Cole v. Wake Cnty. Bd. of Educ.

• Decision Date: 28 February 2020
• Docket Number: No. 5:16-CV-765-D,5:16-CV-765-D
• Citation: 494 F.Supp.3d 338
• Court: U.S. District Court — Eastern District of North Carolina
• Parties: Wanza COLE, Plaintiff, v. WAKE COUNTY BOARD OF EDUCATION, Defendant.

494 F.Supp.3d 338

Wanza COLE, Plaintiff,

v.WAKE COUNTY BOARD OF EDUCATION, Defendant.

No. 5:16-CV-765-D

United States District Court, E.D. North Carolina, Western Division.

Signed February 28, 2020

James E. Hairston, Jr., Hairston Lane Brannon, PA, Raleigh, NC, for Plaintiff.

Colin Alexander Shive, David B. Noland, Adam S. Mitchell, Tharrington Smith, LLP, Raleigh, NC, for Defendant.

ORDER

JAMES C. DEVER III, United States District Judge

Wanza Cole ("Cole" or "plaintiff"), an African-American female, alleges that the Wake County Board of Education (the "Board" or "defendant") racially discriminated and retaliated against her in violation Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 et seq. See Am. Compl. [D.E. 46] ¶¶ 86-131; [D.E. 57]. On October 7, 2019, the Board moved for summary judgment [D.E. 66] and filed a statement of material facts, documents, and a memorandum in support [D.E. 67, 68, 69]. On December 12, 2019, Cole responded in opposition [D.E. 79] and filed a statement of material facts and documents [D.E. 80, 81]. On December 13 and 19, 2019, Cole filed additional documents [D.E. 82, 84]. On January 10, 2020, the Board replied [D.E. 85]. As explained below, the court grants the Board's motion for summary judgment.

I.

Cole began working as principal at West Cary Middle School ("WCMS") in 2007. See Am. Compl. [D.E. 46] ¶ 11. At all times relevant in this case, Tim Locklair ("Locklair"), the Wake County Public School System ("WCPSS") Area Superintendent, was Cole's supervisor. See Locklair Aff. [D.E. 68-4] ¶ 3; Am. Compl. ¶ 16. Dr. Bryan Martin ("Martin") was the WCPSS Senior Director of Employee Relations. See Martin Pep. [D.E. 68-14] 1; Am. Compl. ¶ 15. Martin supervised Mary Swann ("Swann"), a Senior Administrator for Employee relations who investigated employee conduct issues at Martin's request. See Swann Aff. [D.E. 68-2] ¶ 4. Douglas Thilman was the WCPSS Assistant Superintendent for Human Resources. See Martin Dep. [D.E. 68-14] 1. Dr. James Merrill ("Merrill") was the WCPSS Superintendent. See Merrill Dep. [D.E. 68-22] 1. Cathy Moore ("Moore") was the WCPSS Assistant Superintendent. See Moore Dep. [D.E. 68-13] 1. Sally Reynolds ("Reynolds") facilitated WCPSS's North Carolina Educator Effectiveness System ("NCEES"), an online tool for teacher evaluations and other school-related resources. See Reynolds Dep. [D.E. 68-24] 1-2.

On November 20, 2014, Melissa Jones, a teacher at WCMS, emailed Thilman a letter from Jones and another WCMS teacher, Heather McGarry, stating that Cole "belittled, harassed, and individually called out [teachers] in front of their peers." Martin Dep. Ex. 1 [D.E. 84-7] 2. Additionally, Jones and McGarry stated that during the 2013-14 school year, "there were multiple staff members who were not observed" and yet "were asked to sign an end of the year observation form," a "pattern" that Jones and McGarry state "continued for the 2014-15 school year." Id.

The North Carolina State Board of Education Policy establishes the public school teacher evaluation process. See Locklair Aff. Exs. 1, 2 [D.E. 68-5, 68-6]. Generally, the policy required school administrators to perform annual evaluation of teachers. See [D.E. 68-5] 1, 4; [D.E. 68-6] 1, 5. The annual evaluation policy included an observation component stating that "[d]uring observations, the principal ... shall note the teacher's performance in relationship" to the applicable state-mandated standards. See [D.E. 68-5] 2; [D.E. 68-6] 3. Additionally, the policy provides that "the principal shall ... secure the teacher's signature" on the appropriate evaluation forms. See [D.E. 68-5] 3; [D.E. 68-6] 4. The Board adopted a policy implementing the state-mandated evaluation process. See [D.E. 68-7]. WCPSS Human Resources created an evaluation calendar which described the steps involved in a typical evaluation process, directs teachers to the NCEES evaluation website, and establishes an evaluation time line. See [D.E. 68-8, 68-9]. The evaluation calender notes that it "is strictly for guidance and creates no additional rights for the employee." [D.E. 68-8] 3; [D.E. 68-9] 4. Cole had copies of the evaluation calenders. See [D.E. 68-26] 16-17.

Thilman sent Jones's and McGarry's letter to Martin. See Martin Dep. Ex. 1 [D.E. 84-7]. Thilman asked Martin to investigate the allegations concerning teacher evaluations. See Martin. Dep. [D.E. 68-14] 2-3. Martin conducted a "spot-check" of the NCEES system, and on December 16, 2014, Martin met with Cole at WCMS regarding the allegations. Id. at 4-5. Martin told Cole that he was concerned about WCMS's evaluation process, that he would conduct a "random sample" of teachers, and that Swann would interview teachers. Id. at 5-6. During the 2013-14 school year, Thilman sent numerous emails describing NCEES technical issues and detailing procedures that teachers and administrators should follow to address those issues. See Reynolds Dep. Ex. 3 [D.E. 84-18] 1-26. Reynolds testified that she was "not aware of any school having an issue with widespread missing data" in NCEES for 2013-14. See Reynolds Aff. [D.E. 68-3] ¶ 6. Cole claims that she had, in fact, conducted teacher evaluations, and that the NCEES system did not reflect her completed evaluations. See Cole. Dep. [D.E. 68-26] 33; Martin Dep. [D.E. 68-14] 4-5.

After Martin's meeting with Cole on December 14, 2014, Martin asked Swann to examine the NCEES data for WCMS during the 2013-14 school year. See Martin Dep. [D.E. 68-14] 6-7. Swann examined the data and compiled her results in a spreadsheet. See Martin Dep. Ex. 14 [D.E. 84-8] 4-13; Swann Aff. [D.E. 68-2] ¶ 6. Martin then asked Swann to interview ten teachers at WCMS. See Martin Dep. Ex. 3 [D.E. 68-16] 2; Swann Aff. [D.E. 68-2] ¶ 12. In January 2015, Swann conducted teacher interviews as requested and her "interviews confirmed that there were serious concerns with the teacher evaluation process at [WCMS]." Swann Aff. [D.E. 68-2] ¶¶ 12-15. On February 11, 2015, Cole, Martin, and Locklair met to discuss the teacher interviews. See Am. Compl. ¶ 26; Locklair Aff. [D.E. 68-4] ¶ 10. During the meeting, Cole "did not dispute the accuracy of any of the information shared with her," but stated that she "would get the necessary observations completed." Locklair Aff. [D.E. 68-4] ¶¶ 10-11. On February 19, 2015, Martin and Swann sent Thilman and Locklair a letter detailing "WCMS Evaluation Concerns." Martin Dep. Ex. 3 [D.E. 68-16]. The letter summarized Swann's and Martin's findings to date, discussed Martin's interviews with teachers, and noted Locklair's and Martin's discussion with Cole during the February 11 meeting. See id. at 1-7. Additionally, Swann and Martin concluded that "a substantial pattern of noncompliance with, and neglect of, the state and local mandated evaluation process" existed at WCMS for 2013-14. Id. at 6.

On February 27, 2015, Thilman and Locklair met with Cole to discuss the findings in Martin's and Swann's February 19 letter. See Locklair Aff. [D.E. 68-4] ¶ 13. At that meeting, Locklair testified that Cole "did not substantively respond to the concerns" in Swann's and Martin's February 19 letter. Id.

On April 6, 2015, Locklair sent Cole a letter recounting the February 27, 2015 meeting with Locklair and Thilman, reiterating the findings of Martin's and Swann's investigation, and expressing the need for Cole's improvement with teacher evaluations. See Locklair Aff. Ex. 6 [D.E. 68-10] 1-8. On April 9, 2015, Locklair conducted a mid-year review with Cole and rated Cole as "not progressing" on her personal goal of Human Resources Leadership relating to teacher evaluations. Locklair Aff. [D.E. 68-4] ¶ 17. Following the review, Locklair, Martin, Thilman, and Moore began to discuss transferring Cole to another position within WCPSS. See id. at ¶ 9.

On May 28, 2015, Locklair conducted a year-end review with Cole and rated Cole as "Developing" in "Standard IV-Human Resource Leadership." Id. at ¶22. Locklair stated that the rating related to Cole's "failure to appropriately implement the teacher evaluation process, and the limited progress in that area." Id. Following the review, the Board reassigned Cole to a position in the WCPSS Central Office as the Director of Intervention Services ("DIS"). See id. at ¶ 23. On June 23, 2015, Thilman sent Cole a formal notice of reassignment to the DIS position. See Cole Dep. Ex. 10 [D.E. 84-15] 1. In the letter, Thilman stated that, as DIS, Cole would "provide critical leadership to the school system's ... coaches and coordinating teachers," and that the position is "aligned with the significant role of providing behavior support to our schools." Id. Thilman also noted that July 1, 2015, would be the effective date for Cole's role as DIS. See id.

On July 14, 2015, Cole filed a "Charge of Discrimination" with the Equal Employment Opportunity Commission ("EEOC") concerning the reassignment. See Am. Compl. ¶¶ 83-84. On July 29, 2015, Cole began the WCPSS grievance process, and the Board held the "level one" grievance hearing. See Locklair. Aff. Ex. 8 [D.E. 68-12] 1. On August 10, 2015, Thilman sent Cole a written response to her grievance explaining that the DIS position provided leadership opportunities, that Cole would maintain her salary and benefits, and that the Board did not view the transfer as a demotion. See id. at 1-2. In that letter, Thilman reiterated the role of DIS as one in which Cole would be "responsible for providing leadership over critical district[-]wide programs such as PBIS, budget responsibility, as well as developing district policies, regulations, and procedures and supervising and evaluating program staff." Id. The decision to transfer Cole was upheld during the WCPSS grievance process. See Merrill Dep. [D.E. 68-22].

Cole never reported to work as the DIS. See Cole Dep. Ex. 11 [D.E. 68-28] 1. From the start date for her role as DIS until October 20, 2016, Cole used accrued sick leave. See id. On March 7, 2017, Martin...