Belles v. Wilkes-Barre Area Sch. Dist.
| Decision Date | 03 March 2020 |
| Docket Number | CIVIL ACTION NO. 3:17-CV-01016 |
| Parties | THOMAS BELLES, Plaintiff, v. WILKES-BARRE AREA SCHOOL DISTRICT, FRANK CASTANO, and SEAN FLYNN, Defendants. |
| Court | U.S. District Court — Middle District of Pennsylvania |
(MEHALCHICK, M.J.)1
Plaintiff Thomas Belles filed a complaint on June 9, 2017, asserting several discrimination claims against defendants Wilkes-Barre Area School District (the "District"), Frank Castano, and Sean Flynn.2 (Doc. 1). Belles asserts violations of the Americans with Disability Act, 42 U.S.C. §§ 12101-12213, and the Pennsylvania Human Rights Act, 43 Pa.C.S.A. §§ 951-963, specifically alleging that the District and Castano (collectively, "Defendants") denied him reasonable accommodations following his appointment as head coach to the high school wrestling team, subjected Belles to discrimination through a hostile work environment, retaliated against him, and constructively discharged him from his appointment as head coach, all because of his disability. (Doc. 1).
Before the Court is Defendants' motion for summary judgment. (Doc. 24). Bothparties have provided statements of material facts and fully briefed the motion, which is now ripe for review. (Doc. 25; Doc. 26; Doc. 30; Doc. 31; Doc. 32). For the following reasons, Defendants' motion is GRANTED, and the Clerk of the Court is directed to close this case.
The factual background is taken from the parties' respective statements of material facts, unless otherwise indicated. (Doc. 25; Doc. 30). Where the parties dispute certain facts, those disputes are noted. In addition, the facts have been taken in the light most favorable to the plaintiff as the non-moving party, with all reasonable inferences drawn in his favor. Where Belles disputes a fact set forth by Defendants but fails to provide a citation to the record supporting denial thereof, that fact will be deemed to be admitted. Unsupported "assertions, conclusory allegations, or mere suspicions" are insufficient to overcome a motion for summary judgment. Schaar v. Lehigh Valley Health Servs., Inc., 732 F.Supp.2d 490, 493 (E.D. Pa. 2010).
Long before the circumstances giving rise to this action, Belles, in a tragic ATV accident, became paraplegic. (Doc. 26, at 1, ¶ 3; Doc. 30, at 9, ¶ 1). Wheelchair-bound and without full functioning of his hands, Belles nevertheless became a middle school teacher and successful wrestling coach for the District. (Doc. 26, at 1, ¶ 1-2; Doc. 30, at 1, ¶¶ 1-2). He began teaching part-time in 1993, became a full-time teacher of history and social studies at Solomon-Plains Junior High School in 1999, was appointed as the head coach of the junior high wrestling team at Solomon-Plains in 2008, and was appointed as the head coach of the varsity wrestling team at the James M. Coughlin High School in 2014. (Doc. 26, at 1, ¶¶ 1-3; Doc. 30, at 9, ¶ 1-6). In 2001, Belles requested and was granted a teaching aide to help himwith tasks such as correcting exams and taking attendance.3 (Doc. 26, at 2, ¶ 4; Doc. 30, at 2, ¶ 4; Doc. 24-1, at 7).
When the District appointed Belles as varsity head coach on May 12, 2014, neither Belles nor those who vetted and appointed him raised the issue of his disability or questioned whether Belles was qualified for and able to perform the demands of the position. (Doc. 26, at 1-2, ¶¶ 1-3; Doc. 30, at 9, ¶¶ 1-6, 11). Indeed, Belles was selected over four other (non-disabled) candidates for the position. (Doc. 26, at 2, ¶ 7; Doc. 30, at 2, ¶ 7). At the time of his appointment, wrestling season, which generally runs from November through March, had not yet begun. (Doc. 24-2, at 5; Doc. 24-1, at 6). As varsity head coach, Belles was expected to transition from running wrestling practices in the Solomon-Plains' gymnasium - where he had coached junior high wrestlers - to running practices out of Coughlin's lower-level wresting room, access to which was limited to steps. (Doc. 26, at 2, ¶ 8; Doc. 30, at 2, ¶ 9; Doc. 24-1, at 6). Frank Castano, the District's Human Resources Manager, was tasked with finding an accommodation for Belles given that Belles could not descend or ascend the stairs in his wheelchair. (Doc. 24-2, at 11).
On May 13, 2014, the day after Belles's appointment as varsity head coach, Castano informed Belles that unidentified students had called the District Board to voice complaints about the appointment. (Doc. 26, at 3, ¶ 11; Doc. 30, at 3, ¶ 11). There is no dispute that the complaints were made, but Belles and Castano have different recollections of the events as they actually transpired. Belles testified that Castano told him the school received phone calls,indicated that "things changed," and suggested a scenario where Belles's nephew, Mark Belles, would become a high school coach and Belles would become a "floating coach" of sorts. (Doc. 30, at 3, ¶ 1; Doc. 24-1, at 15). Castano testified that Belles was upset about the complaints and asked Castano for advice about how to proceed. Belles was not satisfied with Castano's initial response (to "coach because he was appointed as coach"), the two "kick[ed] around ideas and th[e] [floating coach idea] was one of them," and Belles told Castano he would follow up by submitting a proposal, though no proposal was ever submitted. (Doc. 26, at 3, ¶ 11; Doc. 24-2, at 14).
The complaints about Belles's appointment did not end there. Robert Hawkins, former acting head coach for the varsity wrestling team, attended a June 2014 Board meeting and called the Board to complain about Belles. (Doc. 26, at 2-3, ¶ 10; Doc. 30, at 3, ¶ 10; Doc. 24-2, at 8).4 Hawkins had recruited parents to rally against Belles and "also made a comment about [Belles's] disability because of [Belles's] inability to use [his] hands to write." (Doc. 24-1, at 25; Doc. 30, at 3, ¶ 10). The District received more calls, from students and parents, who, according to Castano's deposition testimony, had considered transferring school districts towrestle elsewhere. (Doc. 24-2, at 14).5
At some point - likely in either late May or June 2014, although no witnesses testified as to the precise date - District Superintendent Bernard Prevuznak told Belles that "numerous people had said practices must be in the Coughlin basement room and asserted himself that the practices could not be moved from there." (Doc. 30, at 13, ¶ 25; Doc. 24-1). Belles's testimony is that Prevuznak did not make this statement "in a nice way"; instead, "[i]t was like, they must stay here in the wrestling room." (Doc. 24-1).
On a subsequent occasion within the same timeframe, Belles met with Castano, Prevuznak, and Assistant Superintendent Brian Costello. (Doc. 26, at 4, ¶ 18; Doc. 30, at 14, ¶¶ 26, 218).6 The meeting's attendees recount the events at that meeting very differently. Castano testified to a quick meeting, "no more than ten minutes," during which Belles was congratulated and assured that his disability would be accommodated. (Doc. 24-2, at 11). Belles testified that he had suggested to Castano, Prevuznak, and Costello several accommodations - holding practices in the "accessible" Coughlin gym or its cafeteria, moving practices to the Solomon-Plains gym where he had coached junior high students, or contracting with the company that had fixed his wheelchair to install a lift - each of which was rejected. (Doc. 30, at 4-5, ¶¶ 14, 18; Doc. 30, at 12).7 Belles also testified that (1) "Castanodiscussed with him that there's two access points that they can get in"; (2) Prevuznak questioned Belles about where the wrestling mats would be stored if they moved practice locations, indicated that the Board did not want to expend funds to accommodate Belles's access to the Coughlin wrestling room, and indicated that there was a scheduling conflict that precluded them from holding practices at Solomon-Plains; and (3) no further comments were made concerning Belles's suggestion that they reach out to the company who fixed his wheelchair. (Doc. 24-1, at 18-19).
Prevuznak referenced the same meeting during his deposition. (Doc. 24-4, at 8-9). He testified to a "very supportive meeting that we are going to make this work at Coughlin High School," where practices had always been held, and "would adapt and accommodate [Belles's] disability to have it there." (Doc. 24-4, at 8-9). According to Prevuznak, he had initiated this meeting because he felt that Belles "was under a lot of stress." (Doc. 24-4, at 9).
In late June and early August 2014, the District made decisions antithetic to Belles's wishes. At an August 11, 2014 Board meeting, the District hired an associate head coach, David Parsnik,8 and three assistant coaches, Castano, Hawkins (on a volunteer basis), and Ruben Prophete. (Doc. 30, at 16, ¶ 44; Doc. 24-4, at 11; Doc. 24-2, at 6). Both Parsnik andProphete had applied for the head position to which Belles was appointed in May 2014.9 Belles had submitted his own candidates for these positions (and had opposed other potential candidates' appointments), but the District did not honor Belles's preferred hires. Belles testified that he had told Castano, Costello, Prevuznak, and Clifford Jones that he wanted to hire Jason Schlingman, and Belles's nephew, Mike Belles to be his assistant staff. (Doc. 24-1, at 29; Doc. 30, at 16, ¶ 40). Castano testified that he was never privy to Belles's final proposed hires, if any such final proposal had been submitted, because Belles had "changed his mind a few times . . . ." (Doc. 24-2, at 9). Neither Prevuznak nor Castano was involved in the hiring process. (Doc. 24-2, at 6; Doc. 24-4, at 11). Prevuznak candidly admitted that if he were head coach and the District hired an assistant who had objected to the head coach's hiring, he would find the situation difficult. (Doc. 24-4, at 11). Athletic Director Clifford Jones and Prophete testified similarly. (Doc. 30, at 17-18, ¶¶ 51, 55; Doc. 24-3, at 15; Doc. 30-5).
According to Belles, the District did nothing to further the...
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