Godfrey v. Princeton Seminary

• Decision Date: 04 August 2008
• Docket Number: A-64 September Term 2007
• Citation: 952 A.2d 1034,196 N.J. 178
• Parties: Beth GODFREY and Jennifer Bayne Kile, Plaintiffs-Appellants, v. PRINCETON THEOLOGICAL SEMINARY, Defendant-Respondent.
• Court: New Jersey Supreme Court

952 A.2d 1034

196 N.J. 178

Beth GODFREY and Jennifer Bayne Kile, Plaintiffs-Appellants, v. PRINCETON THEOLOGICAL SEMINARY, Defendant-Respondent.

A-64 September Term 2007

Supreme Court of New Jersey.

Argued April 7, 2008.

Decided August 4, 2008.

John E. MacDonald argued the cause for appellants (Stark & Stark, attorneys; Amy Beth Dambeck, Lawrenceville, of counsel; Ms. Dambeck and Jason A. Storipan, Murray Hill, on the briefs).

Brian P. Sullivan, Princeton, argued the cause for respondent (Stevens & Lee, attorneys; Mr. Sullivan, Bradley L. Mitchell and Nanette M. Embres, New York, NY, on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

In Lehmann v. Toys `R' Us, Inc., 132 N.J. 587, 626 A.2d 445 (1993), Justice Garibaldi, writing for this Court, delineated the standards of proof that are necessary in order to bring a discrimination claim premised on acts of sexual harassment. To demonstrate a discriminatory hostile environment caused by sexual harassment, a plaintiff must show that "the complained-of conduct (1) would not have occurred but for the employee's gender; and it was (2) severe or pervasive enough to make a(3) reasonable woman believe that (4) the conditions of employment are altered and the working environment is hostile or abusive." Id. at 603-04, 626 A.2d 445 (emphasis omitted). The question before us in this appeal concerns whether the severe-or-pervasive-conduct prong of that standard was met.

In this matter, two women enrolled at the Princeton Theological Seminary (the Seminary) claimed that they were harassed by an elderly tenant of Seminary housing. They filed sexual harassment claims against the Seminary under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. A majority of the Appellate Division below affirmed the trial court's grant of the Seminary's motion for an involuntary dismissal of plaintiffs' claims at the close of plaintiffs' cases-in-chief.¹ See R. 4:37-2(b). The majority held that no reasonable factfinder could conclude that plaintiffs had been subjected to harassing conduct that was "severe or pervasive." The case comes to us on an appeal as of right because of a dissent in the Appellate Division, R. 2:2-1(a). We agree with the analysis of the Appellate Division majority, and, therefore, we affirm the judgment below.²

I.

Plaintiffs' LAD claims arise out of the Seminary's handling of their allegations of sexual harassment by William Miller, a 1964 alumnus of, and contributor to, the Seminary. Miller was seventy years old when plaintiffs filed their 2003 Complaint. At all times relevant to this litigation, Miller resided at the Charlotte Rachel Wilson (CRW) apartments, which, while not located on the Seminary's main campus, are located in close proximity to it and are considered on-campus housing. That residence allowed Miller to attend frequently public events held at the Seminary, and Miller otherwise often could be found about the Seminary's campus.

We now turn to the evidence that plaintiffs presented in support of their respective claims. In doing so, we present the facts at length in a light most favorable to plaintiffs, Monaco v. Hartz Mountain Corp., 178 N.J. 401, 413, 840 A.2d 822 (2004), and review them, and the reasonable inferences to be drawn therefrom, to determine whether the evidence that plaintiffs presented could reasonably support a judgment in their favor, Barsotti v. Merced, 346 N.J.Super. 504, 512-13, 788 A.2d 802 (App.Div.2002). See also Zive v. Stanley Roberts, Inc., 182 N.J. 436, 441-42, 867 A.2d 1133 (2005).

A. Godfrey's claims

Beth Godfrey enrolled at the Seminary in 2000 to pursue a Masters of Divinity degree. She was attracted by the Seminary's "small community atmosphere," and described the Seminary as "a very small place" where student housing, the President's office, administrative offices, and the dining hall are all in close proximity. During her time at the Seminary, Godfrey resided in on-campus student housing and held part-time positions as a photographer and, later, as an assistant in the Seminary's financial aid and admissions offices. She served on the Board of Students during her first year of enrollment, and she also actively participated in Friday Night Fellowship (FNF) gatherings — weekly student-run worship services that often included guest speakers. Many of the functions that Godfrey attended occurred at the Mackay Campus Center (Campus Center), which housed the Seminary's main dining facility and was the locus of many of the Seminary's public and private events.

It was at the Campus Center that Godfrey first came into contact with Miller. In the fall of 2000, Godfrey, who was then twenty-five years old, entered the Campus Center cafeteria to eat dinner. At a nearby table, Godfrey noticed a friend conversing with a person whom Godfrey believed to be a retired professor or someone affiliated with the Seminary community. That individual, to whom Godfrey was introduced after she joined the table, was Miller.

Godfrey next saw Miller at the first FNF gathering that followed their introduction at the Campus Center. Although Godfrey could not recall whether Miller had attended prior FNF gatherings, she found his presence peculiar because, aside from the guest speakers, only Seminary students generally attended FNF gatherings. Miller participated in the worship service and in discussion groups that formed after the gathering concluded. Godfrey saw Miller at three or four subsequent FNF gatherings.

In December 2000, Godfrey had direct contact with Miller at an annual, formal Christmas dinner at the Campus Center. The dinner, which is followed by caroling and dancing, is a Seminary community event usually attended by students, their families, administrators, and faculty. During the dinner-portion of the evening, Godfrey excused herself from a table of her friends and proceeded to a line that had formed at the dessert bar. Miller approached Godfrey from behind, placed his hand on her shoulder, and said "Beth." Godfrey turned, expecting to see one of her friends, but instead saw Miller. Godfrey said, "Hello," and Miller then clasped Godfrey's hand in both of his hands and said, "It's so good to see you here this evening." Godfrey retracted her hand, at which time Miller invited Godfrey to accompany him to a "concert across town" later that evening. Godfrey refused, and turned to proceed in line toward the dessert bar. Miller followed, and continued, "[O]h come on. It's going to be a beautiful concert. You know, I have these tickets. It's going to be a lovely evening and I'd like to share it ... with you." Godfrey again refused, telling Miller that she planned to go with her friends to the caroling and the dance. Godfrey took a dessert from the dessert bar and returned to her friends where she reported her interaction with Miller.

Later that evening, Godfrey saw Miller at the caroling, which occurred in a separate room in the Campus Center after the dinner. Godfrey was stationed across the room from Miller, but Miller proceeded to "walk[ ] within ... [a few] feet of [her]." In an effort to avoid Miller, Godfrey "walked all the way around the room ... to the other side [so that Miller] wouldn't follow [her]." No further interaction occurred between Godfrey and Miller that evening.

The following week, Godfrey was with a friend at a Hallmark store in a local mall when Godfrey saw Miller. Godfrey attempted to avoid Miller's detection by moving to the other side of the store, but when her friend beckoned Godfrey to view an item in the store, Miller was alerted to Godfrey's presence. Miller approached and said, "Good evening, Beth." Godfrey said, "Hello," and moved toward her friend, who then introduced herself to Miller. Godfrey's friend completed her purchase shortly thereafter, and Godfrey and her friend left the store.

Godfrey did not have any further contact with Miller until she returned to the Seminary in January after the two-week Christmas break. In her accumulated mail, Godfrey received a package from Miller that, peculiarly, was addressed to Godfrey's dormitory room rather than to her campus mailbox.³ Godfrey had not told Miller where she lived, and she presumed that an individual at the campus post office recognized Godfrey's name and placed the package with her mail. Inside the package was a card that read, "Dear Beth," and went on to provide a lengthy account of Miller's personal life and information about his holiday plans. The parcel also contained a package of Winnie the Pooh note cards. Although disturbed by Miller's behavior, Godfrey sent a concise, polite note stating, "Thank you for the card and the note cards.... May you sense God's peace in Jesus Christ this Christmas." Godfrey then discarded the contents of Miller's package. Thereafter, Godfrey stopped attending FNF gatherings and took other steps to avoid areas where she expected that Miller might be present.

Godfrey did not have further direct interaction with Miller until the summer of 2001. At that time, Godfrey resided at the CRW apartments in a building across the street from that which housed Miller. While standing in a line of students in the Campus Center cafeteria, Miller approached Godfrey from behind and tapped her. When Godfrey turned, Miller said, "Hello, Beth." Godfrey said, "Hello," and turned away. Miller then invited Godfrey to have lunch with him. When Godfrey refused, Miller responded by asking, "[H]ow about I take you out some other day?" Godfrey again refused, stating, "I would only eat with you if we were in the middle of this cafeteria at a group table with other people." Godfrey then took her lunch and departed.

The following Saturday, Godfrey returned to her apartment from a camping trip with fellow students. Among the telephone messages that Godfrey received from family and friends was a message from Miller. In that message, Miller stated that he was "delighted to see [Godfrey] in the...