Hansen v. Board of Trustees of Hamilton

Decision Date23 December 2008
Docket NumberNo. 08-1205.,08-1205.
PartiesSondra J. HANSEN and William R. Hansen, Individually and On Behalf of C.H., Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF HAMILTON SOUTHEASTERN SCHOOL CORPORATION,<SMALL><SUP>1</SUP></SMALL> Defendant-Appellee.
CourtU.S. Court of Appeals — Seventh Circuit

Thomas E. Wheeler, II (argued), II, Locke Reynolds, Indianapolis, IN, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and KANNE and TINDER, Circuit Judges.

KANNE, Circuit Judge.

Dmitri Alano, a teacher and assistant band director at Hamilton Southeastern High School ("HSE"), engaged in an improper sexual relationship with a student. The student's parents, the Hansens, filed suit individually and on behalf of their daughter against both Alano and the Hamilton Southeastern School Corporation ("HSSC"). They brought claims against both defendants under Indiana law, the Civil Rights Act of 1871, 42 U.S.C. § 1983, and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. The district court granted summary judgment in favor of HSSC on all claims. The Hansens appeal, arguing that the district court erred by (1) granting summary judgment against them on their Title IX claim, (2) exercising supplemental jurisdiction over their state claims against HSSC, and (3) granting summary judgment against them on those state claims. We consider whether the district court's decisions were proper, and we conclude that they were.

I. BACKGROUND

The Hamilton Southeastern School Corporation serves K-12 students in a number of schools in central Indiana, including two senior high schools. HSSC has an established application process for hiring new teachers. An applicant must submit an application, resume, references, and transcripts. The school district's central office screens the applications, verifies references, and ensures that a criminal background and sexual offender check have been completed. HSSC officials review the applications and select a pool of potential candidates, who then interview with the principal of the school that has the vacancy. From the pool of candidates, the principal recommends a candidate to HSSC's assistant superintendent. The assistant superintendent then conducts a final interview, in which he evaluates the prospective teacher's methodology and judgment. If the assistant superintendent is comfortable with the applicant, he makes a hiring recommendation to the school board, which makes the final hiring decision.

In addition to its hiring policies and procedures, HSSC has general policies prohibiting discrimination and sexual harassment, and it provides regular sexual harassment training to all of its teachers. HSSC also maintains guidelines on proper behavior between teachers and students, which are recorded in a handbook available to both teachers and students.

Dmitri Alano graduated with a bachelor's degree in music education from Butler University in 1987. After graduating, Alano served as the director of instrumental music and the band director at Waldron High School from 1987 to 1998. In 1998, HSSC hired Alano as a teacher and assistant band director at HSE.

While a student at Butler and after graduating, Alano participated in a music ensemble that performed around the state. During a visit to HSE, Alano met Michael Niemiec, the school's band director. In 1992, after the ensemble lost its trombone player, Niemiec auditioned and joined the group. Alano and Niemiec became better acquainted, and in the summer of 1994, Alano volunteered to assist Niemiec with the HSE marching band. Alano assisted Niemiec in this capacity during the next four summers.

In 1998, due to the school's growth, HSE sought to employ an assistant band director. Niemiec encouraged Alano to apply for the position. Alano applied according to HSSC's normal application procedure. He submitted the required application materials, including his resume, transcripts, references, and recommendations. Among his materials, Alano submitted a positive recommendation from the principal at Waldron High School, his previous supervisor. The principal strongly recommended Alano and expressed no reservation about his ability to perform the job. Alano also submitted a completed questionnaire that asked whether he had ever been investigated for, charged with, or resigned because of any misconduct, including sexual abuse or misconduct. Alano replied "no" to all questions and signed the form.

HSSC confirmed that Alano had a valid Indiana teacher's license, which meant that he had passed a criminal background check. The school district also confirmed that Alano was not on the sex offender registry.

Alano interviewed with the principal at HSE, Glen Nelson. Nelson checked Alano's references by calling an assistant principal at Waldron, and he spoke with Niemiec about Alano. Following the interview, Nelson recommended to the assistant superintendent, Dr. Richard Hogue, that HSSC hire Alano. Hogue contacted Nelson about Alano and the particular needs for the open position. Due to the importance of the position, Hogue also called Niemiec personally. Niemiec again expressed no reservations about Alano, having known him for some time both professionally and socially. Hogue had worked with Niemiec since hiring him in 1986, and Niemiec's opinion was important to his decision. Last, Hogue personally interviewed Alano. Following the interview, Hogue agreed to recommend Alano for employment and sent the recommendation to the school board for final approval. The school district hired Alano, effective July 1,1998. From 1998 to 2000, Alano served as the assistant band director and taught classes at HSE without incident.

During the 2000-2001 school year, Alano began a sexual relationship with C.H., a student enrolled in band and one of his classes. C.H. was born in 1986, and she attended HSE from 2000 to 2004. During her freshman and sophomore years, C.H. and Alano engaged in sexual banter, which progressed to sexual contact on multiple occasions. The sexual encounters occurred in the school's band room, music practice rooms, or band offices. According to C.H., Alano provided her passing grades in exchange for the relationship. C.H. did not disclose the relationship to anyone at or around the time it occurred, and she admittedly concealed the relationship from school officials, teachers, her parents, and her boyfriend. In 2002, at the end of her sophomore year, C.H. quit band and had no further sexual contact with Alano.

Nearly two years later, in January 2004, the Hansens hospitalized C.H. for substance abuse treatment. On January 19, 2004, C.H. admitted to a therapist that she engaged in a sexual relationship with a teacher. This was the first time she revealed the relationship to anyone. The hospital informed her parents, and local police began a criminal investigation. Police notified HSSC officials of the allegations, which was the first time the school learned of Alano's misconduct. The school district promptly suspended Alano, and he ultimately resigned from the school after pleading guilty to sexual battery.

During the investigation of Alano's misconduct toward C.H., investigators learned that he had engaged in two prior relationships with former students. The first was with Julie Harker, who is now Alano's wife. Harker had been Alano's student at Waldron High School, but the two began their romantic relationship after Harker graduated. Both Alano and Harker denied that anything inappropriate occurred while she was his student, and the Hansens have produced no evidence to the contrary. The Hansens noted that Niemiec knew that Alano married a former student because he was acquainted with Alano and attended their wedding. They also asserted that it was "common knowledge" around HSE that Alano married a former student.

Alano's second relationship with a former student was with Alicia Rhoades, which began while she was a student at Waldron High School. The two engaged in a physical relationship while Rhoades was a student, which led to sexual intercourse after she graduated. No one at HSE or Waldron knew about this relationship until investigators learned of it after Alano's arrest in 2004.

The Hansens brought two federal claims, under Title IX and 42 U.S.C. § 1983, and five claims under Indiana state law, naming both Alano and HSSC as defendants in each. Both defendants filed motions for summary judgment. On October 19, 2007, the district court granted summary judgment in favor of HSSC on all seven counts. The district court granted summary judgment in Alano's favor on the Title IX count and the state law claim for negligent hiring, retention, and supervision. The remaining five claims against Alano remain pending in the district court, including the federal claim under 42 U.S.C. § 1983. On December 28, 2007, the district court granted the Hansens' Motion for Issuance of Final Order under Federal Rule of Civil Procedure 54(b), allowing the present appeal. The district court stayed the proceedings against Alano, pending the outcome of this appeal.

II. ANALYSIS

We review the district court's decision to grant summary judgment in favor of HSSC de novo, and we draw all reasonable inferences in the non-moving party's favor. See Lucas v. PyraMax Bank, 539 F.3d 661, 666 (7th Cir.2008). Summary judgment is appropriate where there is no genuine issue as to any material fact. Fed.R.Civ.P. 56(c). To survive a motion for summary judgment, the nonmoving party must "come forward with specific facts showing that there is a genuine issue for trial." Keri v. Bd. of Trs. of Purdue Univ., 458 F.3d 620, 628 (7th Cir.2006).

The Hansens argue that the district court erred in granting summary judgment against them on their Title IX claim against the school district. After dismissing their Title IX claim, the district court...

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