Goodwin v. Pennridge Sch. Dist., CIVIL ACTION NO. 17-2431

• Citation: 389 F.Supp.3d 304
• Decision Date: 31 May 2019
• Docket Number: CIVIL ACTION NO. 17-2431
• Parties: Darbianne GOODWIN, Plaintiff, v. PENNRIDGE SCHOOL DISTRICT, et al., Defendants.
• Court: United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)

389 F.Supp.3d 304

Darbianne GOODWIN, Plaintiff,
v.
PENNRIDGE SCHOOL DISTRICT, et al., Defendants.

CIVIL ACTION NO. 17-2431

United States District Court, E.D. Pennsylvania.

Filed May 31, 2019

389 F.Supp.3d 308

Aurelie Ercoli, Matthew M. Graves, Michael Dee, Richard S. Kelley, Katherine M. Ruffing, DLA Piper LLP US, Elizabeth Tang, Neena Chaudhry, Shiwali Patel, National Women's Law Center, Washington, DC, Courtney G. Saleski, Ben C. Fabens-Lassen, DLA Piper US LLP, Philadelphia, PA, for Plaintiff.

Christopher Paul Boyle, Marshall Dennehey Warner Coleman & Goggin, King of Prussia, PA, Jane Ennis Kane, John P. Gonzales, Joseph J. Santarone, Jr., Kyle M. Heisner, Marshall Dennehey Warner Coleman and Goggin, P.C., Philadelphia, PA, for Defendants.

MEMORANDUM OPINION

TIMOTHY R. RICE, U.S. MAGISTRATE JUDGE

Plaintiff Darbianne Goodwin claims Defendants Pennridge School District ("PSD"), Superintendent Jacqueline Rattigan, and Principal Gina DeBona (collectively, "Pennridge Defendants") deprived her of equal access to an education, as required by 20 U.S.C. § 1681(a) ("Title IX") and 42 U.S.C. § 1983, by failing to adequately address her allegations of sexual harassment. See Am. Compl. (doc. 8). Pennridge Defendants seek summary judgment on all four claims: (1) a Title IX claim against PSD; (2) a § 1983 equal protection claim against Pennridge Defendants; (3) a § 1983 failure to train claim against Pennridge Defendants; and (4) a § 1983 supervisory liability claim against Rattigan and DeBona. Def. Mem. (doc. 94) at 23-52. Goodwin opposes Defendants' motion, Pl. Resp. (doc. 112), and moves for summary judgment in her favor on Claims 3 and 4, Pl. Mem. (doc. 96-1) at 1.

This case presents difficult issues involving a high school's obligation under federal law to prevent student-on-student sexual harassment when the students' interactions transcend the school day and continue outside of the academic setting. The legal boundaries are even more challenging for both students and administrators to navigate in the evolving arena of Title IX, which Congress enacted to ensure that students enjoy full access to educational opportunities and benefits.

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Summary judgment is appropriate where "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). A genuine dispute of material facts exists when "factual issues ... may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). I must view the facts and draw inferences in the light most favorable to the nonmoving party. See Burton v. Teleflex Inc., 707 F.3d 417, 425 (3d Cir. 2013). Cross-motions must be considered "separately, drawing inferences against each movant in turn." Alford v. Hartford Life Ins. Co., No. 07-4527, 2008 WL 2329101, at *3 (E.D. Pa. June 3, 2008). I also may not make credibility determinations or weigh the evidence. Anderson, 477 U.S. at 255, 106 S.Ct. 2505.

Defendants' motion is granted in part and Plaintiff's motion is denied. Viewed in the light most favorable to Goodwin, a reasonable jury could return a verdict in her favor on Counts 1 and 3. Goodwin, however, has failed to show how she was injured by the customs and policies she identified in Counts 2 and 4. Summary judgment is granted on both claims.

I. Facts in the Light Most Favorable to Goodwin¹

In December 2014, Goodwin was a sophomore at Pennridge High School ("PHS"). PSOF ¶ 2. H. and his friends N., B., and C. were all juniors. Id. ¶ 9. Goodwin claims she was raped by H. over Christmas break of her sophomore year.² Def. Ex. 5.

PHS was administratively structured so that Goodwin's assistant principal was Scott Hegen, while the assistant principal for H., N., B., and C. was David Laboski. Id. ¶¶ 7-8. Principal DeBona had delegated responsibility for investigating disciplinary issues and imposing discipline to Hegen and Laboski. Id. ¶ 6. Although Hegen could participate in an investigation of an incident reported to him by Goodwin about H., N., B., or C., Laboski had responsibility for interviewing and ultimately imposing any discipline on H., N., B., or C. Laboski Dep. at 51-53. Guidance counselors sometimes interviewed students in disciplinary investigations, but never disciplined students. Henrysen Dep. at 59-60.

When Goodwin returned to school after Christmas break, H. and his friends N., B., and C. spread rumors that she had voluntarily slept with multiple boys on the night of the alleged rape. Goodwin Dep. at 65. In response to the trauma of the attack and the repeated traumas of being called a "slut," Goodwin became depressed, anxious, and began cutting herself. Axe Dep. at 49. Goodwin began therapy and told her therapist about the rape on February 10, 2015. Id. at 259, 268. He immediately reported the rape to child services and directed

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Goodwin to disclose it to her mother. Id.

Although the rape was reported to authorities, an investigation was not immediately undertaken. Goodwin Dep. at 50. On March 13, 2015, Goodwin reported the rape to Peter Cortazzo, her guidance counselor. PSOF ¶ 10. He immediately reported the rape to his supervisor, Hegen, who verified that Goodwin had reported the rape to police before meeting with her. Def. Ex. 26.

Even after Hegen verified Goodwin's police report, and after Goodwin explained the trauma and the ongoing harassment to Cortazzo, PSD made no safety accommodations for at least two weeks. On March 31, 2015, Goodwin's mother requested that Cortazzo "make teachers aware" of Goodwin's "situation," prompting Cortazzo to email Goodwin's teachers and ask them to allow Goodwin to leave class without explanation if she experienced anxiety. Def. Ex. 29-30.

H. avoided a police interview for several weeks, during which time Goodwin's anxiety increased. Def. Ex. 5. On April 6, 2015, H. spoke with police and gave his version of events, which largely comported with Goodwin's account. Def. Ex. 5. H. agreed that Goodwin repeatedly said no and tried to stop the sexual activity, and that he physically moved her head to resume the activities she had declined. Id. Their stories diverged in that H. said he observed no bleeding or bruising and insisted the sexual activity was consensual, despite Goodwin's attempt to stop it. Id. H. later told Laboski he had not raped Goodwin. Laboski Dep. at 134. Laboski accepted this answer and did not discipline H. Id. at 132-36.

PSD's only other accommodation for Goodwin was to allow her extra time between her third and fourth period classes to avoid seeing H. in the hallways, Def. Ex. 31. On April 21, 2015, Goodwin was in tears in the guidance office, Def. Ex. 30, after reporting to Cortazzo that H. had been boasting about sexually assaulting girls, and that she could "feel" his presence at school, id.

On May 20, 2015, Goodwin confronted B. in the lunch room, demanding that he stop spreading rumors that she was a "slut" and had "snitched" on him and his friends. Goodwin Dep. at 85; Def. Ex. 41. Later, in a text to his girlfriend, B. threatened to "jump" Goodwin so she would "learn her place." Def. Ex. 40. B.'s girlfriend forwarded the text to Goodwin, id., who told Hegen, Def. Ex. 46. Laboski suspended B. from school for three days, and reported the threat to police. Def. Exs. 46, 48.

On May 27, 2015, B.'s first day back in school after his out-of-school suspension, Goodwin had a panic attack and left school. Def. Ex. 30. On June 1, 2015, Goodwin's mother informed PHS that mental health issues precluded Goodwin from returning to school, and asked that Goodwin be allowed to complete schoolwork for the year at home and take her finals. Def. Ex. 34. Hegen rejected the request. He claimed that Goodwin's absence would require a doctor's note and said she would need alternative, homebound instruction and would not be permitted to continue her classwork from home. Def. Ex. 35. Goodwin's mother obtained a note from Goodwin's nurse practitioner, and Goodwin's attendance was excused on June 5, 2015. Def. Ex. 37. Hegen then began assisting Goodwin in obtaining schoolwork from her teachers. Id.

In July 2015, Goodwin received a text from N., who was with B. and C., accusing Goodwin of snitching on them. Goodwin Dep. at 102-03. N. called Goodwin "redickulous," and noted he had chosen this spelling because she was a "hoe" and a

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"cunt." Def. Ex. 49. Goodwin's mother reported the threat to police. Goodwin Dep. at 104.

On August 18, 2015, Goodwin's mother emailed Hegen and asked for the name of PSD's Title IX coordinator. Def. Ex. 52. She explained Goodwin had been receiving "threats" and "bullying text messages," and requested that H., N., B., and C. not be put in Goodwin's lunch or gym classes. Def. Ex. 52. Hegen was unable to identify the Title IX coordinator without further research. Def. Ex. 53. Moreover, he suggested to DeBona that Title IX protection may not apply to Goodwin because criminal charges had not been filed. Id.

On August 24, 2015, Goodwin's mother informed Title IX coordinator Jacqui McHale about Goodwin's harassment by H.,...