Flaskamp v. Dearborn Public Schools

• Decision Date: 05 November 2002
• Docket Number: No. 01-72404.,01-72404.
• Citation: 232 F.Supp.2d 730
• Parties: Laura Christine FLASKAMP, Plaintiff, v. DEARBORN PUBLIC SCHOOLS, a municipal corporation, and Sharon Dulmage, Mary Lane, Aimee Blackburn, Alex Shami, Gerald Stockwell and Pamela Wandless, in their official capacities as members of the Board of Education for the Dearborn Public Schools, and in their individual capacities, Defendants.
• Court: U.S. District Court — Eastern District of Michigan

232 F.Supp.2d 730

Laura Christine FLASKAMP, Plaintiff, v. DEARBORN PUBLIC SCHOOLS, a municipal corporation, and Sharon Dulmage, Mary Lane, Aimee Blackburn, Alex Shami, Gerald Stockwell and Pamela Wandless, in their official capacities as members of the Board of Education for the Dearborn Public Schools, and in their individual capacities, Defendants.

No. 01-72404.

United States District Court, E.D. Michigan, Southern Division.

November 5, 2002.

COPYRIGHT MATERIAL OMITTED

Mark H. Cousens, Gillian H. Talwar, Mark H. Cousens Assoc., Southfield, MI, for Plaintiff.

C. John Holmquist, Jr., Rachele S. Lyngklip, Dickinson Wright, Bloomfield Hills, MI, Suzanne P. Bartos, Plunkett & Cooney, Detroit, MI, Kathryn S. Wood, Emily M. Robinson, Dickinson Wright, Detroit, MI, for Defendants.

OPINION AND ORDER

ZATKOFF, Chief Judge.

I. INTRODUCTION

This matter is before the Court on Plaintiff's Motion for Summary Judgment, and Defendants' Motion for Summary Judgment. Both motions have been fully briefed. The Court heard oral arguments on the issues presented on October 29, 2002, at the Federal Building and U.S. Courthouse in Port Huron, Michigan. For the reasons set forth below, Plaintiff's Motion for Summary Judgment is DENIED; and Defendants' Motion for Summary Judgment is GRANTED.

II. BACKGROUND

Plaintiff was a physical education teacher at Fordson High School (hereinafter "Fordson") from 1997 until 2001. Teachers in the Dearborn Public Schools — the school district that governs Fordson — are eligible to receive tenure after a four year probationary period. See MICH. COMP. LAWS § 38.81(1). The Dearborn Public School Board (hereinafter "Board"), however, voted to deny Plaintiff tenure at the end of her four years because of a relationship that she had with a former student, Jane Doe II,¹ that the Board found to be inappropriate, and because Fordson's principal, Mr. Paul Smith, stated that he could no longer trust Plaintiff.

Jane Doe II graduated from Fordson in June 2000. In her final semester at Fordson, Jane Doe II registered for a "leadership" class, which gave students the opportunity to assist physical education instructors in teaching physical education classes. Jane Doe II had registered to assist Plaintiff. Prior to that time, Jane Doe II had only isolated contact with Plaintiff; however, over the course of the semester, Jane Doe II and Plaintiff began some type of friendship. Jane Doe II turned eighteen in May 2000, while she was still Plaintiff's student. Over the course of the last few months of the semester, Plaintiff and Jane Doe II exchanged a few notes and cards. Plaintiff gave Jane Doe II a card for her birthday, as well as a card wishing the latter good luck on her performance in a choir concert. Plaintiff left a note on Jane Doe II's car, and gave Jane Doe II a graduation card. In addition, Plaintiff gave gifts to Jane Doe II, including a day planner — which Plaintiff gave to all of her physical education assistants — as well as a toy gun for Jane Doe II's graduation.² Before she graduated, Jane Doe II also sent one note to Plaintiff.

In addition to the cards and notes, Jane Doe II started to spend time with Plaintiff outside of their scheduled class time, and had met Plaintiff in a park once prior to graduation. Jane Doe II also gave her email address to Plaintiff. Shortly thereafter, the two began exchanging messages over email. Further, Plaintiff and Jane Doe II began sending instant electronic messages to each other by using their computers. While Jane Doe II was still a student, Plaintiff told Jane Doe II via electronic communication that she was "gay." In a separate electronic communication, Plaintiff sent Jane Doe II an "inappropriate joke" containing sexual innuendos. Inadvertently, however, Jane Doe II's mother, Jane Doe I, happened to see the inappropriate joke. Irate, Jane Doe I sent Plaintiff a message, stating that she thought the joke was offensive, and demanded an apology. Plaintiff apologized to Jane Doe I.

The relationship between Plaintiff and Jane Doe II continued after the latter graduated. Jane Doe II began attending Eastern Michigan University, and was occasionally visited by Plaintiff. In return, Jane Doe II visited Plaintiff at Fordson when she did not have to attend class at Eastern Michigan University. Jane Doe II and Plaintiff continued to exchange email messages, instant electronic messages, and telephone calls for several months after Jane Doe II graduated.

In December 2000, Plaintiff sent Jane Doe II a Christmas card with a personal note written inside. Jane Doe II's mother, Jane Doe I, learned of the Christmas card, and sent Plaintiff a scathing email. The email commanded Plaintiff to stay away from Jane Doe II; if Plaintiff did not heed the command, then Jane Doe I would do everything within her power to get Plaintiff fired and would file a lawsuit against Plaintiff. Concerned, Plaintiff approached the principal of Fordson, Mr. Paul Smith, and informed Mr. Smith of the email from Jane Doe I.

In their December meeting, Plaintiff told Mr. Smith that Jane Doe I thought that there was a relationship between Plaintiff and Jane Doe II. Plaintiff, however, indicated to Mr. Smith that she merely acted as an advisor towards Jane Doe II. Plaintiff reported that Jane Doe II wanted to discuss matters ranging from advice about college to personal matters, such as stating that she thought her parents were abusive, and that she questioned her religion. Mr. Smith replied by stating that it was not the school's concern whether Plaintiff had a relationship with Jane Doe II after she graduated, and that the school would only be concerned if there was a relationship while Jane Doe II was a student. Plaintiff then told Mr. Smith about the "inappropriate" email that she sent Jane Doe II in May 2000, and stated that she sent it to everyone on her email list; Plaintiff stated that she accidentally included Jane Doe II in the mailing. While Mr. Smith ended the meeting stating that he thought Plaintiff would not have a problem he advised Plaintiff to end the relationship with Jane Doe II because it could lead to future problems. Shortly after the meeting, Mr. Smith informed Mr. Karl Steuf, the human resources director for Dearborn Public Schools, about Plaintiff's concerns. In a subsequent telephone conversation, Mr. Steuf told Plaintiff that she had little to worry about; however, he repeated Mr. Smith's advice to stay away from Jane Doe II.

A few months later, in the spring of 2001, the Board was to decide whether to grant Plaintiff tenure. The Board routinely followed the recommendations of the school district's administration when making tenure decision. Consequently, Mr. Smith was to make an evaluation of Plaintiff, and make a recommendation to the Board regarding whether Plaintiff should receive tenure. On March 15, 2001, Mr. Smith issued a written evaluation stating that Plaintiff's performance was satisfactory, and recommended that Plaintiff receive tenure. Within two weeks, however, Mr. Smith issued a superceding evaluation in which he stated that Plaintiff's performance was unsatisfactory, and changed his recommendation regarding tenure; he recommended that the Board deny tenure.

Mr. Smith's sudden change of mind was triggered by a conversation with Jane Doe I. Jane Doe I alleged that "a series of things that she saw as very wrong [] had taken place when the girl was a student at Fordson ...." See Smith's Deposition, 49. In short, Jane Doe I alleged that Plaintiff began an inappropriate relationship with Jane Doe II while Jane Doe II was still a student, and continued that relationship through the then-present time. Jane Doe I stated that she had printed off a copy of an instant electronic message dialogue that occurred between Jane Doe II and Plaintiff on March 14, 2001, and one that occurred on March 15, 2001 — roughly nine months after Jane Doe II graduated. The March 15, 2001, dialogue contains a number of sexual innuendos, such as a reference to taking a shower together, and spending the night together. Jane Doe I also told Mr. Smith about the inappropriate email that Plaintiff sent Jane Doe II in May 2000. Jane Doe I, however, contradicted Plaintiff's statement that Plaintiff inadvertently sent it to everyone on her email list; Jane Doe I stated that the email was specifically addressed only to Jane Doe II. Jane Doe I further contradicted Plaintiff by stating that Plaintiff sent Jane Doe II ten to fifteen cards and notes while Jane Doe II was a student; Jane Doe I, however, never produced these cards and notes. Finally, Jane Doe I told Mr. Smith about the frequent meetings between Jane Doe II and Plaintiff at Eastern Michigan University's campus, and generally concluded that Plaintiff was "chasing after" Jane Doe II.

Within a few days, Mr. Smith had a second conversation with Jane Doe I. This time, Jane Doe I reported that Plaintiff had a confrontation with her son — Jane Doe II's brother. Basically, Plaintiff and Jane Doe II's brother encountered each other in a classroom; allegedly, Plaintiff repeatedly asked Jane Doe II's brother how Jane Doe II was doing. In response to the persistent questioning, the brother allegedly yelled at Plaintiff and told her to shut up; the brother told Plaintiff that it was none of Plaintiff's business, and told Plaintiff to leave Jane Doe II alone, or else he would slap Plaintiff.

Twice within the two weeks following March 15, 2001, Mr. Smith asked Plaintiff to respond to Jane Doe I's allegations. In particular, Mr. Smith asked about the instant electronic message conversations that Plaintiff engaged in with Jane Doe II, specifically the two conversations Jane Doe I provided printed copies of. Plaintiff stated that she simply acted as an advisor to Jane Doe II, encouraged Jane Doe II, and discussed a meeting place with Jane Doe II. Mr. Smith, however, was aware that the instant electronic message conversations contained several...