Fry v. Doane Univ.
| Decision Date | 01 October 2020 |
| Docket Number | 4:18CV3145 |
| Parties | JENNIFER FRY, Plaintiff, v. DOANE UNIVERSITY, a non-profit corporation; INTERCHURCH MINISTRIES OF NEBRASKA, a non-profit corporation; and DONALD BELAU, Defendants. |
| Court | U.S. District Court — District of Nebraska |
Plaintiff Jennifer Fry brings federal and state-law claims against Doane University, among others, related to alleged sexual harassment by Defendant Donald Belau, who was the dean of Fry's Master of Arts in Counseling program at Doane. As against Doane, Fry brings discrimination and retaliation claims under Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq.,1 as well as state-law claims of intentional and/or negligent infliction of emotional distress and negligent supervision, training, and retention. (Filing 52, Second Amended Complaint.) Doane moves for summary judgment (Filing 93) on all claims asserted against it.
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). "The movant bears the initial responsibility ofinforming the district court of the basis for its motion, and must identify those portions of [the record] . . . which it believes demonstrate the absence of a genuine issue of material fact." Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc) (internal quotation marks and citation omitted). "If the movant does so, the nonmovant must respond by submitting evidentiary materials that set out specific facts showing that there is a genuine issue for trial." Id. (internal quotation marks and citation omitted).
Id. (internal quotation marks and citations omitted). But "[t]he nonmovant must do more than simply show that there is some metaphysical doubt as to the material facts, and must come forward with specific facts showing that there is a genuine issue for trial." Id. (internal quotation marks and citations omitted).
"The mere existence of a scintilla of evidence in support of the [nonmovant's] position will be insufficient; there must be evidence on which the jury could reasonably find for the [nonmovant]." Barber v. C1 Truck Driver Training, LLC, 656 F.3d 782, 791-92 (8th Cir. 2011) (internal quotation marks and citation omitted). "Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial." Torgerson, 643 F.3d at 1042 (internal quotation marks and citation omitted).
The court finds that the following material facts, as stated in Doane's brief, are fully supported by the evidence cited, and Fry has not properly controverted them. Consequently, they are deemed admitted for purposes of summary judgment. See NECivR 56.1(b)(1); Fed. R. Civ. P. 56(e)(2); Roe v. St. Louis Univ., 746 F.3d874, 881 (8th Cir. 2014) ().2
The Parties
1. From August of 2012 through July of 2015, Plaintiff attended the Master of Arts in Counseling ("MAC") program, offered by Doane.3
2. Defendant Doane University is a non-profit corporation incorporated in the State of Nebraska with its principal office located in Crete, Saline County, Nebraska. Doane is a private liberal arts college established in 1872 in Crete, Nebraska, with campuses in Crete, Lincoln, Grand Island and Omaha.
3. Defendant IMN [Interchurch Ministries of Nebraska] is a non-profit corporation incorporated in the State of Nebraska with its principal office in Lincoln, Lancaster County, Nebraska.
4. Defendant Belau is a resident of Lincoln, Lancaster County, Nebraska.
Applicable Doane Policies in Years 2014 and 2015
5. Doane's mission is to "provide an exceptional liberal arts education in a creative, inclusive, and collaborative community where faculty and staff work closely with undergraduate and graduate students preparing them for lives rooted in intellectual inquiry, ethical values, and a commitment to engage as leaders and responsible citizens in the world."
6. Doane adopted a Notice of Nondiscrimination, which such notice was in effect during the relevant period in 2014 and 2015. This Notice provides Doane does not discriminate on the basis of sex, among other protected class[es] recognizedby state or federal law in admission or access to, or treatment, or employment in its programs and activities. This Notice explicitly provides "[s]exual [h]arassment and sexual violence are prohibited forms of sex discrimination."
7. The Notice identifies Laura Northup (p/k/a Laura Sears), Director of Human Resources, to coordinate Doane's efforts to comply with Title IX and its implementing regulations.
8. Doane takes these obligations very seriously. Thus, Doane adopted procedures to encourage and require employees and students to report concerns about harassing or offensive conduct and to ensure employees or students that such reports will be addressed thoroughly and promptly.
9. As such, Doane adopted Nondiscrimination and Harassment Policies, which were in effect in 2014 and 2015. In relevant part, it provides:
Doane is a place of excitement and learning where all ages, abilities and disabilities, races, creeds, orientations, genders, identities, and ethnic and national origins have the opportunity to develop skills and knowledge toward goals which will make them effective citizens and promote their individual and group well-being....
10. As part of the Nondiscrimination and Harassment Policy, Doane maintains, including during the relevant period, the following policies addressing:
(herein after collectively referred to as "Nondiscrimination and Harassment Policy").
11. In the Nondiscrimination and Harassment Policy, Doane conspicuously outlines behaviors that Doane will not tolerate.
12. Of significance, in the Anti-Harassment Policy, in relevant part, Doane provides:
A fundamental policy of the College is that employees and students at the College should be able to work and study at the College in an environment free of discrimination and any form of harassment based on race, color, religion, sex, national origin, disability, age, marital status, [genetic information,] sexual orientation [or any other protected class recognized by state or federal law]. To further this fundamental policy, the College prohibits the harassment of any person, student or employee and the prohibition extends to harassment based on race, color, religion, sex, national origin, [genetic information,] disability, age, marital status, or sexual orientation. Harassment is counterproductive to the College's goals and will not be tolerated. Such behavior is unacceptable because it is a form of unprofessional behavior threatening to the academic freedom and personal integrity of others.
(Emphasis added).
13. Furthermore, in the Nondiscrimination and Harassment Policy, Doane outlines procedures for reporting and investigating incidents involving sexual assault, harassment, stalking or other behaviors that would violate the applicable policy.
14. The above policies were and are conspicuously outlined in various Student Handbooks.
15. In addition to Student Handbooks, which are readily accessible on Doane's website, during the relevant period in 2014 and 2015 through current, Doane maintains a webpage dedicated to informing the Doane community, including students, about Title IX. 16. . . . . Therein, Doane provides:
It provides that inquiries regarding Title IX should be referred to Laura Northup. Most importantly, it provides: "all incidents should be reported immediately," and provides both on-campus, off-campus and online reporting options.
17. Doane also encourages reporting by unequivocally stating: "every report of Sexual and/or Relationship Misconduct will be taken seriously and action will be taken as appropriate," and providing a list of resources.
18. During the relevant period in 2014 and 2015 through current, Doane maintains a Title IX Handout with information on Title IX, including but not limited to information on how to report a complaint and about available resources.
19. In addition, the Master of Arts department maintains, including during the relevant period in 2014 and 2015, a Student Handbook, and therein, the Anti-Harassment Policy is once again reiterated.
20. During the relevant period in 2014 and 2015 through current, Doane also maintains a Faculty Handbook.
21. Therein, Doane reiterates its Notice of Nondiscrimination and Anti-Harassment Policy, as outlined above.
22. Doane communicates its policies by emailing it to the community [to which] it is applicable and also maintaining a current version of all of its policies on its website.
23. If Doane implemented a major policy change, then Doane provided training to the community [to which] the policy...
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