Adams v. Ohio Univ.

Decision Date12 March 2018
Docket NumberCase No. 2:17-CV-200
Citation300 F.Supp.3d 983
Parties Christine ADAMS, et al., Plaintiffs, v. OHIO UNIVERSITY, et al., Defendants.
CourtU.S. District Court — Southern District of Ohio

Michael Fradin, Fradin Law Office, Athens, OH, for Plaintiffs.

Christopher E. Hogan, Michel Marie Jendretzky, Newhouse, Prophater, Kolman & Hogan, LLC, Reid T. Caryer, Ohio Attorney General's Office Education Section, Julia Anne Davis, Gerhardt A. Gosnell, II, James E. Arnold & Associates, LPA, James G. Vargo, Columbus, OH, for Defendants.

OPINION AND ORDER

ALGENON L. MARBLEY, UNITED STATES DISTRICT JUDGE

This matter comes before the Court on Defendants Ohio University’s and Joseph McLaughlin’s Motion to Plaintiffs' Amended Complaint (ECF No. 28). Defendants seek to dismiss all claims alleged against them. For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART Defendants' Motion to Dismiss.

I. BACKGROUND
A. Factual Background1

Plaintiffs Christine Adams and Susanna Hempstead are female graduate students in Defendant Ohio University ("the University")’s English Department. (ECF No. 23 at ¶¶ 14, 45). The University is a public educational institution located in Athens, Ohio that receives federal funding. (Id. at ¶¶ 3-4). Defendant Andrew Escobedo was a professor at the University who taught Introduction to English Studies (ENG 5950), a class in which both Plaintiffs were enrolled in the fall of 2015. (Id. at ¶¶ 5, 15-16, 46). Defendant Joseph McLaughlin is also an English professor at the University, and previously was the chair of the English Department. (Id. at ¶¶ 8-9).

1. Sexual Harassment Against Plaintiffs

Professor Escobedo invited all of the students in his Introduction to English Studies class, including Ms. Adams and Ms. Hempstead, to an end-of-the-semester celebration at Jackie O’s Pub to begin at 7:00 p.m. on December 3, 2015. (Id. at ¶¶ 16, 47, 17). Both Ms. Adams and Ms. Hempstead attended the gathering. Ms. Adams arrived early, approximately five to ten minutes before the party began, while Ms. Hempstead was one of the last students to arrive. (Id. at ¶¶ 17, 48). Upon Ms. Adams' arrival, Professor Escobedo immediately began buying rounds of alcoholic beverages for the students, and he continued to do so throughout the evening. (Id. at ¶¶ 18, 22, 60). He bought five to six drinks for Ms. Adams over the course of the night. (Id. at ¶ 34).

When Ms. Hempstead arrived, she at first sat next to Professor Escobedo. (Id. at ¶ 48). Later, when she went to the bar to buy a drink, Professor Escobedo followed her. (Id. at ¶ 49). He placed his hand on her back and told the bartender to put her drink on his tab. (Id. ). After they returned to their seats, Professor Escobedo touched Ms. Hempstead on her hand, upper thighs, back, waist, and buttocks, as well as other areas of her body that were not visible to the rest of the group. (Id. at ¶ 50). Earlier that evening, Professor Escobedo told a student who wanted beer instead of liquor that he had to "teach [him/her] something about taste", and Ms. Hempstead then called him an "asshole" in response. Professor Escobedo then said, "Careful. I still haven't submitted your grade." (Id. at Ex. B, p. 9, 38). Thus, Ms. Hempstead believed her response to his physical advances could impact her grade. (Id. at ¶¶ 53-54). Ms. Hempstead attempted to increase the distance between herself and Professor Escobedo to signal that the advances were unwanted and to prevent further physical contact, but Professor Escobedo was apparently undeterred—he continued the unwanted touching. (Id. at ¶ 57). Ms. Adams witnessed Professor Escobedo touching Ms. Hempstead’s knees, thigh, and back. (Id. at ¶ 19).

Around 9:45 p.m., Professor Escobedo and a group of students, including Ms. Adams and Ms. Hempstead, left Jackie O’s Pub and went to Tony’s Tavern. They arrived at the second bar around 10:10 p.m. (Id. at ¶¶ 20-21). At Tony’s Tavern, Ms. Hempstead piled jackets and bags next to her seat in attempt to prevent Professor Escobedo from sitting next to her, but he moved the items and positioned himself directly in between Ms. Hempstead and Ms. Adams. (Id. at ¶¶ 24, 62). Professor Escobedo continued to make unwanted physical contact with Ms. Hempstead throughout the evening, including touching her over her clothes on her hands, arms, thighs, legs, knees, waist, lower back, buttocks, breast, and vagina multiple times. (Id. at ¶¶ 63-64). Around 10:45 p.m., Ms. Hempstead left Tony’s Tavern because of Professor Escobedo’s unwanted sexual advances. (Id. at ¶ 65). As she was leaving, he approached her and hugged her, touching her breast during the encounter. (Id. at ¶ 66). Throughout the night and early the next morning, Ms. Hempstead texted her then-boyfriend a series of text messages about being touched by her professor, including on her crotch. (Id. at Ex. B, pp. 43-44).

Professor Escobedo also non-consensually touched Ms. Adams while the group was at Tony’s Tavern, placing his hands on her on her face, neck, hands, legs, thighs, knees, back, arms, buttocks, and vagina. (Id. at ¶¶ 25, 26). Among other incidents of unwanted touching, Professor Escobedo put his hands inside of Ms. Adams' pants to cup her buttocks, touched her butt over her pants twice, touched her back under her shirt, and touched her vagina over her clothing with a rubbing motion. (Id. ). Ms. Adams overheard Professor’s comment to Ms. Hempstead telling her to be "careful" since he still had not submitted her grades. (Id. at ¶ 30). Thus, she believed that her response to his advances could impact her grade. (Id. at ¶ 31). Even still, Ms. Adams made faces signaling discomfort, but Professor Escobedo ignored them. (Id. at ¶¶ 27-28). She also attempted to move away from him by moving to a new seat and placing objects and people between them, but he continued to make physical contact with her. (Id. at ¶ 29).

Around 12:45 a.m. on December 4, the group disbanded. (Id. at ¶ 35). Ms. Adams left Tony’s Tavern with another student, Jessica Cogar, and they began walking toward Ellis Hall at the University. (Id. at ¶ 36). Professor Escobedo caught up with them and walked with them until they reached Ellis Hall. (Id. at ¶ 36). Ms. Cogar then went inside the building to use the restroom, leaving Ms. Adams alone with Professor Escobedo. (Id. at ¶ 37). It was then that Professor Escobedo told Ms. Adams that he was sexually attracted to her, and pressed his body against hers. (Id. at ¶¶ 38-39). He then kissed her, and inserted his tongue into her mouth. (Id. at ¶ 39). Ms. Adams did not reciprocate the kiss, and told him that she was not interested in a sexual relationship. (Id. at ¶ 40). Despite this unambiguous rejection, Professor Escobedo continued to clutch her body against his. (Id. at ¶ 41). All the while, he rubbed his lower body and erect penis against her. (Id. at ¶ 42).

When Ms. Cogar came back out of Ellis Hall, Professor Escobedo released Ms. Adams, but not before telling her that "she better not tell anyone" about anything that occurred that evening. (Id. at ¶¶ 43, 44). According to a report authored by the University’s Office of Equity and Civil Rights Compliance ("ECRC")2 , after Professor Escobedo and Ms. Cogar went their separate ways to walk to their cars, Ms. Adams met a friend around 1:00 a.m. and told her friend that Professor Escobedo made unsolicited verbal and physical advances on her, including sexually propositioning her, trying to kiss her, and putting his hand down her pants. (Id. at Ex. B). ECRC corroborated the story with Ms. Adams' friend. (Id. ).

2. ECRC Investigation and Report

On March 10, 2016, ECRC received a report from the Chair of the English Department about concerns raised by a graduate student representative. (Id. at Ex. B). According to the graduate student representative, "an alarming number of students" requested that the faculty address issues of sexual misconduct in the Department. (Id. ). On the same day, the Chair told ECRC that there had been graffiti in the restroom on the first floor of Ellis Hall stating that Professor Escobedo "is a predator. You are not alone" and that he "preys on young women. The Department knows." (Id. ). Further graffiti urged students to "Email makeousafe@gmail.com for help / with stories. He must be stopped"; and stated, "Together they can't ignore us." (Id. ). On March 24, 2016, ECRC received a report of additional graffiti in the restroom in Ellis Hall, stating that "If you have been sexually harassed, touched, etc. by a certain male [Department] prof. GO TO OUPD and file an anonymous report. The Dept. can't catch him without your help!" (Id. ) (emphasis in original).

Also on March 24, Ms. Adams and Ms. Hempstead requested to meet with ECRC Investigator Jessica Cook. (Id. ). They ultimately each met with her individually to discuss the allegations. (Id. ). On March 31, 2016, Professor Escobedo was given notice of the allegations and placed on administration leave pending the outcome of the ECRC investigation. (Id. ). The investigation culminated in a memorandum of findings, which was issued on December 15, 2016. (Id. ). The memorandum concluded that Ms. Adams' and Ms. Hempstead’s allegations of non-consensual sexual contact, quid pro quo sexual harassment, and hostile environment were all substantiated. (Id. ). The report recommended submitting the matter to the Department Chair and the Dean for consideration of possible disciplinary action and further recommended that Professor Escobedo remain on administrative leave and be banned from campus until final determination of disciplinary action. (Id. ).

On February 5, 2017, Professor Escobedo sent a letter to his colleagues in the English Department. (Id. at ¶ 301, Ex. E). He stated that he was unable to give a clear account of what happened on December 3 because of his degree of intoxication, but acknowledged that he bore "serious responsibility for what happened" and "certainly deserve[d] disciplinary action." (Id. at ¶¶...

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