Campbell v. Board of Regents of State of Kan.

• Decision Date: 09 August 1991
• Docket Number: Civ. A. No. 88-1710-T.
• Parties: Carla CAMPBELL, Plaintiff, v. BOARD OF REGENTS OF the STATE OF KANSAS; Kansas State University; Charles Deyoe; and June Bishop, Defendants.
• Court: U.S. District Court — District of Kansas

770 F. Supp. 1479

Carla CAMPBELL, Plaintiff, v. BOARD OF REGENTS OF the STATE OF KANSAS; Kansas State University; Charles Deyoe; and June Bishop, Defendants.

Civ. A. No. 88-1710-T.

United States District Court, D. Kansas.

August 9, 1991.

COPYRIGHT MATERIAL OMITTED

Donna J. Long, Ryan and Ryan, P.A., Clay Center, Kan., for plaintiff.

Dorothy L. Thompson, Kansas State University, Manhattan, Kan., for defendants.

MEMORANDUM AND ORDER

THEIS, District Judge.

This matter is before the court on the motion of defendants for summary judgment. (Doc. 24). The action is brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., 42 U.S.C. § 1983, and state common law. Plaintiff alleges sexual harassment, retaliation, constructive discharge, as well as a due process violation.

I. Background

The material facts are undisputed unless otherwise noted. The dispute arises out of plaintiff's employment as an Administrative Assistant in the Department of Grain Science at Kansas State University. By a one-year contract, plaintiff's appointment to this position became effective on June 10, 1986. Before the expiration of this term, plaintiff signed a second contract covering the period from June 18, 1987 through June 17, 1988.

On February 18, 1988, plaintiff brought a complaint of sexual harassment to Walter Woods, Dean of the College of Agriculture. A meeting was held on this date, attended by plaintiff's attorney and Dick Seaton — the University Attorney — at which plaintiff outlined the following claims:

(1) that her supervisor — Dr. Charles Deyoe, Head of the Department of Grain Science — slapped her on the butt on December 22, 1987, and that this incident took place in Room 03K Shellenberger Hall after plaintiff had called Dr. Deyoe out of a meeting to deliver a message. Plaintiff stated that at the time she said to Dr. Deyoe: "If you don't do that again, I won't tell your wife;"

(2) that Dr. Deyoe had told plaintiff several times prior to December 22, 1987 that he would slap her on the butt;

(3) that plaintiff told Deanna Selby, a co-worker, of the incident of December 22 on the same day, stating to her: "Dr. Deyoe has lost his mind. I'm going home; he hit me on the butt;"

(4) that plaintiff also told June Bishop, Office Supervisor in the Department of Grain Science and Industry, of the incident the day after it occurred;

(5) that in January 1988, Dr. Deyoe said that he would hit plaintiff again but obviously she does not like it;

(6) that plaintiff felt like Dr. Deyoe "treated her like a piece of meat;"

(7) that Dr. Deyoe crowded plaintiff in her office space and made knee to knee contact in his office, and further that this made her feel uncomfortable, but that she had not observed any inappropriate actions by Dr. Deyoe with other employees;

(8) that Dr. Deyoe had used obscenities in talking to plaintiff about others; and

(9) that Dr. Deyoe had not used any other inappropriate language or made other suggestive approaches.

A dispute exists regarding whether and at what time plaintiff told other employees in the Agriculture Department about the December 22 incident. Plaintiff alleges that she told Deanna Selby of the incident on the same day and told June Bishop the following day.

To investigate plaintiff's claims, Dean Woods met with Dr. Deyoe, informed him of the charges against him, and gave him an opportunity to respond. Dean Woods also talked to Deanna Selby, June Bishop, and Dr. Keith Behnke regarding the December 22 incident. The findings and conclusions of Dean Woods were stated in a letter of administrative resolution dated March 23, 1988 and sent to both plaintiff and Dr. Deyoe. (Eht. 10 to Defendant's motion in support). Among his findings were that:

(1) Dr. Deyoe generally denied plaintiff's allegations.

(2) Ms. Bishop and Ms. Selby stated that plaintiff made no mention on or about December 22, 1987 of the incident with Dr. Deyoe. Rather, these persons recall plaintiff telling them at different times. (Defendants' statement of facts, ¶ 8; Plaintiff's statement of facts, ¶ 8).

(3) Ms. Bishop stated that in mid-January of 1988, plaintiff became very angry in her presence because another employee was receiving tuition assistance from the Grain Science Department. Ms. Bishop recalled plaintiff saying: "She gets her tuition paid and all I get is a slap on the butt." Ms. Bishop further recalled plaintiff saying: "He's going to pay for this if I don't get my tuition paid." Plaintiff denies having made this latter statement. (Defendants' statement of facts, ¶ 9; Plaintiff's statement of facts, ¶ 9).

(4) Dr. Keith Behnke, a professor in Grain Science, stated that during the week of January 25, plaintiff asked Dr. Behnke for a letter of recommendation to the public administration program, and that plaintiff also told Dr. Benke that Dr. Deyoe had hit her on the butt.

Based on Dr. Deyoe's denial of plaintiff's allegations, and that fact that others had not confirmed plaintiff's claim of having brought the December 22 incident to their attention, Dean Woods stated that the University could not conclude whether sexual harassment had occurred. Dean Woods went on to state, however, that if plaintiff's claims had been substantiated, he believed such claims would constitute sexual harassment under University policy. For this reason, Dean Woods sent a letter to Dr. Deyoe, which included the following instructions:

1. That he continue to be professional in his behavior toward plaintiff and other employees, and that he pay special attention to conducting himself so that none of his actions can be perceived as sexually harassing.

2. That he avoid any actions that could be perceived as retaliatory toward plaintiff for making the complaint.

3. That he carefully review the University's policy on sexual harassment.

Dean Woods closed by assuring plaintiff of the University's intention to maintain a non-discriminatory work environment, and by informing plaintiff of her right to review by the Classified Discrimination Review Committee. (Ehts. 10 & 11 to Defendants' Motion in Support, Doc. 25).

On April 20, 1988, plaintiff brought a formal complaint to the Discrimination Review Committee charging Dr. Deyoe with sexual harassment. In this letter, plaintiff reiterated most of her claims considered by Dean Woods, and further claimed that she was suffering from retaliation in the form of a hostile work atmosphere. On April 28, 1988, plaintiff requested through her attorney that the hearing before the Review Committee be conducted as an open hearing.

Also on April 28, plaintiff wrote to Dr. Deyoe, stating that she was unable to continue working in the present work environment in the office, and requesting a leave of absence without pay, in accordance with University policy. By letter dated April 29, 1988, Dr. Deyoe informed plaintiff that he did not believe the work environment prevented her from fully meeting the responsibilities of her position. Nonetheless, Dr. Deyoe granted plaintiff's request for a leave of absence and also reminded plaintiff that the appointment she was on at that time terminated on June 17, 1988.

On May 5, 1988, the Review Committee, chaired by Professor Robin Higham, held an open hearing on plaintiff's complaint. At the hearing, plaintiff called Kim Hoffman, who had been an employee in the Grain Science Department from June 4, 1985 until May 19, 1986. Hoffman testified that during her employment as Charles Deyoe's secretary, she and Dr. Deyoe had had a conversation in which she had asked for time off to attend the Kansas Artificial Insemination School. During this conversation, Dr. Deyoe made joking comments about artificial insemination and said to her: "I'm going to inseminate you." Hoffman also testified that June Bishop told Dr. Deyoe of Hoffman's distress over his comments, and that the next day Dr. Deyoe apologized to Hoffman that his comments had offended her. Hoffman also testified that Dr. Deyoe had asked her: "What would you do if I hit you on the butt," but that she had "never really considered it a threat until plaintiff called her." (Defendants' statement of facts, ¶ 18). Hoffman also testified that she had participated in telling jokes in the department and to Dr. Deyoe, some of which were sexually explicit. it.

On May 11, 1988, the Discrimination Review Committee sent to President Jon Wefald the following findings and recommendations:

FINDINGS:

The committee's findings are broken down into two categories: those relating to the complaint of sexual harassment, and those relating to the retaliation as a result of the filing of a sexual harassment complaint.

I. Sexual harassment Complaint

a. There is insufficient evidence to establish that the alleged 22 December 1987 incident actually occurred.

b. Dr. Deyoe did on the occasions engage in impermissible language and inappropriate actions. Specifically, we concluded that:

i. Dr. Deyoe used profanity and improper sexually-explicit language in the office.

ii. Dr. Deyoe inappropriately made direct sexually-explicit statements to a former employee.

iii. Dr. Deyoe inappropriately listened to sexual jokes related to him by a former employee.

iv. Dr. Deyoe failed to discourage his office staff from using profanity and other offensive conversation within the working environment.

II. Retaliation Complaint

There was hostility in the main office of the Department of Grain Science which accelerated with Mrs. Campbell's request for tuition payment and escalated much further after she filed a sexual harassment complaint against Dr. Deyoe.

a. Dr. Deyoe would have been within his rights not to support Mrs. Campbell's tuition payment request. The remission of fees for classified employees is not a well established policy in the department, so his failure to act upon her request is not viewed as an act of retaliation for filing the sexual harassment complaint.

b. Dr. Deyoe was within his prerogative to assign work to

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