Cass v. Town of Wayland

• Decision Date: 30 May 2019
• Docket Number: Civil Action No. 17-11441-PBS
• Citation: 383 F.Supp.3d 66
• Parties: Stephen F. CASS, Plaintiff, v. TOWN OF WAYLAND, Wayland Public Schools, Wayland Police Department, Paul Stein, Brad Crozier, Allyson Mizoguchi, and James Berger, Defendants.
• Court: U.S. District Court — District of Massachusetts

383 F.Supp.3d 66

Stephen F. CASS, Plaintiff,

v.TOWN OF WAYLAND, Wayland Public Schools, Wayland Police Department, Paul Stein, Brad Crozier, Allyson Mizoguchi, and James Berger, Defendants.

Civil Action No. 17-11441-PBS

United States District Court, D. Massachusetts.

Filed May 30, 2019

Benjamin L. Hincks, Kristen S. Scammon, Ryan A. Rucki, Torres, Scammon, Hincks & Day, LLP, Boston, MA, Todd D. White, Ali Khorsand, Jamie J. Bachant, Adler Pollock & Sheehan P.C., Providence, RI, for Plaintiff.

Adam Simms, John J. Davis, John M. Wilusz, Pierce, Davis & Perritano, LLP, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

Hon. Patti B. Saris, Chief United States District Judge

INTRODUCTION

This case stems from the decision not to renew Plaintiff Stephen F. Cass's position as athletic director of the Wayland Public Schools. Cass asserts that his contract was not renewed in retaliation for his bringing Title IX concerns about gender equity and questionable budgetary and fundraising practices in Wayland's sports programs to school officials' attention. Cass also claims he was arrested and prosecuted for not returning a used school laptop in retaliation for his exercise of his First Amendment rights. Defendants contend that he was not renewed for entirely performance-driven reasons. Cass has sued the Town of Wayland, and other institutional and individual defendants, alleging: unlawful retaliation and discrimination in violation of Title IX (Count I); unlawful retaliation and termination in violation of the Massachusetts Whistleblower Act (Count II); malicious prosecution (Count III); intentional infliction of emotional distress (Count IV); violations under 42 U.S.C. § 1983 and Mass. Gen. Laws ch. 12, § 11H (Count V); defamation (Count VI); and intentional interference with contractual relations (Count VII). Defendants move for summary judgment on all counts. After hearing, the Court ALLOWS IN PART and DENIES IN PART Defendants' motion (Docket No. 76).

BACKGROUND

Unless otherwise noted, the following facts are undisputed.

I. First Year (2013-2014)

In the spring of 2013, Stephen F. Cass applied to be the athletic director for the Wayland Public Schools ("WPS") in Wayland, Massachusetts. During the interview, Dr. Paul Stein, superintendent of WPS, told Cass about the "need to tighten up on the athletic budget a little bit." Docket No. 96-1 at 5. Cass signed a 1-year employment contract for the 2013-2014 school year on July 31, 2013.

John Ritchie served as Wayland High School ("WHS") interim principal for the 2013-2014 school year. An ongoing source of tension between the athletic coaches and Cass was the athletic department's budget and the school's fundraising policy for sports teams. Principal Ritchie and Assistant Superintendent Brad Crozier were helpful throughout the fall in supporting Cass's efforts to restrict expenditures. On November 24, 2013, Cass sent Superintendent Stein an email emphasizing his concerns about the imbalance in fundraising between different sports teams, and a resulting disparity in funding between the boys' and girls' sports teams. On January 6, 2014, Cass provided the Wayland School Committee with an overview of some of the fiscal issues facing the athletic department. As reported in the meeting's minutes, Stein "praised [Cass's] efforts in taking on a vast number of issues related to the athletic program in his first year as Athletic Director." Docket No. 81-12 at 2.

In early February 2014, Assistant Principal Allyson Mizoguchi was chosen as the next principal of WHS, to begin in July 2014. Throughout the spring, Cass continued to meet frequently with school officials concerning fundraising, fiscal issues, and problems with specific coaches. On May 21, 2014, Cass met with Principal Ritchie, Assistant Principal Mizoguchi, and Scott Parseghian – head football coach and another assistant principal at WHS – to review the year.

Ritchie's term as interim principal ended on June 30, 2014. At that time, Ritchie provided Cass with a generally favorable performance evaluation. He stated that given the challenges Cass faced, "he did a good job in his first year in many ways, most particularly in beginning to bring order and control to expenditures, and imposing certain restrictions on how monies are spent." Docket No. 81-20 at 2. But Ritchie also pointed out two areas where Cass could improve:

The first involves spending significant time trying to build supportive relationships with the coaching staff, and indeed with the teaching staff at the school. The second involves eliciting administrative support for any initiatives, alterations, or restrictions that need to be implemented, so that difficult changes or decisions are not perceived as emanating solely from the Athletic Director.

Id. One part of this, Ritchie continued, was for Cass to work on his "tendency to see himself as, and then be seen as, the ‘new sheriff’ in town." Id.

II. Second Year (2014-2015)

In mid-June 2014, Cass entered into a second 1-year employment contract to serve as the athletic director for the 2014-2015 school year. Like the first contract, the second contract provided that "[i]f the Superintendent intends to reappoint Stephen Cass at the end of this contract, he will so notify Stephen Cass of that intention before April 1 of the year in which the contract would terminate." Docket No. 81-21 at 2.

A. Fundraising Guidelines

Throughout the summer, Cass continued to discuss fiscal concerns about fundraising with now-Principal Mizoguchi. In mid-August, Cass sent an email to select parents of student-athletes to advise them of an informational meeting later that month to discuss, among other things, team fundraising policies. Additionally, at Cass's request, at the beginning of the 2014-2015 school year, Mizoguchi sent a letter to all WHS coaches containing new fundraising guidelines. On September 1, 2014, Cass sent Mizoguchi an email in which he stated that after "doing a lot of thinking [the past] weekend over the fiscal state of Wayland athletics and [his] role in fixing it," he "realized that [he was] totally alone on an island regarding the issue of fiscal responsibility – at odds with select coaches, schools administrators and ... parents." Docket No. 81-28 at 2. Cass told Mizoguchi that he would like a meeting with her, Stein, Parseghian, and a member of the school committee to further discuss his concerns.

B. Tension with Coaches

At the same time, Cass's relationship with some of WHS's coaches was becoming strained. In August, Cass had tense exchanges with Guy Enoch – the WHS girls' soccer coach – and Dave Gavron - the WHS boys' soccer coach. On September 8, 2014, Mizoguchi emailed Crozier and Stein, stating in part:

I am struggling with supporting Stephen Cass and could really use a bit of time with either or both of you to get some advice.... [H]e is frustrating some coaches both because of these new practices (coaches are accustomed to having a long leash) and sometimes because of his interpersonal manner. I have mediated two difficult conversations between him and a coach in the last two weeks.

...

This is a point of transition for Athletics, and I have tried to understand and support Stephen with many of his ideas for change.... At the same time, I am feeling that I am spending a lot of (too much?) time on Athletics issues.

Docket No. 81-29 at 2.

Two days later, Cass emailed Mizoguchi with additional complaints about Parseghian, Gavron, and Sean Chase – the wrestling coach - because of perceived violations of school policies. Cass also noted Title IX concerns, stating:

We have three people/programs that have consumed so much of my time and energy over the last two years – football, wrestling, BSoccer ... the old guard.

The latter two have been by far the most selfish with their resources, and football works independently of the school and is a walking Title IX violation.

Docket No. 81-30 at 4 (alteration in original). On September 12, 2014, Mizoguchi responded to Cass's complaints in part, and expressed her view that his last voicemail to her was a "rant" and that his comments about coaches were "pretty caustic and unproductive." Id. at 6; Docket No. 81-31 at 2. She did not appear to address his Title IX statement. Later that evening, Mizoguchi forwarded the email chain to Crozier, stating that she had "stopped trusting that Stephen's communication can be civil or productive." Docket No. 81-32 at 2.

C. "A Walking Title IX Violation"

On September 15, 2014, a WHS parent emailed Cass his thoughts in response to the informational meeting Cass held with select parents in late August. Cass forwarded the parent's email to Stein, Crozier, Mizoguchi, and others stating:

Hello All,

I am beyond exhausted being the lightening rod for all the fiscal problems in athletics. I did amazing things bringing us close to budget last year – and took lots and lots of abuse from parents and coaches to make that happen.

WHS athletics is a walking Title IX violation. The gender inequity is atrocious and has been so for some time. However, I cannot bring fairness and equity to the program by myself.

I would like some public support for [sic] the administration and school committee on these issues. Otherwise, this is a losing battle and I'm not going to fight it alone any longer.

Thank you,

Stephen Cass

Docket No. 81-33 at 2. This was the first time Cass raised Title IX concerns with Stein and Crozier, although he had voiced his concerns to Mizoguchi earlier in the month. Stein instructed Crozier to meet with Cass about the allegations. At the time, Crozier oversaw WPS's human resources function, including Title IX complaints. Crozier immediately responded to Cass: "This is the first time that you are expressing a concern about a Title IX issue. I would like to hear more about the specifics, so that we can officially look into the concern and address any issues. Please set up a meeting with me to discuss ASAP." Docket No. 81-33 at 2.

At the time of Cass's email, the WHS...