Ball v. Bd. of Regents of the Univ. Sys. of Ga.
| Decision Date | 05 May 2021 |
| Docket Number | Civil Action 1:20-cv-00012-SDG-LTW |
| Parties | JOHN BALL, Plaintiff, v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA, Defendant. |
| Court | U.S. District Court — Northern District of Georgia |
MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION
Plaintiff John Ball filed the above-styled employment discrimination action on January 2, 2020. [Doc. 1]. Plaintiff Ball's Amended Complaint, which was filed on March 20, 2020, is the operative pleading in this case. [Doc. 4]. Plaintiff's claims against Defendant Board of Regents of the University System of Georgia are for disability discrimination and retaliation brought pursuant to the Rehabilitation Act, 29 U.S.C. § 701, et seq. [Doc. 4, Counts I, II]. This action is presently before the Court on a Motion for Summary Judgment [Doc. 42] filed by Defendant pursuant to Federal Rule of Civil Procedure 56. For the reasons discussed below, the Court RECOMMENDS that Defendant Board of Regents' Motion for Summary Judgment [Doc. 42] be GRANTED.
The Board of Regents of the University System of Georgia (“Board of Regents”) is the governing body of the University System of Georgia, including Georgia Southern University (“GSU”). [Defendant's Statement of Material Facts (“DSMF”) ¶ 1]. Plaintiff John Ball was employed with the GSU football team (most recently) as the Football Video Coordinator (“FVC”) from July 2013 to March 2019. [DSMF ¶ 2; Plaintiff's Statement of Material Facts (“PSMF”) ¶ 1]. In October 2018, Plaintiff underwent surgery to have his foot amputated. [PSMF ¶ 2]. Plaintiff Ball was on medical leave from October 2018 to early January 2019. [DSMF ¶ 3].
During Plaintiff's absence, the Head Football Coach at GSU, Chad Lunsford, hired Sean Fitzgerald as interim FVC during Plaintiff's absence. [DSMF ¶ 4; Plaintiff's Response (“Pl. Resp.”) to DSMF ¶ 4]. The FVC's job is to plan, edit, and produce the football team's videography. [DSMF ¶ 5]. Based on experience at a prior school, Fitzgerald performed his duties on the field during team practices because he believed it allowed him and the video staff to be more responsive to changes made by the head coach during practice. [DSMF ¶ 6]. GSU had not previously asked FVCs to perform their duties on the field during practice. [DSMF ¶ 7]. Coach Lunsford found the change helpful and wanted the FVC to continue working on-field during practices. [DSMF ¶ 8].
Plaintiff Ball returned to work on January 7, 2019, with his return-to-work paperwork stating that no accommodations or restrictions were needed. [DSMF ¶ 9]. By the time Plaintiff returned to the FVC job, Sean Fitzgerald had been moved to Director of Football Operations. [DSMF ¶ 10; Pl. Resp. to DSMF ¶ 10]. In this position, Fitzgerald oversaw Plaintiff in his role as FVC. [Id.].
Although Plaintiff's amputated foot significantly limited his mobility, he was generally able to perform his duties as FVC the same as before he went on leave. [DSMF ¶ 11; PSMF ¶ 3; Defendant's Response (“Def. Resp.”) to PSMF ¶ 3]. However, Plaintiff was functionally limited and his supervisors noticed problems and delays in completing various job-related tasks. [DSMF ¶ 12; Pl Resp. to DSMF ¶ 12]. Plaintiff could not walk upstairs to retrieve something from the press box or climb towers to film practice; however, he was able to delegate those tasks to student assistants. [PSMF ¶ 4]. Approximately a week after returning to work in January 2019, Plaintiff met with Sean Fitzgerald, Director of Football Operations, and Lisa Sweany, Deputy Athletic Director. [PSMF ¶ 5]. Plaintiff reported that he was able to perform the job of FVC with the help of student assistants. [PSMF ¶ 5].
In late-January or early-February 2019, the Head Football Coach Chad Lunsford, told Plaintiff that he wanted the FVC to be on the field during practice. [PSMF ¶ 6]. Plaintiff said that he could not get on the field because of his wheelchair. [PSMF ¶ 7]. Lunsford told Plaintiff to “figure it out” and left the room. [PSMF ¶ 8].
In early January 2019, the athletic department communicated to its directors to ensure that employees who had accumulated compensatory time (sometimes called “comp time”) were using that time before regular leave. [DSMF ¶ 15]. Sean Fitzgerald noticed in late January that Plaintiff Ball did not show up for work on multiple days. [DSMF ¶ 16]. Fitzgerald testified that because he had previously received a leave request when Plaintiff was absent, the absences caught his attention and indicated something could be amiss. [DSMF ¶ 17]. At some point, Deputy Athletic Director Lisa Sweany instructed Fitzgerald to find out if Plaintiff had been paid for working those days. [Fitzgerald Deposition (“Dep.”) at 39-40, 44; Sweany Dep. at 14-15; DSMF ¶ 18; Pl. Resp. to DSMF ¶ 18]. On February 12 2019, Chief Audit Officer Jana Briley was informed that Sweany would be contacting her regarding a possible timekeeping issue. [DSMF ¶ 19].
On February 12, 2019, Plaintiff met with Samantha Rossi, a Human Resources (“HR”) Benefits Manager for GSU. [PSMF ¶ 9]. Plaintiff informed Rossi that he was unable to comply with Coach Chad Lunsford's order to be on the field during practice because of his disability. [Id.]. Plaintiff requested an accommodation for getting to the practice field across campus and for performing his duties on the practice field. [DSMF ¶ 20]. This was the first time Plaintiff told HR that he was having issues with his mobility which prevented him from getting to the practice field. [DSMF ¶ 21]. This was also the first time Plaintiff told HR that Coach Lunsford had asked him to be on the field during practice as Fitzgerald had done during Plaintiff's absence. [Id.]. Plaintiff told HR Benefits Manager Rossi that he did not feel he was physically able to work on the field during practice and that Coach Lunsford asked him to figure something out. [DSMF ¶ 22]. Plaintiff requested that he receive assistance in getting to the offsite practice facility and that he not be required to work on the field. [DSMF ¶ 23]. Plaintiff proposed several possible accommodations for Coach Lunsford's request, including use of a golf cart and help from student assistants to compensate for his mobility issues. [PSMF ¶ 10].
On February 15, 2019, three days after Plaintiff's first meeting with HR Benefits Manager Samantha Rossi, Plaintiff met with Rossi a second time regarding his accommodation request. [PSMF ¶ 12]. Rossi discussed Plaintiff's accommodation request with Director of Football Operations Sean Fitzgerald, Deputy Athletic Director Lisa Sweany, and two employees from Legal Affairs, Amber Culpepper and Maura Copeland. [PSMF ¶ 13]. Sometime after this meeting, Fitzgerald informed Plaintiff that he was granted accommodations to get to the offsite practice facility and was not required to perform his duties on the field. [DSMF ¶ 24; PSMF ¶ 14]. GSU honored these accommodations. [DSMF ¶ 25]. Plaintiff was allowed to observe the practice field from a distance and give necessary directions to his student assistants. [DSMF ¶ 25; PSMF ¶ 14]. Plaintiff also purchased walkie-talkies to communicate with the student assistants during practice. [PSMF ¶ 11].
On one occasion during a staff meeting, Coach Lunsford told Plaintiff Ball to get two tables from the surplus room and use them to cover wires in two meeting rooms. [PSMF ¶ 15; Plaintiff's Deposition (“Pl. Dep.”) at 34]. Plaintiff told Lunsford he was not able to get to “surplus” because of his disability, and Lunsford told him to “figure out a way to do it, because he wanted the wires covered up.” [Id.]. Lunsford repeatedly asked Plaintiff if he had fixed the wires, and Plaintiff told him that he could not “do it physically right now.” [PSMF ¶ 16; Pl. Dep. at 34-35]. Plaintiff testified that with regard to these type of day-to-day duties, he did not ask HR about accommodations, but he did ask for help from graduate assistants who were available to assist him and complete Lunsford's request. [Pl. Dep. at 36]. Plaintiff testified that Coach Lunsford and Sean Fitzgerald [Pl. Dep. at 35; PSMF ¶ 18].
On or around January 22, 2019, Fitzgerald began keeping a timeline that recorded several instances in which Plaintiff failed to complete tasks or was absent from work. [PSMF ¶¶ 17, 19; Fitzgerald Dep. at 26-27, 35; Doc. 45-3]. Fitzgerald later provided this timeline to Deputy Athletic Director Lisa Sweany after she asked for any documentation Fitzgerald had on Plaintiff. [PSMF ¶ 20]. However, Fitzgerald did not know why Sweany requested the document. [PSMF ¶ 21]. It was Fitzgerald's understanding that Sweany was requesting the documentation for “HR accommodation purposes.” [PSMF ¶ 22]. Fitzgerald further stated that Sweany reviewed the timeline he provided and asked why he wrote “check to see if he was paid” in parentheses next to the entries for January 22, 29, and 30, 2019. [PSMF ¶ 23].
On or around February 12, 2019, Denise Gebara, Director of Employee Relations, sent an email to Mary Jana Briley, then the Chief Audit Officer, informing Briley that Sweany “would be contacting [her] regarding some hours in question input into the time system by Mr. Ball.” [PSMF ¶ 24]. Sometime later, Sweany contacted Briley and explained that Fitzgerald suspected Plaintiff had entered working hours for days he was absent. [PSMF ¶ 25]. Briley then conducted an investigation into Plaintiff's reporting of his timekeeping. [DSMF ¶ 26; PSMF ¶¶ 25, 29]. Plaintiff testified that while the timekeeping investigation was ongoing, Fitzgerald told P...
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