Cobb v. West Virginia Human Rights Com'n

• Decision Date: 14 July 2005
• Docket Number: No. 31854.,31854.
• Court: West Virginia Supreme Court
• Parties: Barbara COBB, Respondent Below, Appellant, v. WEST VIRGINIA HUMAN RIGHTS COMMISSION and Beverly Wattie on behalf of Krystal Wattie, Complainants Below, Appellees.

619 S.E.2d 274

Barbara COBB, Respondent Below, Appellant, v. WEST VIRGINIA HUMAN RIGHTS COMMISSION and Beverly Wattie on behalf of Krystal Wattie, Complainants Below, Appellees.

No. 31854.

Supreme Court of Appeals of West Virginia.

Submitted April 5, 2005.

Decided July 8, 2005.

Dissenting Opinion of Justice Starcher July 14, 2005.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

James M. Haviland, Robert J. Smith, Pyles Haviland Turner & Smith, L.L.P., Charleston, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Paul R. Sheridan, Deputy Attorney General, for Appellee.

BENJAMIN, Justice.

This is an appeal of the West Virginia Human Rights Commission's January 30, 2004 Final Order which adopted an Administrative Law Judge's Final Decision dated August 26, 2003 in its entirety. Upon extensive review of the record before the West Virginia Human Rights Commission ("HRC"), together with the briefs and argument of counsel, we reverse the HRC's January 30, 2004 Final Order for the reasons set forth below.

I. FACTS AND PROCEDURAL HISTORY

In April 2001, Beverly Wattie filed a complaint¹ with the HRC on behalf of her daughter, Krystal Wattie², a student at Riverside High School in Kanawha County, West Virginia at all times relevant, against several parties, including the Appellant Barbara Cobb, a teacher at Riverside High School. An amended complaint was filed on September 20, 2001 asserting claims of racial harassment and reprisal. The amended complaint alleges that, on or about December 5, 2000, prior to and continuing, Krystal Wattie, an African American child, was harassed by her English teacher, Ms. Cobb, due to her race; that Ms. Cobb continued to engage in racial harassment after being instructed not to address Krystal Wattie in October 2000; that, on December 6, 2000, Ms. Cobb informed Krystal Wattie she would have Krystal expelled from school, "get her" and "the fight was not over"; that Ms. Cobb insisted Krystal Wattie be removed from her class during the Fall semester of 1999, a move to which Beverly Wattie objected; and that Ms. Cobb falsely accused Krystal Wattie of not doing her summer reading assignment as an act of reprisal. The amended complaint also included harassment allegations against another teacher and allegations of failure to rectify a racially hostile environment against the Kanawha County Board of Education, Riverside High School and Principal Richard Clendenin.³

After certain discovery, a public hearing was commenced before an Administrative Law Judge on January 14, 2003. The hearing continued on January 15, 2003 and was concluded by the taking of testimony on February 25, 2003. Testimony was taken from Krystal Wattie, Beverly Wattie, Barbara Cobb, Principal Richard Clendenin, several teachers and administrators at Riverside High School during the time in question and a Riverside Student, P.B., who was in Ms. Cobb's class and was Krystal's friend. The testimony provided by these witnesses reveals the following facts.

Riverside High School opened in Kanawha County, West Virginia in 1999, before the 1999-2000 school year began. Appellant Barbara Cobb was a teacher at Riverside High School, teaching Spanish and 9th Grade English classes that year. Krystal began her 9th Grade year at Riverside High School in Fall 1999 when the school opened. Krystal was placed as a student in Ms. Cobb's second semester, first block, 9th Grade English class which began in January, 2000.⁴ Krystal admits that she was often late to Ms. Cobb's class and alleges that Ms. Cobb would then lock her out of the classroom.⁵ There is also evidence that Krystal would talk during class and otherwise be disruptive to the educational process. Krystal also alleges that Ms. Cobb would confuse her with her friend, A.W., another African American student in the class. There appears to have been issues with both Krystal's and A.W.'s conduct in Ms. Cobb's class and in the hallways of Riverside High School, including tardiness, talking in class, noise and general disruptiveness. Two meetings were held between administrators, Ms. Cobb, Krystal and Beverly Wattie regarding the classroom issues. During the first meeting, Ms. Cobb indicated that her problems with Krystal in class centered upon Krystal's tardiness and rudeness — she expected Krystal to come to class on time, not disrupt class and be prepared. Beverly Wattie agreed that those expectations were fair. During the second meeting, it appears that problems were still occurring, although the conduct had "improved." Krystal admits stating race was not an issue during these meetings. Principal Clendenin testified that Krystal admitted during one of the meetings that the problems, i.e., her behavior in class, were because she did not like Ms. Cobb and that race was not mentioned until the end of the 2000-2001 school year. The problems apparently continued and, eventually, both Krystal and A.W. were given the option of being transferred from Ms. Cobb's class. A.W. accepted the transfer, Krystal chose to remain in Ms. Cobb's class.

During Krystal's time in Ms. Cobb's 9th Grade English class, an incident occurred on or about March 22, 2000, in the school's library regarding the turning in of class notebooks for grading. Prior to leaving Ms. Cobb's classroom to go to the library, Ms. Cobb informed the class that they could turn in their notebooks to be graded for extra credit. Not having their notebooks with them, Krystal and P.B. went to their lockers before continuing on to the library. According to Krystal, the incident began when she asked Ms. Cobb for a copy of the syllabus (or rubric) that she was using to grade so she could get her notebook ready.⁶ The incident continued with voices being raised and Krystal leaving the library. Ms. Cobb and Krystal's friend, P.B., stated that Krystal's departure from the library was without permission. Krystal maintains she was told to go to the office.⁷ Krystal received two days ALC⁸ from the administration as discipline for this incident.

Krystal also maintains that Ms. Cobb denied receiving Krystal's summer reading assignment resulting in Krystal not receiving a grade for the same.⁹ Krystal maintains the assignment was timely turned in. Ms. Cobb maintains there is no record that it was ever turned in. Krystal also alleges that Ms. Cobb frequently sent her to the office from class, that Ms. Cobb would respond to her questions in class by stating it was not the right time to ask, and that Ms. Cobb would refuse to give her make-up work after an absence without the intervention of an administrator. Ms. Cobb remained Krystal's 9th Grade English teacher until late March 2000, when Ms. Cobb took leave to undergo cancer treatment.

The record also indicates that Riverside High School was experiencing problems with excessive noise in hallways during its first few years. The excessive noise complaints centered primarily upon a group of students which included Krystal. This included complaints of students in halls during Jump Start¹⁰ and classes. The excessive noise in the hallways was primarily being experienced in the hallway where both Ms. Cobb's classroom and Krystal's locker were located. It appears the administration tried to address this problem with increased faculty presence and monitoring in the hallways. It also appears that the group of students, including Krystal, were given a "talk" by members of Riverside High School's administration regarding proper conduct.

Ms. Cobb returned to Riverside in Fall 2000 at the beginning of the 2000-2001 school year. Krystal was not a student in any of Ms. Cobb's classes at this time. However, her locker remained near Ms. Cobb's classroom door. The record reveals that problems between the two continued, particularly in the hallway near Ms. Cobb's classroom. The record reveals several incidents occurring during the Fall 2000 semester, some of which were witnessed by other teachers or administrators. These incidents included Krystal and her friends making comments to the affect of "just let her say something" when Ms. Cobb would pass. In addition, at times, Krystal and her friends virtually blocked Ms. Cobb's path in the hallway. One incident resulted in Ms. Hopkins, another teacher, taking Krystal away from a confrontation with Ms. Cobb and counseling Krystal not to have a conversation with Ms. Cobb outside the presence of an administrator. There is conflicting evidence on the record as to how the confrontation began, whether Krystal approached Ms. Cobb or vice versa. However, it appears the discussion included Krystal inquiring about Ms. Cobb's "talking about" her. It is undisputed that after Ms. Hopkins took Krystal away, Ms. Cobb approached the two and stated something to the effect that it was a good thing Ms. Hopkins came along when she did because she (Ms. Cobb) did not know what would have happened.

One of the primary hallway incidents occurred on or about October 11, 2000, during the Jump Start period when Ms. Cobb noticed several students at their lockers and instructed them to go to Jump Start.¹¹ Krystal was one of the students at her locker at that time and admitted to ignoring Ms. Cobb's instruction to get out of her locker and move on to class. When Krystal finally exited her locker and started toward class, Ms. Cobb inquired as to why she had not listened when instructed to get out of her locker. Krystal's notes regarding this incident indicate that she did not get out because she was not finished and that she inquired of Ms. Cobb why she (Ms. Cobb) did not say anything to anyone else in the hallway at the time. Ms. Cobb asserts that Krystal approached her after leaving the locker, asked "why are you like this, you always got to say something," made several other comments and "flailed" her fingers in Ms. Cobb's face. Krystal testified that she (Krystal) said "come on, let's go, I'm going to the office." Krystal and her friend, M.A., then...