Cromley v. Bd. of Educ. of Lockport

• Decision Date: 01 November 1988
• Docket Number: No. 87 C 9767.,87 C 9767.
• Parties: Marcella Ann CROMLEY, Plaintiff, v. BOARD OF EDUCATION OF LOCKPORT TOWNSHIP HIGH SCHOOL DISTRICT 205; Donald E. Weber, individually and in his capacity as Superintendent of Lockport Township High School District 205; Richard J. Dittle, individually and in his capacity as Principal of Lockport Township High School District 205, East Campus; and Donald Meints, Defendants.
• Court: U.S. District Court — Northern District of Illinois

699 F. Supp. 1283

Marcella Ann CROMLEY, Plaintiff, v. BOARD OF EDUCATION OF LOCKPORT TOWNSHIP HIGH SCHOOL DISTRICT 205; Donald E. Weber, individually and in his capacity as Superintendent of Lockport Township High School District 205; Richard J. Dittle, individually and in his capacity as Principal of Lockport Township High School District 205, East Campus; and Donald Meints, Defendants.

No. 87 C 9767.

United States District Court, N.D. Illinois, E.D.

November 1, 1988.

COPYRIGHT MATERIAL OMITTED

Joan M. Eagle, Lawrence Jay Weiner, Cohen Starck & Weiner, Chicago, Ill., for plaintiff.

David P. Kula, Deborah W. Owens, Scariano Kula Ellch & Himes, Chicago Heights, Ill., for defendants.

MEMORANDUM AND ORDER

MORAN, District Judge.

Defendants request that this court, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, grant their motion to dismiss plaintiff's complaint. In such circumstances any inference drawn must be favorable to the plaintiff, United Milk Products Co. v. Michigan Avenue National Bank of Chicago, 401 F.2d 14, 17 (7th Cir.1968), and the allegations contained in the complaint are to be accepted as true. National Van Lines, Inc. v. United States, 326 F.2d 362, 372 (7th Cir.1964); 5 Wright, Miller & Cooper, Federal Practice and Procedure § 1363 at 656 (1969).

FACTS

Viewing the complaint in the light most favorable to the plaintiff, the facts underlying this dispute appear as follows:

Plaintiff Marcella Ann Cromley ("Cromley") was employed as a reading instructor by the Board of Education of Lockport Township High School District 205, Will County, Illinois (the "Board") from the 1974-75 school year up to and including the 1977-78 academic year, at the District's Central Campus. For the 1978-79 school year the Board selected Cromley to be the Reading Department Chairperson/Chapter 1 Director upon the recommendation of defendant Donald Weber ("Weber"), then principal of the East Campus and now superintendent of District 205. Cromley had been reappointed to this position every year through the 1986-87 school year.

In December 1986 two female students informed Cromley that defendant Donald Meints ("Meints"), a reading teacher employed by the Board at the East Campus, had kissed them and another female student. They also described how Meints on several occasions had rubbed their necks and shoulders in a way that offended them and that he had also made sexually-offensive comments. Cromley considered each of these described incidents unprofessional and sexual harassment. Later that month, Cromley informed the principal of East Campus, defendant Richard J. Dittle ("Dittle"), of the students' complaints. Dittle had the school social worker interview the complaining students, after which he personally interviewed them. The social worker told Dittle that the girls had in fact complained about Meints, and the social worker added that she too had heard complaints from students that Meints rubbed their shoulders in a way they thought sexual and offensive. Dittle confirmed to Cromley that the students had reiterated their complaints to him and added that they told him of Meints' kissing them as he slid his hand down their buttocks.

Dittle discussed the matter with Meints without informing the Illinois Department of Children and Family Services ("DCFS") of the students' complaints or describing the discussion. Dittle also failed to place a report in Meints' personal file. On February 12, 1987, Cromley called the DCFS herself. She reported the facts concerning the allegations of the two students and gave her name. Five days later DCFS representatives came to District 205 to investigate Cromley's complaint but Dittle refused to allow Cromley to speak with them.

On March 4, 1987, Cromley noted the students' allegations in her yearly performance evaluation of Meints executed pursuant to her duties as Reading Department chairperson. Meints rebutted Cromley's evaluation in writing ("the rebuttal") and at a meeting on March 16, 1987, distributed it to Dittle, the American Federation of Teachers' ("AFT") president, an AFT grievance committee member, Meints, and Cromley. Around the time of the meeting Meints showed additional representatives of the AFT his rebuttal and informed other teachers of its contents. The rebuttal claimed that Cromley's evaluation was a "malicious, vindictive, vengeful attempt to discredit me both as a person and as an educator," that it was "rife with innuendos, insinuations, fabrications, and half-truths," and that "Cromley's remarks which, based on hearsay, were taken out of context, contorted, and made `dirty' by a mind which is consumed with and obsessed with finding all references to women as sexually motivated" (cplt. ¶ 15). The rebuttal also stated that, "perhaps I should sympathize with a person who looks at everything in such a jaded, contorted, twisted manner." Id. Meints also told other teachers that Cromley had made an anonymous telephone call reporting him to the DCFS.

Subsequent to Cromley's telling Dittle that she intended to seek legal advice with respect to the statements being circulated about her, Dittle met with Weber on March 27, 1987. Although Cromley had been previously told that she would be maintained in her current positions, Dittle informed her that, beginning with the 1987-88 school year, the Reading Department was being merged into the English Department and, as a result, the position of Reading Department chairperson was being eliminated.

Cromley's yearly evaluations from 1982-83 through 1985-86 described her work as "exemplary," "excellent," "effective," "very good job," "on top of her field," and recommended her for reappointment for each subsequent year (cplt. ¶ 19). Cromley's 1986-87 evaluation noted problems with personnel in the Reading Department but contained no remarks with respect to reappointment.

In April 1987 Cromley applied for the position of Gifted Coordinator and Chapter 1 Coordinator, in response to the posted notice of the opening. On May 1 she was told that the position was awarded to Steven Midlock, an individual whom Cromley alleges "was not as qualified for the position" as herself (cplt. ¶ 22). Weber recommended Midlock to the Board for the position of Chapter 1 coordinator, but the appointment failed because of a tie vote. Thus, on May 21 the position was reposted, and Cromley and Midlock both reapplied.

The same day on which Cromley reapplied, May 26, she asked Weber for a written account of the reasons why she was not reappointed as Chapter 1 Director for the 1987-88 academic year. Weber responded the next day with a writing which included, among other comments, that "at no time were your qualifications for this position viewed in a negative fashion; as a matter of fact, quite to the contrary, your past commitment to this program and completion of the tasks at hand have been thorough and supported by Chapter 1 review team evaluations" (cplt. ¶ 28). During the summer of 1987 Midlock accepted employment in another school district. Other than Cromley, Midlock was the only applicant for the Chapter 1 Coordinator position. In early July the Board posted the position of English Department Chairperson, without mentioning the Chapter 1 Coordinator vacancy.

Cromley wrote a "Response to March 16, 1987, `Rebuttal to Evaluation of 3/4/87 by Ms. Cromley'" ("the response") dated July 15, 1987. Cromley attached exhibits and requested that the administration place a copy in Meints' personnel file. Dittle refused this request.

On July 15, 1987, notice was posted for the position of Associate English Department Chairperson. Cromley subsequently filed an application for the position in which she argued that the responsibilities of the Chapter 1 Coordinator would blend well with those of the Associate English Department Chairperson. Though Cromley was the only applicant from within District 205, she was notified on August 12 that another person was recommended for the associate chairperson position. On August 18 the Board, on Weber's recommendation, hired Carol Garrett as an English teacher and appointed her Associate English Department Chairperson. Garrett was previously not a teacher in District 205 and Cromley alleges that "Garrett was not as qualified" for the position as herself (cplt. ¶ 40).

A special meeting of the Board, held on July 25, appointed Sandra Martin English Department Chairperson and Chapter 1 Coordinator. Cromley contends that Martin "was not as qualified for the Chapter 1 position" as herself (cplt. ¶ 37) and also that Martin had not timely applied for the position pursuant to the May 1987 posting.

Cromley brought suit alleging, inter alia, that Weber, Dittle, and the Board of Education knew or reasonably should have known that their actions and conduct in (1) eliminating the Reading Department; and/or (2) not reappointing Cromley to the Chapter 1 Director position; and/or (3) not recommending Cromley for the then vacant Chapter 1 Director position; and/or (4) not recommending Cromley for the Associate English Department Chairperson position, violated Cromley's First and Fourteenth Amendment freedoms. Plaintiff alleges causes of action pursuant to 42 U.S.C. § 1983 against the Board, against Weber and Dittle individually and in their respective official capacities, and against Meints. She also alleges that Weber and Dittle conspired together to bring about these same ends. Cromley submits pendent state claims for defamation, retaliatory action, intentional interference with contractual relations and intentional infliction of emotional distress.

DISCUSSION

I. SECTION 1983 CLAIMS

Plaintiff's counts I through III state claims under the First and Fourteenth Amendments to the U.S. Constitution and thereby under 42 U.S.C. § 1983. Section 1983 prohibits persons acting under color of state law from depriving any person of any rights, privileges or immunities secured by the Constitution or federal law. Thus p...