Cardinal Ritter High Sch., Inc. v. Bullock, 93A02–1401–EX–47.
Decision Date | 05 September 2014 |
Docket Number | No. 93A02–1401–EX–47.,93A02–1401–EX–47. |
Parties | CARDINAL RITTER HIGH SCHOOL, INC., Appellant–Respondent, v. Aleesha BULLOCK, Appellee–Complainant. |
Court | Indiana Appellate Court |
John S. (Jay) Mercer, Mercer Belanger, Indianapolis, IN, Attorney for Appellant.
Frederick S. Bremer, ICRC Staff Counsel, Civil Rights Commission, Indianapolis, IN, Attorney for Appellee.
BAKER
, Judge.
Cardinal Ritter High School, Inc. (Ritter) appeals the determination of the Administrative Law Judge (ALJ) for the Indiana Civil Rights Commission (ICRC) finding that Ritter violated the Indiana Civil Rights Law (ICRL) when it did not select appellee-complainant Aleesha Bullock as a member of the girls' varsity basketball team. Ritter argues that, as it is a private, religious institution owned and operated by the Roman Catholic Archdiocese of Indianapolis, the ICRL is not applicable. Also, Ritter contends that the findings of fact and conclusions of law issued by the ALJ are unsupported by substantial evidence and maintains that the $25,000 award to Bullock for emotional damages is based on speculative evidence. We find that the ICRC has jurisdiction over the girls' basketball team at a private, religious institution. However, we conclude that when, as here, the case hinged entirely on the credibility of the witnesses, the issuance of an order by an ALJ who did not hear the evidence or observe the witnesses is not in accordance with law, is contrary to the constitutional rights of the parties, and is without observance of procedures required by law. Therefore, we vacate the order of the ICRC and remand with instructions to conduct a new hearing and issue a timely ruling.
At the time the original complaint was filed, Ritter was a ministry of the Roman Catholic Archdiocese of Indianapolis. Bullock, who is African–American, attended Ritter and played on the girls' varsity basketball team during the academic year of 2006–2007. At that time, she was the team's highest scorer.
However, Bullock was not selected to play for the varsity basketball team for the 2007–2008 term. The basketball coaches, including Coach William Clark, felt that Bullock had shown a lack of commitment to the basketball program because she had chosen to play soccer rather than attend basketball conditioning. Clark told Bullock's parents that she was not chosen to play because many younger players were improving at a faster rate and better fit with the way he wanted to develop the team in the future.
On January 9, 2008, Bullock's mother, Myrna Bullock, filed a complaint against Ritter, alleging that Ritter had violated the ICRL. The complaint alleged that Ritter had cut Bullock from the varsity basketball team because of her race. Ritter filed its answer on February 8, 2008, and denied that the ICRC had subject matter jurisdiction. It also refuted Bullock's claim that she was not selected for the team due to her race, maintaining that Bullock was not chosen for the team due to concerns over her level of improvement and commitment to the basketball program.
On October 21, 2009, ICRC Deputy Director Joshua Brewster determined that there was not probable cause to believe that an unlawful discriminatory practice occurred. Myrna Bullock initiated an appeal. On May 12, 2011, the ICRC reversed the finding of no probable cause. At this point, Bullock, who was now of legal age to bring the complaint on her own behalf, was substituted as the complainant.
On May 23, 2012, a hearing was held before ALJ Robert Lange. At the hearing, Bullock's parents testified that Clark provided them with the following reasons for cutting Bullock: 1) he was concerned about her commitment to the team due to the fact that she had consistently failed to attend summer basketball conditioning; 2) younger players were playing at or above Bullock's level; 3) he was choosing players who would help to develop the team for the future; and 4) Bullock had not played at her usual level at summer camp or at tryouts.
When Clark testified at the hearing, the following exchange took place:
Administrative Hearing Tr. p. 276–278.
The decision not to allow Bullock on the team in a limited-play basis was discussed further:
ALJ Lange retired before making a ruling on the case. The commission then appointed Noell F. Allen as ALJ for the ICRC on July 2, 2013. ALJ Allen filed her Proposed Findings of Fact, Conclusions and Order on July 19, 2013, finding that the ICRC had jurisdiction over Bullock's complaint as she was excluded from an opportunity relating to education. ALJ Allen concluded that Ritter had violated the ICRL by cutting Bullock from the girls' basketball team due to her race and ordered Ritter to pay Bullock $75,000.
Ritter filed its objections to the Proposed Findings of Fact, Conclusions and Order on August 2, 2013. ALJ Allen's findings of facts included the following:
...
...
To continue reading
Request your trial-
Lapointe v. Comm'r of Corr.
...trial court” [internal quotation marks omitted] ), trans. denied, 982 N.E.2d 1016 (Ind.2013) ; see also Cardinal Ritter High School, Inc. v. Bullock, 17 N.E.3d 281, 291 (Ind.App.2014) (citing Bunch approvingly for proposition that it is not necessary for reviewing court to defer to postconv......
-
Lapointe v. Comm'r of Corr.
...trial court" [internal quotation marks omitted]), trans. denied, 982 N.E.2d 1016 (Ind. 2013); see also Cardinal Ritter High School, Inc. v. Bullock, 17 N.E.3d 281, 291 (Ind. App. 2014) (citing Bunch approvingly for proposition that it is not necessary for reviewing court to defer to postcon......
-
Roman Marblene Co. v. Baker, Court of Appeals Case No. 93A02–1701–EX–91
...agency charged with enforcing those statutes and regulations is entitled to great weight. Cardinal Ritter High Sch., Inc. v. Bullock, 17 N.E.3d 281, 287 (Ind. Ct. App. 2014) (citations and quotation marks omitted).[13] ICRL reflects our State's public policy to:provide all of its citizens e......