Garcia v. Metro. Gov't
Decision Date | 20 December 2019 |
Docket Number | Case No. 3:18-cv-00814 |
Parties | DR. VANESSA GARCIA, Plaintiff, v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, Defendant. |
Court | U.S. District Court — Middle District of Tennessee |
MEMORANDUM
Plaintiff Dr. Vanessa Garcia brings this case against the Metropolitan Government of Nashville and Davidson County, Tennessee ("Metro") asserting claims arising out of her employment with the public-school system, Metro Nashville Public Schools ("MNPS"). Pending before the Court are Defendant's Motion for Summary Judgment (Doc. No. 47) and Plaintiff's Motion for Partial Summary Judgment. (Doc. No. 59).1 Defendant's Motion for Summary Judgment is accompanied by a memorandum and exhibits. (Doc. No. 49). Plaintiff filed a response with exhibits (Doc. Nos. 64, 65) and a supplemental response (Doc. No. 69), and Defendant filed a reply (Doc. No. 79). With permission of the Court, Plaintiff also filed a sur-reply. (Doc. No. 84). Defendant moved to strike certain evidence submitted by plaintiff in response to the motion for summary judgment (Doc. No. 74). Plaintiff filed a response in opposition to the motion to strike (Doc. No. 80), and Defendant filed a reply (Doc. No. 88). Defendant filed a statement of facts (Doc. No. 48), to which Plaintiff responded (Doc. No. 66),and Plaintiff filed a supplemental statement of facts (Doc. No. 67), to which Defendant responded (Doc. No. 73).
Plaintiff's Motion for Partial Summary Judgment (Doc. No. 59) is accompanied by a memorandum (Doc. No. 60), statement of facts (Doc. No. 58), and exhibits (Doc. No. 57). Defendant filed a response to Plaintiff's motion (Doc. No. 70) and statement of facts (Doc. No. 71). Plaintiff filed a reply. (Doc. No. 76).
For the reasons stated, Defendant's Motion to Strike or Exclude Portions of the Declaration of Scott Lindsey and Hearsay Statements from Plaintiff's Response (Doc. No. 74) is GRANTED in part, DENIED in part. Defendant's Motion for Summary Judgment (Doc. No. 47) is GRANTED in part, DENIED in part. Plaintiff's Motion for Partial Summary Judgment (Doc. No. 59) is GRANTED as to liability.
MNPS employed Plaintiff from July 2013 to May 2018. (Compl., Doc. No. 20, ¶ 6). MNPS is operated by Defendant Metro, a governmental entity. (Id., ¶ 3). During the operative time of the Complaint, Plaintiff served as Executive Officer of Elementary Schools (July 2016 - July 2017), and as Executive Director of Leadership Development2 (July 2017 - May 2018). (Doc. No. 66, ¶¶ 1, 2). Plaintiff has held a professional teaching license in Tennessee since July 1, 2002, and a professional administrator license since July 28, 2014. (Doc. No. 71, ¶¶ 2, 6). She is not a tenured teacher. (Doc. No. 66, ¶ 3). Her position as Executive Director of Leadership Development required a master's degree and an administrator's license. (Doc. No. 71, ¶ 18).
In July 2016, MNPS hired Moreno Carrasco to an executive position. (Compl., Doc. No. 20, ¶ 9). Plaintiff alleges that Carrasco was "good friends" with Dr. Shawn Joseph, then Director of Schools. (Pl. Aff., Doc. No. 65-1, ¶ 14). Carrasco told Plaintiff that he and Dr. Joseph vacationed together and Plaintiff assisted Carrasco in planning a surprise party for Dr. Joseph at Carrasco's apartment. (Id.).
During the 2016-2017 academic year, Carrasco and Plaintiff held positions "on the same level," and reported to the same direct supervisor. (Id.; Doc. No. 66, ¶ 4). That year, Plaintiff saw Carrasco once or twice a week at work. (Pl. Aff., Doc. No. 65-1, ¶ 15). When Plaintiff transferred to the Office of Organizational Development for the 2017-2018 academic year, Carrasco became her immediate supervisor. (Doc. No. 66, ¶ 6).
Plaintiff claims that "from almost the time Carrasco arrived at MNPS" he engaged in sexually harassing behavior toward her and others. (Doc. No. 73, ¶¶ 1-25; Pl. Aff., Doc. No. 65-1, ¶¶ 16-20, 29, 34, 36-43, 56). Plaintiff alleges the following harassing behavior by Carrasco toward her personally:
Plaintiff became aware that Carrasco engaged in similar behavior toward other female employees. (See e.g. Doc. No. 73 at ¶¶ 5, 6, 17, 18, 19) (recounting various incidents). Plaintiff claims that Carrasco's behavior caused her a great deal of stress, caused her to lose sleep, and to dread going to work in the morning. (Pl. Aff., Doc. No. 65-1, ¶ 44). She said, "the thought of having to work with him made her feel sick to her stomach." (Id.). Plaintiff claims she feared retaliation if she complained about Carrasco because of how close he was to the Director of Schools. (Id.) She altered her comings and goings and attempted to leave the office with a co-worker so she would not have to be alone in the office. (Id., ¶ 57). She would ask a co-worker to accompany her if she had to meet with Carrasco in his office. (Id.).
Plaintiff told her co-worker, Dr. Terry Shrader, about the harassment. (Doc. No. 73, ¶¶ 8, 22). In July 2017, she told MNPS School Board member Amy Frogge about Mr. Moreno's behavior, but asked Ms. Frogge to keep her identity confidential because she feared retaliation.(Pl. Aff., Doc. No. 65-1, ¶ 46). Ms. Frogge told Dr. Joseph, the Director of Schools, about Carrasco's behavior without identifying Plaintiff. Dr. Joseph did not report Carrasco's conduct to human resources. (Joseph Dep., Doc. No. 79-5 at PageID# 2212). Instead, Dr. Joseph spoke with Carrasco directly and told him, "If you have done something, I encourage you to go to Human Resources and communicate what happened, but just know if someone reports you must go on leave immediately." (Id.)
On November 15, 2017, Plaintiff and Carrasco had a meeting to go over goal setting for the year. (Pl. Dep., Doc. No. 49-2 at PageID# 388). Carrasco allegedly made a comment about Plaintiff's personal life getting in the way of her work and stated that Plaintiff was making comments that she "didn't care about anything." (Id. at PageID# 424). Immediately following the meeting, Plaintiff called human resources and made a formal complaint of sexual harassment against Carrasco. (Doc. No. 66, ¶ 14). Scott Lindsey, Director of Human Resources, immediately began an investigation and Carrasco was put on leave the next day. (Carrasco Leave Ltr., Doc. No. 49-12). Lindsey testified that Sharon Pertiller, Executive Officer of Human Resources and Talent Strategy, told him that if he did not get his investigation right, "Dr. Joseph is going to fire you, he's going to fire Deborah [Story] and he may even fire me." (Doc. No. 73, ¶ 41 (citing Lindsey Dep., Doc. No. 62-25 at PageID# 1239)).
November 16, 2017, Carrasco sent Deborah Story, Chief Human Resources Officer, a letter regarding the meeting with Plaintiff the previous day. (Doc. No. 65-33). Defendant characterizes the letter as a "summary" of the meeting. (See Story Dep., Doc. No. 49-5 at PageID# 510). Plaintiff characterizes the letter as a "bad evaluation." (See Pl. Resp., Doc. No. 64 at 20). Story did not place the letter in Plaintiff's employment file. (Story Dep., Doc. No. 49-5 at PageID# 510).
Shortly after Carrasco was placed on leave, he sent Plaintiff the following text message, which Plaintiff has characterized as "threatening": (Pl. Dep., Doc. No. 79-1 at PageID # 2181).
Carrasco resigned on December 8, 2017. (Carrasco Resignation Ltr., Doc. No. 54-13). MNPS continued the investigation into Plaintiff's complaints of sexual harassment, eventually enlisting the assistance of Michael Taylor, Human Resources Assistant Director for Metro Nashville. (Story Dep., Doc. No. 49-5 at PageID# 532). On January 9, 2018, Mr. Taylor sent a letter giving an overview of the investigation and concluding that it "appears Mr. Carrasco violated MNPS' harassment policy" and that disciplinary action would have been taken...
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