Douglas v. Brookville Area Sch. Dist.

• Citation: 281 Ed. Law Rep. 154,836 F.Supp.2d 329
• Decision Date: 08 December 2011
• Docket Number: Civil Action No. 10–1087.
• Parties: Lisa DOUGLAS, individually and as the parent and natural guardian of K.E., a minor, Plaintiffs, v. BROOKVILLE AREA SCHOOL DISTRICT; Sandra Craft, Superintendent of the Brookville Area School District; and Karin Hetrick, Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

836 F.Supp.2d 329

281 Ed. Law Rep. 154

Lisa DOUGLAS, individually and as the parent and natural guardian of K.E., a minor, Plaintiffs,

v.BROOKVILLE AREA SCHOOL DISTRICT; Sandra Craft, Superintendent of the Brookville Area School District; and Karin Hetrick, Defendants.

Civil Action No. 10–1087.

United States District Court, W.D. Pennsylvania.

Dec. 8, 2011.

James J. Ross, Bowers, Ross & Fawcett, Ambridge, PA, for Plaintiffs.

Thomas E. Breth, Dillon, McCandless, King, Coulter & Graham, Butler, PA, Robbie M. Taylor, The Taylor Law Firm, Brookville, PA, Blair H. Hindman, Garbarino, Neely, Hindman & Huwar, Clarion, PA, for Defendants.

MEMORANDUM OPINION AND ORDER OF COURT

TERRENCE F. McVERRY, District Judge.

I. Introduction

Before the Court for disposition are the Plaintiff's MOTION FOR SUMMARY JUDGMENT ( ECF No. 55 ), along with her supporting brief, supplement and exhibits ( ECF Nos. 56–58 ), the Defendants' MOTION FOR SUMMARY JUDGMENT ( ECF No. 59 ), along with their supporting brief and exhibits ( ECF No. 60 ), and the responsive filings presented by the parties ( ECF Nos. 61–69 ). For the reasons that follow, the Defendants' motion for summary judgment will be granted, and the Plaintiff's motion for summary judgment will be denied in part.

II. Background

K.E.¹ is a female who was born on April 13, 1994. ECF Nos. 59 & 68 at ¶ 6.² She was enrolled as a sophomore at Brookville High School (“Brookville”) during the 2009/2010 school year. ECF Nos. 55 & 62 at ¶ 97. Shannon Shaffer (“Shaffer”), a senior at Brookville, became acquainted with K.E. through band-related activities. Id. at ¶ 123. Karin Hetrick (“Hetrick”), a female, was a mathematics teacher and girls' softball coach at Brookville. Id. at ¶ 97. Hetrick's daughter, Brynna Hetrick (“Brynna”), was a senior at Brookville and one of Shaffer's best friends. Id. at ¶ 125.

K.E. was in a trigonometry class taught by Hetrick during the first semester of her sophomore year. ECF No. 59–25 at 12. She was also a member of the Brookville girls' soccer team. ECF Nos. 55 & 62 at ¶ 98. The team lost a playoff game to the Karns City girls' soccer team in November 2009. Id. at ¶ 99. Shortly thereafter, Hetrick sent K.E. a text message inquiring as to how the game had gone. Id. at ¶ 99. Hetrick used K.E.'s cellular telephone number to send the message. Id. The number had been given to Hetrick by Shaffer earlier that day. Id. Hetrick asked Shaffer about K.E.'s sexual orientation a few weeks after sending the text message. Id. at ¶ 100.

Hetrick and K.E. were both members of a band preparing to play in a school musical. ECF No. 55 at ¶ 102.³ Brookville had a policy prohibiting teachers from using their personal vehicles to transport students except where specifically permitted by a policy promulgated by the School Board. Id. at ¶ 111. Nevertheless, Hetrick sometimes transported K.E. to and from band practice. Id. at ¶ 102. Hetrick also drove K.E. to and from the Young Men's Christian Association (“YMCA”) in Brookville, where K.E. regularly exercised. Id. at ¶ 105. K.E. frequently visited Hetrick in her classroom around this same period of time. Id. at ¶ 103. They often played board games in Hetrick's classroom after classes had ended. Id. at ¶ 107. K.E. later started to take piano lessons at Hetrick's residence. Id. at ¶ 106. Hetrick transported K.E. to and from these lessons. Id.

Hetrick attended a basketball game on December 12, 2009. ECF No. 55–10 at 24. During the game, K.E. sent a text message indicating that her mother was not home and asking Hetrick to visit her house. Id. Hetrick proceeded to K.E.'s residence. Id. When Hetrick entered the residence, she was “embraced” by K.E. Id. K.E. proceeded to play music on her drums with Hetrick present. Id. During the ensuing three and a half months, K.E. and Hetrick frequently “embraced” and “kissed” each other in Hetrick's classroom. Id. at 24–25.

Between January and March of 2010, K.E. and Hetrick had several intimate encounters inside of Hetrick's vehicle, Hetrick's house, and a storage room that was adjacent to a school gymnasium. Id. at 26–27. In addition to “kissing” and “embracing,” some of these encounters involved “fondling” and the “inappropriate penetration” of K.E.'s vagina. Id. Hetrick sometimes fondled K.E. underneath her clothes. Id. at 27. K.E. occasionally disrobed during the encounters inside of Hetrick's vehicle. Id. K.E. and Hetrick engaged in intimate “kissing,” “hugging” or “touching” on 50 to 60 different occasions. Id. at 29. They frequently exchanged text messages and “inappropriate” photographs on their cellular telephones during this same period of time. Id.

Brynna started to notice that K.E. was constantly in Hetrick's classroom during study halls and after school. ECF No. 55 at ¶ 128(f). Brynna told Shaffer that she felt like K.E. was “replacing” her as Hetrick's daughter. Id. Shaffer discussed the situation with Timothy F. Stevenson (“Stevenson”), Brookville's music teacher and band director, on three separate occasions. Id. at ¶ 128(c).

On March 22, 2010, Brynna went to Hetrick's classroom in order to get some money. Id. at ¶ 132. Hetrick was not in the room, but her cellular telephone was sitting on her desk. Id. Brynna accessed the text messages on the phone and observed that several sexually suggestive messages had been exchanged between her mother and K.E. Id. At that time, Hetrick and K.E. were inside of the storage room of the gymnasium. Id. Brynna proceeded to the gymnasium and saw her mother and K.E. coming out of the storage room. Id. at ¶ 133. Having become aware of the situation, Brynna “stormed” out of the school and showed one of the text messages to Shaffer. ECF No. 55–12 at 32. The message, which had been sent by Hetrick to K.E., referred to an individual who was “excited” and “wet.” ECF No. 59–70 at 13. Brynna then telephoned her older sister, Tia Hetrick (“Tia”), and insisted that she speak with Shaffer. ECF No. 55–12 at 32. At Brynna's request, Shaffer described the content of the text message to Tia. Id. After speaking with Shaffer, Tia contacted Hetrick and confronted her about her relationship with K.E. Id.

Brynna and Shaffer went to the residence of their friend, Logan Sneel (“Sneel”), to spend the night. ECF No. 59–70 at 13. Hetrick sent a text message to Shaffer advising that her family was aware of the relationship, that she was going to speak with K.E.'s parents about the matter, and that she was prepared to submit her resignation to Brookville. Id. at 14. Hetrick apparently sent the text message to Shaffer after learning from her husband that Brynna was with Shaffer at Sneel's residence. Id. K.E. did not know that Brynna had uncovered the relationship until a few hours later, when Hetrick sent her a text message stating that the relationship would have to end. ECF No. 62–2 at 42. Later that evening, Shaffer contacted K.E. and informed her that Brynna had discovered the inappropriate text message on Hetrick's phone. Id.

At 7:40 A.M. on the morning of March 23, 2010, Shaffer met with Stevenson, described the content of the text messages sent by Hetrick, and advised that Hetrick's relationship with K.E. had been inappropriate. ECF No. 55 at ¶ 135. Shortly thereafter, K.E. spoke with Shaffer and acknowledged that her relationship with Hetrick had been sexual in nature. Id. at ¶ 136. Shaffer encouraged K.E. to speak with Stevenson and escorted her to his office. Id. K.E. met with Stevenson at lunchtime and admitted that her relationship with Hetrick had involved hand-holding, kissing and touching. Id. at ¶ 137.

Stevenson reported the matter to Keith Wolfe (“Wolfe”), Brookville's principal, at 9:20 A.M. on the morning of March 24, 2010. Id. at ¶ 140. After meeting with Stevenson, Wolfe and Sandra Craft (“Craft”), Brookville's superintendent, pulled Shaffer out of class and asked her what she knew about K.E.'s relationship with Hetrick. Id. at ¶ 142. Shaffer described the text messages that Brynna had discovered on Hetrick's phone and stated that K.E. and Hetrick had engaged in intimate activities. Id. at ¶ 143. Wolfe and Craft went to Hetrick's classroom and advised that they would be speaking with her at 12:25 P.M. about her relationship with a student. Id. at ¶ 145.

K.E. was in a class being taught by Amanda Carrico (“Carrico”). Id. at ¶ 147. Hetrick telephoned Carrico and asked for an opportunity to speak with K.E. in a nearby hallway. Id. Carrico honored the request and instructed K.E. to meet Hetrick in the hallway. Id. Hetrick and K.E. proceeded to discuss the matter. Id. at ¶ 148. After speaking with K.E., Hetrick decided to meet with Wolfe and Craft at 11:20 A.M. instead of waiting until 12:25 P.M. Id. at ¶ 150. During the meeting, Hetrick acknowledged that her relationship with K.E. had been inappropriate. Id. at ¶¶ 150–151. Craft informed Hetrick that she was being placed on administrative leave. ECF No. 62 at ¶ 146.

That same day, Officer Vince Markle (“Markle”), a member of the Brookville Police Department, stopped by the school and spoke with Wolfe. ECF No. 55 at ¶ 155. Wolfe informed Markle that the school was conducting an investigation but did not provide any details. Id. Wolfe and Craft discussed the situation with K.E. at approximately 1:50 P.M. Id. at ¶ 157. K.E. confirmed that her relationship with Hetrick had been inappropriate. Id. Hetrick telephoned K.E.'s mother, Lisa Douglas (“Douglas”), and apologized for “hugging” her daughter. ECF No. 62–1 at 41. After learning from her husband that K.E. needed a ride home, Douglas drove to the school and found K.E. in a room with Wolfe and Craft. Id. at 42. K.E. left the room at Douglas' request. Id. Shortly thereafter, Douglas was informed of the relationship that had existed between K.E. and Hetrick. Id. Wolfe and Craft told Douglas that the relationship had been confirmed to them by Hetrick, Brynna and Shaffer, but that K.E. had not provided them with detailed information. Id. Douglas took K.E....