two-step process; the first is to separate the factual and legal averments. Fowler v. UPMC Shadyside,
I assume all facts pled by the plaintiff are true. Fowler,
II. FACTS
During December of her sophomore year at Pennridge High School (PHS), Goodwin was raped by H., a PHS junior, outside school hours and off school grounds. Am. Compl. ¶ 14. Goodwin then discovered H.'s friends had been spreading rumors that she had consented to have sex with multiple PHS students the night of the rape. Id. at ¶ 16. About six weeks after the assault, in February 2015, Goodwin
Hegen's advice to Goodwin's mother was contrary to PSD policy, which specifically authorized the school to investigate reports of off-campus behavior. Id. at ¶ 20. PHS students regularly report harassment that involves off-campus behavior. Id. at ¶ 23. PSD failed to supervise and train its employees regarding its actual off-campus behavior policy, id. at ¶¶ 23-24, and also failed to train its staff and administrators in their obligations under Title IX to address sexual harassment, id. at ¶ 26.
In May 2015, a friend of Goodwin's sent her screen shots of text messages showing that H. and his friends intended to physically harm her. Id. at ¶ 28 (messages from B. stated Goodwin " 'is getting jumped' and 'needs to learn her place' "). On another occasion, H. confronted Goodwin in the hallway during school hours using expletives and gender-specific language. Id. at ¶ 29. Goodwin reported the harassment to Hegen and DeBona, who met with Goodwin to discuss the incidents, and then informed H.'s family. Id. at 30. No disciplinary action or remedial plan was undertaken. Id. DeBona has unreviewable authority to resolve harassment complaints. Id. at ¶ 31.
By May 2015, Goodwin was regularly missing classes. Id. at ¶ 32. She submitted a letter to Hegen from her psychiatrist and therapist stating that her absences were due to Post-Traumatic Stress Disorder (PTSD). Id. at ¶ 33. PSD did not propose an individualized education plan or safety plan to accommodate Goodwin's PTSD. Id. at ¶ 34. Goodwin completed her sophomore year at home and returned only for final examinations. Id. at ¶ 35.
In August 2015, Goodwin's mother contacted Hegen and asked PHS to ensure Goodwin's safety at school during the coming year. Id. at ¶ 36. She also asked for the contact information for PSD's Title IX coordinator. Id. at ¶ 37. Hegen did not know who the Title IX coordinator was or what she did. Id. at ¶ 38. After conducting additional research, Hegen informed Goodwin's mother that the PSD Title IX coordinator was Jacqui McHale, and provided McHale's contact information. Id.
On August 24, 2015, Goodwin's mother emailed McHale, described the harassment Goodwin had endured as well as her reaction, and requested that PHS ensure Goodwin did not share any classes with H. or his friends N., B., and C., who had participated in the harassment. Id. at ¶ 39. She offered to provide McHale copies of the harassing text messages. Id. McHale arranged to meet with Goodwin's mother on September 2, 2015, after Goodwin's junior year had begun. Id. at ¶¶ 40-41. McHale also invited DeBona, Hegen, and Troy Price, the administrator in charge of student affairs. Id. at ¶ 40. DeBona chose not to attend. Id. at ¶ 43. On September 1, 2015, Goodwin's mother sent McHale a timeline of harassment-related events and a powerpoint presentation on Title IX. Id. at ¶ 42.
Goodwin's junior year schedule included a study hall shared with H., and lunch period with N., B., and C. Id. at ¶ 41. At the meeting, the administrators refused to change the schedules of H., N., B., or C. because they were seniors. Id. at ¶ 43.
That same month, Goodwin's mother spoke with Superintendent Rattigan about the school district's inadequate response to the ongoing harassment. Id. at ¶ 44. Rattigan advised Goodwin's mother to direct her concerns to DeBona. Id. For two weeks after the meeting with administrators, Goodwin shared a study hall with H., even though he was supposed to have been moved to a different location. Id. at ¶ 46. During this time period, Goodwin's mother sent multiple emails asking about the move. Id. Although PSD administrators told her they were working on it, they failed to provide updated information. Id.
During her junior year, Goodwin was consistently put in close proximity with H., B., C., and N. during study halls, lunch, and assemblies. Id. at ¶ 45. C., N., and B. were never removed from Goodwin's lunch period, and sat two tables away from her. Id. at ¶ 47. Goodwin would often retreat to the library rather than stay near them, which isolated her from her peers. Id.
Goodwin's mother requested that Goodwin be informed ahead of time if she would be in the same space as her harassers, but PHS regularly failed to provide advance notice. Id. at ¶ 48. One example of this failure occurred in October 2015, during an assembly for Goodwin's World Culture Class. Id.
Also during October 2015, H. threw a female student to the ground during a game of musical chairs. Id. at ¶ 49. Hegen praised H. for this, which Goodwin understood to be part of a pattern of encouraging H.'s violence against female classmates. Id. Goodwin regularly reported behavior of H., N., B., and C. to PHS officials, including DeBona, as Rattigan had advised. Id. at ¶ 50. Nonetheless, PHS officials rarely intervened and, when they did, their actions did not end the harassment. Id. For example, Goodwin and H. attended a college fair during spring 2016. Id. Because he was a senior, H. had no reason to attend the college fair. Id. Goodwin informed Hegen of H.'s presence and Hegen asked H. to leave. Id. When H. refused, Hegen took no further action. Id.
Goodwin was subjected to verbal and physical harassment nearly every day during her junior year. Id. at ¶ 51. On December 27, 2015, the one-year anniversary of Goodwin's rape, C. sent her a harassing text message. Id. at ¶ 52. Goodwin's mother reported the harassment to DeBona, Rattigan, McHale, and Hegen on January 5, 2016. Id. Although Hegen agreed it was a harassing text, PSD took no action. Id.
Goodwin withdrew from many activities due to the ongoing harassment, including attending football and basketball games, regularly attending classes, and participating in the debate team and student council. Id. at ¶ 53. Her G.P.A. dropped from a 3.9 to a 3.2. Id. She also turned down a nomination to become student council president. Id.
In spring 2016, Goodwin confronted Hegen about his inadequate response to her harassment. Id. at ¶ 54. He suggested she leave PHS and attend the alternative school, whose student population consisted primarily of expelled students and students with behavioral challenges. Id. at ¶¶ 3, 54.
In early April 2016, C. shoved Goodwin in the hallway. Id. at ¶ 55. Goodwin asked DeBona to set up a meeting with C. Id. DeBona declined because she claimed "this information is confidential." Id. On April 7, 2016, Goodwin's mother emailed the guidance counselor, Erik Henryson, requesting
That day, Goodwin's mother emailed PSD officials and informed them Goodwin would transfer schools due to the district's failure to address the sexual harassment and/or accommodate Goodwin's PTSD. Id. at ¶ 59. In an email response on April 12, 2016, DeBona encouraged Goodwin's mother to consider private school, cyber school, and homeschooling. Id. at ¶ 60.
Goodwin spent the rest of her junior year enrolled in an experimental pilot cyber school. Id. at ¶ 61. She was unable to take non-academic courses, such as music or art, and was limited to courses that did not correspond to her PHS classes. Id. She could not continue taking honors-level courses, and was required to retake French 2 to meet her credit requirements. Id. Although she had once been a "straight A" student, Goodwin failed her keystone exam. Id. PHS offered no accommodations based on her PTSD. Id.
H., N., B., and C. graduated from PHS in June 2016. Id. at ¶ 62.
At the end of September 2016, Goodwin re-enrolled at PHS for her senior year, after H., N., B., and C. had graduated. Id. at ¶ 63. She enrolled in a dual program with Bucks Community College for her fall semester. Id. She struggled with PTSD and often missed classes. Id.
In October 2016, B. was allowed back into PHS for a military recruiting event. Id. at ¶ 65. PSD did not warn Goodwin ahead of time. Id. Although Goodwin did not see B. when he returned to PHS, she felt unsafe knowing her tormentors could return without notice. Id. Goodwin spoke with Henrysen about B.'s return, and Henrysen told her the harassers would not be allowed on school premises. Id.
One week later, H. visited PHS for another military recruitment event. Id. at ¶ 67. He was let on campus by David Laboski, an assistant principal. Id. H. wandered the halls unattended and visited Goodwin's classroom, although she was not there. Id. Goodwin's mother emailed Rattigan, DeBona, and other administrators, asking why B. and H. had been allowed to return, and requesting advance notice of their presence. Id. at ¶ 68. DeBona explained H. had been allowed on campus because Laboski had not been instructed otherwise. Id. at ¶ 69. DeBona promised PHS would address the harassment and keep Goodwin safe. Id.
During her senior year, Goodwin learned about another girl, M., who had been harassed based on her race and sex while a student at PHS. Id. at ¶ 70. PHS had refused to discipline M.'s harassers because some of the harassment had occurred off-campus, and had also encouraged her to drop out of PHS and attend the alternative school. Id. More recently, Goodwin learned that another classmate was also sexually harassed by her classmates throughout her high school career. Id. Even though the classmate reported the harassment, PHS refused to discipline the harassers and ultimately forced her to transfer to the alternative school. Id.
In early May 2017, Goodwin contacted Hegen to ensure she would not see B., who was dating another PHS senior, at her
On May 16, 2017, a representative from the National Women's Law Center called DeBona to discuss the school's obligation to ensure Goodwin could attend her prom. Id. at ¶ 73. DeBona did not return the call. Id.
On May 18, 2017, DeBona informed Goodwin that she and B. could attend the prom at different times during the night. Id. at ¶ 74. Goodwin contended that this plan would give B. an opportunity to explain to his friends why he had to leave early, setting her up for potential retaliation. Id.
On May 19, 2017, a representative from the National Women's Law Center left another message with DeBona and a message with Rattigan about Goodwin's ability to attend prom. Id. at ¶ 75. Neither returned the call. Id.
On May 22, 2017, when a representative from the National Women's Law Center again called Rattigan, she instructed the representative to call PSD's solicitor, Robert Cox. Id. at ¶ 76. The representative did so immediately, but Cox did not return the call. Id.
On May 24, 2017, a representative from the National Women's Law Center sent Cox an email documenting Goodwin's position that permitting B. to attend prom would create a hostile environment in violation of Title IX. Id. at ¶ 77.
III. DISCUSSION
1. Title IX claim
To state a claim for Title IX liability, Goodwin must show: (1) PSD received federal funds; (2) she was sexually harassed; (3) PSD had "substantial control" over both the harasser(s) and the context of the harassment; (4) PSD had "actual knowledge" of the harassment; (5) PSD was "deliberately indifferent" to the harassment; and (6) the harassment was "so severe, pervasive, and objectively offensive" that it deprived Goodwin of access to educational opportunities or benefits. Davis v. Monroe Cty. Bd. of Educ.,
Defendants contest only the last two elements. Def. Br. at 6. They claim Goodwin's allegations concern only four incidents over a two-year period, and are limited to complaints that the harassers were in proximity to her, or "in proximity to a place she was supposed to be, but wasn't." Id. at 7.
I disagree. Although the Amended Complaint includes a limited number of illustrative examples of harassment, it also alleges Goodwin was subject to verbal and physical harassment "nearly every day" during her junior year. Am. Compl. ¶ 51. Drawing all reasonable inferences in Goodwin's favor, Defendants exacerbated the hostile environment when they continued to allow Goodwin's harassers to be near her. Wills v. Brown Univ.,
Defendants also argue Goodwin has failed to show deliberate indifference because the actions taken by the school district were not "clearly unreasonable." Def. Br. at 7 (citing Davis,
None of these actions were effective in preventing Goodwin from experiencing further harassment. See Am. Compl. ¶¶ 17-74. Failing to undertake new measures when an initial approach has failed is sufficient to show deliberate indifference. S.K. v. N. Allegheny Sch. Dist.,
For example, Defendants cite the March 15 meeting held with Goodwin's mother as evidence of their reasonable response. Def. Br. at 8. At that meeting, however, Hegen told Goodwin's mother, in contravention of PSD's own policy, that no investigation or discipline could be imposed on H. because the sexual assault took place off campus. Am. Compl. ¶ 19. Defendants also list the meeting they held with Goodwin regarding the verbal harassment and physically threatening text messages. Def. Br. at 8. After this meeting, however, during which Goodwin showed Defendants screen shots of threats against her, the defendants took no disciplinary action. Am. Compl. ¶¶ 28-30. Instead, the Amended Complaint alleges, they told H.'s family of the harassment allegations. Id. at ¶ 30.
Defendants contend their response was not "clearly unreasonable" because Hegen spoke with Goodwin's mother about the Title IX coordinator in August 2015. Def. Br. at 8. But when Goodwin's mother first asked for the name of the Title IX coordinator, Hegen had no idea who held that position or what it entailed. Am. Compl. ¶ 38. Defendants cite Hegen's research to identify PSD's Title IX coordinator as additional evidence that its response to Goodwin's complaints was not "clearly unreasonable." Def. Br. at 8. Viewed in a light most favorable to Goodwin, however, it is "clearly unreasonable" for an agent in Hegen's position of principal to be ignorant of
Similarly, Defendants claimed they took four actions in response to Goodwin's mother's request for a meeting in August 2015: (1) responding to the request; (2) holding the meeting; (3) discussing changing student schedules and ultimately changing one student's study hall; and (4) responding to inquiries about moving the study hall. Def. Br. at 8. As alleged in the Amended Complaint, however, Goodwin's mother requested reassurances about the upcoming school year. Am. Compl. ¶¶ 36-39. Defendants scheduled a meeting with her for a day after the school year had already begun, and refused to take any action except for changing one study hall that was not changed for Goodwin's benefit. Id. at ¶¶ 40-43. Moreover, defendants took so long to implement that one change that Goodwin's mother was required to make multiple inquiries about when it would take place. Id. at ¶ 46.
Defendants also contend their actions were not "clearly unreasonable" because they met with Goodwin and C. and instructed them to avoid each other. Def. Br. at 8. This meeting, however, was supposed to address Goodwin's complaint that C. shoved her in the hall. Am. Compl. ¶¶ 55-57. Viewed in the light most favorable to Goodwin, it is unreasonable for defendants to blame Goodwin for C.'s assault.
Defendants state they addressed Goodwin's concerns when B. and H. were mistakenly allowed back on campus after graduating. Def. Br. at 9. The Amended Complaint alleges the opposite: that PSD failed to address Goodwin's concerns, instead repeatedly telling her they would keep her harassers from campus without taking reasonable measures to do so. Am. Compl. ¶¶ 65-69.
Finally, Defendants note they suggested an "arrangement" in which both Goodwin and B. could attend her prom at separate times. Def. Br. at 9. The Amended Complaint acknowledges Defendants' suggestion, but also alleges that B. was not a student by this point, and that this would have deprived Goodwin of half her prom while also potentially subjecting her to further retaliation by B.'s friends because B. was required to leave the prom early. Am. Compl. ¶¶ 71-74.
Goodwin has set forth facts that a reasonable jury could find showed "deliberate indifference" to her harassment as well as harassment "so severe, pervasive, and objectively offensive" that it deprived her of educational benefits. Davis,
§ 1983 Equal Protection Claims
"To state a claim under
Goodwin contends Defendants violated her constitutional rights under the Equal Protection Clause, citing § 1983 and a variety of legal theories. Am. Compl. ¶¶ 90-116. Defendants argue Goodwin's Title IX claim subsumes her constitutional claims. Def. Br. at 10. I disagree. See Fitzgerald v. Barnstable Sch. Comm.,
Further, Defendants were all "acting under color of state law." Black by Black v. Indiana Area School Dist.,
2. § 1983 Hostile Environment Equal Protection Claim
To state a claim for hostile educational environment in violation of the Equal Protection Clause, Goodwin must allege the same elements required for Title IX liability, except she also "must show that the harassment was the result of municipal custom, policy, or practice." Fitzgerald,
Defendants argue this claim fails because: (1) plaintiff cited no similarly-situated male; and (2) there is no allegation of intentional discrimination. Def. Br. at 10.
Goodwin was not required to reference a similarly-situated male, because she alleged the harassment was sexual in nature. Moody v. Atl. City Bd. of Educ.,
Further, for the purposes of an Equal Protection claim, showing "deliberate indifference" to harassment by a school or "any third party under its control" is sufficient to demonstrate intentional discrimination. Blunt v. Lower Merion Sch. Dist.,
When B. and then H. were let back onto campus the following October without advance notice to Goodwin, Goodwin's mother again informed Rattigan. Id. at ¶ 68. When Goodwin was concerned that PHS's plan to allow her to attend her prom would put her in danger of retaliation by B., Rattigan ignored repeated calls from the National Women's Law Center to discuss Goodwin's rights with respect to the extracurricular activity. Id. at ¶ 75-76.
Those allegations are sufficient to state a claim that Rattigan had a "custom or practice" of failing to address Goodwin's harassment complaints.
Finally, Goodwin alleges DeBona had "unreviewable discretion ... in reviewing harassment complaints," id. at ¶ 11, and Rattigan's direction to Goodwin's mother to speak with DeBona after complaints to Hegen had gone unanswered further suggests DeBona was authorized to address the ongoing harassment, id. at ¶ 44. DeBona was informed about C.'s texts to Goodwin on the anniversary of her rape, id. at ¶ 52, as well as C. assaulting Goodwin in the hallway in early April 2016, but declined to meet with Goodwin and C., claiming her decision was justified by "confidentiality," id. at ¶ 55. Once Goodwin was able to obtain a meeting through guidance counselor Henryson, DeBona told Goodwin it had been "a big waste of time," and simply directed both Goodwin and C. to avoid one another. Id. at ¶ 58.
When Goodwin decided to leave PHS, DeBona encouraged Goodwin's mother to consider private school, cyber school, and homeschooling. Id. at ¶ 60. When Goodwin returned the following fall and B. and then H. were allowed on campus without notice, DeBona informed Goodwin that H. had been allowed on campus because an assistant principal had not been informed otherwise. Id. at ¶ 69. When Goodwin and her mother inquired to Hegen about whether B. would be allowed to attend Goodwin's prom, DeBona told Goodwin's mother B. could attend because he had "done nothing wrong," and Goodwin's preferences and feelings were irrelevant. Id. at ¶ 72. DeBona then failed to respond when Goodwin's representatives from the National Women's Law Center reached out to discuss PSD's Title IX obligations. Id. at ¶¶ 74-75. Those allegations are sufficient to show DeBona had a "custom or practice" of failing to investigate and/or address complaints of sexual harassment.
3. § 1983 Failure to Train Equal Protection Claim
To assert a "failure to train" claim, the failure must "amount[ ] to deliberate indifference" to constitutional rights. Woloszyn v. County of Lawrence,
Goodwin asserts that PSD has both a legal obligation and a formal policy requiring it to investigate reports of harassment even when they occur off campus. Am. Compl. ¶ 20. Thus, each allegation that responsible administrators were unaware of this policy or regularly failed to implement it supports Goodwin's failure to train claim. See Thomas v. Cumberland Cty.,
Hegen initially informed Goodwin's mother that PSD had a policy of not investigating complaints of off-campus harassment. Am. Compl. ¶ 19. Despite PSD's actual policy to the contrary, administrators took no disciplinary action when they learned of the harassment. Id. at ¶ 30. Further, Hegen was initially unaware of who PSD's Title IX coordinator was or what her responsibilities were. Id. at ¶ 38. When Goodwin's mother met with the Title IX coordinator in September 2015, PSD still refused to take any steps to separate Goodwin and her harassers. Id. at ¶ 43. When C. sent Goodwin a harassing text message on the anniversary of her rape, PSD again failed to take any action. Id. at ¶ 52. Even after Goodwin had been told that her harassers would no longer be allowed back on campus after they had graduated, H. was allowed to wander the halls unaccompanied because responsible administrators were not instructed to keep him out. Id. at ¶ 69. Finally, when Goodwin requested assurances that B. would not attend her prom, she was initially denied, then offered an accommodation that put her at risk of retaliation, and then, again, denied. Id. at ¶¶ 72, 74, 77.
Those allegations are sufficient to state a claim that PSD failed to adequately train its administrators in its legal obligations to prevent sexual harassment.
4. § 1983 Supervisory Liability Equal Protection Claim
To assert a § 1983 claim based on supervisory liability, a plaintiff must show more than respondeat superior or vicarious liability. City of Canton,
The same allegations that show Rattigan knew about, and failed to correct, Hegen's and DeBona's ineffectiveness show she acquiesced in their conduct. See Am. Compl. ¶¶ 42, 52, 59, 68, 75-76. The allegations against DeBona include her failure to demand effective action from Hegen, as well as her own repeated failures to substantially address Goodwin's complaints, such as when she declined to attend the September 2015 meeting with PSD's Title IX coordinator, and informed Goodwin that B. had done "nothing wrong," despite his text messages stating Goodwin was "getting jumped" and "need[ed] to learn her place." Id. at ¶¶ 28, 43, 72. Goodwin has sufficiently pled claims of supervisory liability against Rattigan and DeBona.
To state a claim for intentional infliction of emotional distress under state law, plaintiff must show "extreme and outrageous conduct" that intentionally caused her "severe emotional distress." Hoy v. Angelone,
The conduct alleged in this case, even seen in the light most favorable to Goodwin, fails to exceed the bounds of decency or be intolerable in a civilized society.
An appropriate Order follows.
Notes
Defendants appear to suggest the harassers targeted Goodwin because they believed she had reported their participation in a burglary to authorities. See Def. Br. at 6.