Dick v. Wood Hole Oceanographic Institution
| Decision Date | 26 July 2021 |
| Docket Number | 21-cv-10007-DJC |
| Parties | HENRY J.B. DICK, Ph.D., Plaintiff, v. WOOD HOLE OCEANOGRAPHIC INSTITUTION and KATHI BENJAMIN, Defendants. |
| Court | U.S. District Court — District of Massachusetts |
Plaintiff Henry J.B. Dick, Ph.D. ("Dick") has filed this lawsuit against Defendants Wood Hole Oceanographic Institution ("WHOI") and Kathi Benjamin ("Benjamin") (collectively, "Defendants") alleging age discrimination in violation of the Age Discrimination and Employment Act ("ADEA"), 29 U.S.C. § 621, et seq. (Count I against WHOI) age discrimination in violation of the Massachusetts Fair Employment Practices Act, Mass. Gen. L. c. 15 IB § 4 (Count II against WHOI and Benjamin), gender discrimination in violation of Title IX, 20 U.S.C. § 1681, et seq. (Count III against WHOI), breach of contract (Count IV against WHOI), breach of the implied covenant of good faith and fair dealing (Count V against WHOI), tortious interference with advantageous relations (Count VI against WHOI and Benjamin) and defamation (Count VII against WHOI). D. 1. Defendants have moved to dismiss Counts I thai VI. D 14. For the reasons stated below, the Court ALLOWS the motion.
On a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6), the Court must determine if the facts alleged "plausibly narrate a claim for relief." Schatz v. Republican State Leadership Comm, 669 F.3d 50, 55 (1st Cir. 2012) (citation omitted). Reading the complaint "as a whole," the Court must conduct a two-step, context-specific inquiry. Garcia-Catalan v. United States, 734 F.3d 100, 103 (1st Cir. 2013). First, the Court must perform a close reading of the claim to distinguish the factual allegations from the conclusory legal allegations contained therein. Id. Factual allegations must be accepted as true, while conclusory legal conclusions are not entitled credit. Id. Second, the Court must determine whether the factual allegations present a "reasonable inference that the defendant is liable for the conduct alleged." Haley v. City of Boston, 657 F.3d 39, 46 (1st Cir. 2011) (citation omitted). In sum, the complaint must provide sufficient factual allegations for the Court to find the claim "plausible on its face." Garcia-Catalan, 734 F.3d at 103 (citation omitted).
The following summary of facts is based upon the allegations in the complaint, which the Court must assume to be true for the purpose of resolving the motion to dismiss. Dick is a Senior Scientist with tenure at WHOI, a not-for-profit corporation dedicated to ocean research, exploration and education. D. 1 ¶¶ 1, 2, 11. His tenure rights as a Senior Scientist with tenure are delineated in WHOI's "Appointments and Promotion Procedures for the Scientific and Technical Staffs and Departmental Assistants" Policy (the "Blue Book"). Id. ¶ 13. Given Dick's tenure status, according to the Blue Book, he may only be terminated "for cause" or as a result of "financial exigency." Id
A. The Ocean Research Cruise
Dick's research focuses on how the Earth's crust is formed at ocean ridges and the relationship between mantle flow, melting and ridge tectonics. Id. ¶ 16. As part of his research, Dick participates and leads ocean research cruises to collect data and survey the ocean floor. Id. ¶ 17. His primary source of funding for ocean research cruises is the National Science Foundation ("NSF"), an independent federal agency. Id. ¶ 18. Between February 21, 2019 and March 28, 2019, Dick was the Chief Scientist of a scientific research cruise (the "Cruise") aboard the RV Thomas G Thompson (the "RV Thompson"). Id. ¶ 21. The Cruise took place in the Indian Ocean, id., and was funded by NSF through a grant and cooperative agreement with the University of Washington's ("UW") School of Oceanography. Id. ¶ 22. Dick was the Principal Investigator for the proposal that led to the Cruise. Id. ¶ 24. Planning for the Cruise began in 2018, id ¶ 25, and Dick was in regular communication with senior members of the scientific party, representatives from NSF and the University-National Oceanographic Laboratory System ("UNOLS") and UW employees (collectively, the "UW Planning Group"), id ¶ 26. Dredging technician Justin Smith ("Smith") also participated in some of the Cruise planning. Id. ¶¶ 26, 37. Dredging is a method by which samples are collected from the ocean floor. Id. ¶ 27. Dick proposed to the UW Planning Group, during pre-cruise planning, that they use power dredging on the Cruise, as rough weather conditions and rough topography were expected in the area. Id
On February 13, 2019, eight days before the Cruise, Dick learned that Captain Russell DeVaney ("DeVaney"), with whom he had corresponded in advance of the Cruise, was being replaced by Captain Eric Haroldson ("Haroldson"). Id. ¶ 34. Once the Cruise began, issues arose due to disagreements between Dick and Smith over dredging techniques. Id. ¶ 37. Smith insisted on using the "inch-worm" dredging technique, arguing that any other technique was unsafe. Id ¶¶ 37, 42. Haroldson agreed with Smith that power dredging-Dick's preferred technique-was unsafe in rough weather, id ¶ 44, and the "inch-worm" dredging technique was ultimately used, id. ¶¶ 38-39. Dick believes this choice of technique resulted in the Cruise's loss of over fifty percent of the anticipated successful dredge hauls. Id. ¶ 38.
B. Conflicts During the Cruise
Dick had some conflicts during the Cruise. In one instance, Dick spoke with Sonia Brugger ("Brugger"), marine technician, to ask why dredging had not yet begun despite the Cruise having arrived at its dredging location an hour early. Id. ¶ 46. When Brugger explained that dredging was not scheduled to begin for another hour, Dick argued that the normal routine for such operations is to dredge upon arrival. Id. Dick and Brugger both raised their voices at each other during this argument. Id. In the second instance, Dick stepped under plastic tape on the deck to take photos of an albatross that had landed close to the ship's stern. Id. ¶ 48. Dick believed he was in no danger because, among other things, dredging was not set to begin for another fifteen to twenty minutes. Id. Brugger yelled at Dick to get off the deck, to which Dick responded that there were no safety issues based on his years of experience dredging. Id. Shortly after said incident, on March 11, 2019, Brugger emailed Loren Turtle ("Turtle"), Supervisor of Shipboard Science Support Group at UW, that Dick had informed her that Id. ¶¶ 81-82.
Smith also emailed a friend during the Cruise about Dick, including such statements as, "[j]ust living the dream as the dredging tech for a real ass of a chief scientist!" and referring to Dick as a "curmudgeon." Id. ¶ 51. Smith noted in the email that Dick preferred techniques no longer implemented in "this day and age." Id. Dick claims that despite these "issues," he made various attempts to get along with everyone on the Cruise. Id. ¶¶ 52-53.
C. Post-Cruise Investigation Conducted by WHOI
Two days before the end of the Cruise, on March 26, 2019, James Austin ("Austin") of the UNOLS Fleet Improvement Committee ("FIC") contacted Dick. Id. ¶ 54. In response to Austin's email, Dick explained issues he encountered on the Cruise. Id. ¶ 55. Dick's email noted the team's reluctance to dredge in rough waters and the Cruise's failure to meet most of its objectives. Id. Dick asked Austin to hold off on passing along his summary to Haroldson until the Cruise ended. Id. ¶ 56. On April 6, 2019, Larry Madin ("Madin"), former WHOI Deputy Director and Vice President for Research, emailed Dick about an alleged interpersonal incident on the Cruise. Id. ¶ 63. He directed Dick to hold his UNOLS Post Cruise Assessment Report ("PCAR") until after he and Dick met. Id. Dick responded that he was happy to meet with Madin but noted that his PCAR was going to be very negative. Id. ¶ 64. On April 8, 2019, two days later, Haroldson submitted his PCAR. Id. ¶ 65. In the PCAR, Haroldson claimed that Dick proposed unsafe dredging techniques and that Dick was constantly confronting the watch mates with changing instructions about where and when to dredge. Id. Haroldson further claimed that Dick attempted to get the second and third mates to dredge in defiance of his authority. Id
Dick forwarded Madin his earlier email exchange with Austin from March 26, 2019, id ¶ 67, and identified a member of the scientific party who also had issues with Brugger, id ¶ 68. Madin informed Dick that he did not need to bring any witnesses to the meeting and that Madin had already received input. Id. ¶ 69. According to Dick, WHOI contacted two of the witnesses Dick initially suggested WHOI contact. Id. Benjamin, WHOI's Senior Director of Human Resources and Equal Employment Opportunity ("EEO") Officer, also separately told Dick not to submit further information for WHOI's investigation. Id. ¶¶ 3, 70. She also told Dick not to ask witnesses to the events on the Cruise to provide information, stating that "[r]eaching out to others on the cruise, and in particular anyone directly involved in whatever the incident was, should be avoided." Id. On April 10, 2019, Dick met with Madin and Benjamin. Id ¶76. At the meeting, they informed Dick that there had been a complaint and there would be an investigation. Id. UW conducted its investigation by reviewing fifteen written statements from its employees and contractors and conducted one interview with Brugger. Id. ¶ 77....
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