Du Bois v. Bd. of Regents of the Univ. of Minn.

• Decision Date: 14 February 2020
• Docket Number: Case No. 19-CV-1676 (PJS/LIB)
• Parties: Paige DU BOIS, Plaintiff, v. The BOARD OF REGENTS OF the UNIVERSITY OF MINNESOTA, Defendant.
• Court: U.S. District Court — District of Minnesota

439 F.Supp.3d 1128

Paige DU BOIS, Plaintiff,

v.The BOARD OF REGENTS OF the UNIVERSITY OF MINNESOTA, Defendant.

Case No. 19-CV-1676 (PJS/LIB)

United States District Court, D. Minnesota.

Signed February 14, 2020

Beau D. McGraw, MCGRAW LAW FIRM, PA, for plaintiff.

Carrie Ryan Gallia, UNIVERSITY OF MINNESOTA OFFICE OF THE GENERAL COUNSEL, for defendant.

ORDER

Patrick J. Schiltz United States District Judge

Plaintiff Paige Du Bois was a cross-country runner and track-and-field athlete at the University of Minnesota Duluth ("UMD"). In the spring of 2018, Du Bois's coach (Joanna Warmington) took a leave of absence after being accused of sexual harassment. UMD investigated the allegations, and Du Bois supported Warmington during the investigation. Shortly before the beginning of the 2018-2019 school year, UMD announced that Warmington would not be returning as the women's cross-country and track-and-field coach. Disappointed with the news, Du Bois asked UMD for permission to redshirt¹ during the fall cross-country season. UMD refused, and Du Bois transferred to another school.

Du Bois brought this lawsuit against UMD,² alleging that it engaged in unlawful retaliation when it refused to allow her to redshirt.³ Du Bois also brings two sex-discrimination claims.⁴ UMD now moves to dismiss all of Du Bois's claims.

I. BACKGROUND

After a successful high-school athletic career, Du Bois was recruited to UMD by Warmington. ECF No. 1 at ¶ 11. Du Bois had competed for about a year and a half at UMD when, in March 2018 (the spring of Du Bois's sophomore year), Warmington unexpectedly took a leave of absence. Id. at ¶¶ 12, 14, 17-18. Du Bois and the rest of her teammates—who were about to begin the outdoor track-and-field season—were not told why their coach had suddenly gone on leave. Id. at ¶¶ 14-15. In the meantime, the team carried on without a coach. Id. at ¶ 29.

Over the next couple of days, Du Bois attempted to discover the reason for Warmington's decision. Du Bois met with various members of the UMD Athletic Department staff, but no one would tell her why Warmington had taken leave. ECF No. 1 at ¶¶ 19-20, 23-24. Assistant Athletic Director Karen Stromme did tell Du Bois that, if she wanted to preserve her athletic eligibility for when Warmington returned, she could redshirt during the spring track-and-field season. Id. at ¶¶ 26-27.

About a week after the team was told that Warmington was taking a leave of absence, the team was informed that Warmington was being investigated for "the wellbeing of the team." ECF No. 1 at ¶ 37. Du Bois soon learned from teammates that the investigation was focused on allegations that Warmington had committed sexual harassment. Id. at ¶¶ 42-44. At a meeting with the team, Athletic Director Josh Berlo said that team members might be required to talk to the investigator; Berlo also invited team members to contact the investigator if they wanted to provide information. Id. at ¶ 38. After the meeting, Berlo pulled Du Bois aside and privately told her that, if she was so inclined, she could go to the investigator and share information favorable to Warmington. Id. at ¶ 40. Du Bois later met with the investigator and advocated on Warmington's behalf, and Du Bois encouraged her teammates to do likewise. Id. at ¶ 117.

Du Bois decided to compete during the spring track-and-field season; in other words, she declined Stromme's offer to redshirt. ECF No. 1 at ¶ 28. The women's track-and-field team did not have a coach during the entire spring season. Id. at ¶ 29. The team was told that, if anyone needed help from a coach, she could speak with the men's track-and-field coach or the men's sprint-and-hurdler coach. Id. at ¶ 30.

Spring track-and-field season ended and summer began, and Warmington remained on leave. Throughout the summer, Du Bois met with UMD Athletic Department staff on at least nine different occasions "to discuss her future and the future of Coach Warmington." ECF No. 1 at ¶ 51. Du Bois was repeatedly assured that Warmington's return was a matter of "when," not "if." Id. at ¶ 52.

Throughout the summer, UMD entrusted Du Bois with a variety of tasks that normally would be performed by the head coach. ECF No. 1 at ¶ 56. These tasks included collecting jerseys and equipment from the graduating team members; setting up the team's locker room; assigning lockers; creating a laundry-assignment list; ordering team apparel; drafting a training plan for training-camp week; collaborating with the men's team on joint activities; contacting recruits; and helping set up a strength-training program for the team. Id. at ¶¶ 56-57, 59-60.

Late in the summer, Du Bois suffered an injury, and it was not clear whether she would be ready for the start of the fall cross-country season. ECF No. 1 at ¶ 62. In light of her injury, and given the uncertain status of Warmington, Du Bois contemplated redshirting. Id. at ¶¶ 62-63. Du Bois does not plead that she discussed the possibility of redshirting with anyone in the UMD Athletic Department at this point. Du Bois does plead, however, that an unidentified teammate "received information from the Compliance Director indicating that an athlete could redshirt during the Fall season but could still practice with the cross country team." Id. at ¶ 63.

On August 20, 2018, the women's cross-country team began training-camp week. ECF No. 1 at ¶ 67. That same day, Athletic Director Berlo informed the team that Warmington had resigned. Id. at ¶¶ 67-68. Berlo told the team that, because Warmington's resignation had caught him by surprise, the team would be without a coach for a while. Id. at ¶ 69. Du Bois (who had been communicating with Warmington) confronted Berlo in front of the team, telling Berlo that he could not possibly have been surprised by Warmington's resignation since he had demanded that she resign and threatened her with termination if she did not do so. Id. at ¶ 71. (Du Bois had been told this by Warmington. Id. at ¶ 66.) Du Bois asked Berlo why he was lying. Id. at ¶ 71. Berlo refused to comment further. Id. at ¶ 72.

After learning that Warmington would not be returning, Du Bois inquired about redshirting during the fall cross-country season. ECF No. 1 at ¶ 73. Du Bois was informed by Assistant Athletic Director Abby Strong that redshirting was not an option. Id. at ¶ 74. Du Bois was confused, given that Assistant Athletic Director Stromme had offered her the opportunity to redshirt in the spring, and given that a teammate of hers (Emi Trost⁵ ) had been allowed to redshirt the prior year despite being medically cleared to compete. Id. at ¶¶ 74-75. When Du Bois asked Strong why Trost was allowed to redshirt and she was not, Strong told Du Bois that Trost was a national champion and that Du Bois was not fully informed about Trost's medical condition. Id. at ¶¶ 75-76. Strong also told Du Bois that redshirting was not for "someone like her." Id. at ¶ 78.

About the time that she was asking about redshirting, Du Bois also began speaking to UMD Athletic Department staff "about the possibility of being allowed to talk to other schools about joining their program." ECF No. 1 at ¶ 80. Du Bois was told that, in order to visit other schools, she would need to ask UMD for her release. Id. at ¶ 81. She was also cautioned that, once she asked for her release, she would not be allowed to use the team facilities or practice with the team. Id. That surprised Du Bois, because she had been given a release during the spring season and visited other schools, while also using team facilities and practicing with the team. Id. at ¶¶ 81-82. Du Bois's confusion was compounded by the fact that Trost also had been allowed to take official meetings with other schools while still practicing with the team. Id. at ¶ 82.

On August 27, 2018, Scott Keenan was appointed as the interim head coach of the women's cross-country program. ECF No. 1 at ¶ 84. Two days later (August 29), Du Bois met with Keenan, told him about her injury, and informed him that, according to the trainer, she would not be able to compete in the season's first event (which was scheduled for September 6). Id. at ¶ 85. Two days later (August 31), Keenan presented Du Bois with two options: She could be on the cross-country team in the fall of 2018 and compete (i.e., not redshirt), or she could leave the team. Du Bois could not, however, be on the team and not compete (i.e., redshirt). Id. at ¶¶ 86-88.

On September 4, 2018, Du Bois was summoned to a meeting with UMD Athletic Department staff. ECF No. 1 at ¶ 89. The staff told Du Bois that they had heard that she intended to transfer to another school and that, in the meantime, she wanted to preserve her athletic eligibility (i.e., she wanted to redshirt). Id. at ¶ 92. Du Bois informed the Athletic Department staff—repeatedly—that she had not yet made up her mind about transferring. Id. at ¶ 95. Du Bois was told that she needed to make up her mind and that, until she made up her mind, she would be "segregated from the team." Id. at ¶¶ 96-97. Du Bois was directed to clear out her locker and stay away from the team, and she was given two days (until September 6) to decide whether she wanted to compete. Id.

Du Bois left the meeting with the Athletic Department and, later that day, filed a complaint with the University's Office of Equal Opportunity and Affirmative Action ("EOAA"). In the complaint, Du Bois alleged that UMD was retaliating against her for supporting Warmington during the sexual-harassment investigation. ECF No. 1 at ¶ 99. On September 8, Du Bois transferred to Northern Michigan University, where she immediately began competing on the women's cross-country team. Id. at ¶ 98.

Du Bois later filed this lawsuit against UMD. Du Bois alleges that UMD violated Title IX by (1) retaliating against her by not allowing her to redshirt because she supported Warmington during the sexual-harassment investigation, (2) discriminating against her and other female athletes by granting permission to redshirt...