Helm v. Ancilla Domini Coll.
| Decision Date | 05 January 2012 |
| Docket Number | Case No. 3:09-CV-546 JD |
| Parties | KELLY D. HELM, Plaintiff, v. ANCILLA DOMINI COLLEGE, Defendant. |
| Court | U.S. District Court — Northern District of Indiana |
On November 20, 2009, the plaintiff, Kelly D. Helm ("Helm"), filed a complaint in this court alleging discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, as codified at 42 U.S.C. § 2000e. [DE 1]. On January 11, 2010, defendant Ancilla Domini College ("Ancilla") filed its answer. [DE 5]. The parties proceeded through discovery and on November 19, 2010, Ancilla moved for summary judgment against Helm's complaint in its entirety. [DE 16]. On December 20, 2010, Helm filed her response, and Ancilla replied on January 6, 2011. [DE 20; DE 26]. The motion is ready for a ruling.
The court separates its analysis of the discrimination and retaliation claims. Within its discussion of Helm's discrimination claims, the court individually considers her allegations of discrete acts of disparate treatment, her allegation of a hostile work environment, and her allegation of constructive discharge. In contrast, Helm's retaliation claims are considered jointly so as to avoid undue repetition. After considering the pleadings and the parties' arguments in light of the evidence submitted, the court concludes that summary judgment is appropriate against all claims presented in the complaint and instructs the clerk to enter judgment in the defendant's favor.
When ruling on a motion for summary judgment, the Court construes all facts in the light most favorable to the non-movant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). Here, that means the Plaintiff, and all reasonable and justifiable inferences are drawn in her favor. Id. The vast majority of the following facts are undisputed, but where some dispute or confusion does exist, the court has attempted to highlight it. Nonetheless, the inclusion of a fact in this section does not mean that it was material to the Court's ruling on this motion. To the contrary, many of these facts prove immaterial. This section is simply intended to provide a comprehensive background of the case and of the evidence presented to the Court.
Ancilla College is a 2-year liberal arts college located in Donaldson, Indiana. [DE 19-22 at ¶ 2]. In December 2003, Ancilla hired Kelly Helm as a part-time recruiting coordinator. [DE 19-1 at 3]. Specifically, Helm was hired to recruit student-athletes to the new volleyball team slated to compete during the 2004-05 academic year. [DE 19-1 at 7-9]. Helm discharged her duties satisfactorily and in the following academic year, 2004-05, she was employed as athletic academic coordinator/head women's volleyball coach/assistant professor of biology with a salary of $31,500.00. [DE 19-1 at 8-9; DE 19-4]. The next two academic years, 2005-06 (again at an academic year salary of $31,500.00) and 2006-07 (at an academic year salary of $32,445.00 or $33,418.00, perhaps representing a mid-year raise), Helm was employed as a half-time assistant professor of biology and as head women's volleyball coach. [DE 19-1 at 9-11; DE 19-5; DE 19-6]. Throughout Helm's tenure at Ancilla, she was employed through at-will agreements subject to yearly renewal. [DE 19-4; DE 19-5; DE 19-6; DE 19-8; DE 19-10; DE 19-15 at 4].
Since July 1, 2006, Dr. Ronald May has served as Ancilla's president. [DE 19-22 at ¶ 2]. During the 2006-2007 academic year, Dr. Julianne Maher served for one year as Ancilla's Interim academic dean. [DE 19-23 at ¶ 2]. As part of her duties, Maher was expected to prepare for an upcoming accreditation review by the Higher Learning Commission ("HLC") of the North Central Association of Colleges and Schools. She spent time during the fall semester of 2006 checking the academic backgrounds of Ancilla's faculty members to ensure that they had the necessary qualifications and credentials to teach the subjects to which they were assigned. [DE 19-23 at ¶ 5]. After receiving a file update, including an undergraduate transcript, from Helm, Maher became concerned that Helm was not qualified to teach Anatomy & Physiology.2 Rather than a degree in Biology or Anatomy & Physiology, Helm had degrees in Physical Education and Health & Human Performance. [DE 19-1 at 14-17]. Maher told Helm that, in light of her qualifications, she might be better off teaching Physical Education or Health. [DE 19-1 at 16].
The following March, Helm did not receive her reappointment letter at the usual time. [DE 19-1 at 19-21; DE 19-5; DE 19-6]. She met with Dr. May in late March or early April to discuss the reasons why. [DE 19-1 at 20, 23]. May informed Helm that a reappointment letter for the following academic year would be forthcoming, but that she would no longer be considered faculty. [DE 19-1at 27]. Faculty taught twenty-seven credit hours per academic year, whereas Helm taught only ten.3 [DE 19-1 at 21-22]. May also indicated that he was interested in developing an exercise science curriculum at Ancilla and wanted Helm to research similar programs at other colleges and universities. [DE 19-1 at 24-27]. But because Helm would no longer be considered "faculty," she would not have to sit on faculty committees, serve as the faculty advisor to the athletic committee, or attend faculty senate meetings. [DE 19-1 at 26-27].
On May 15, 2007, Helm met with Maher to discuss her teaching assignments for the following year. [DE 19-1 at 32; DE 19-23 at ¶ 7; DE 19-23 at 12]. Maher reminded Helm that she was not qualified to teach biology courses. [DE 19-1 at 33; DE 19-23 at 12]. The two also agreed that there was a need for a new academic program in the area of exercise science or health and fitness. [DE 19-1 at 34; DE 19-23 at 12]. Nevertheless, Helm's teaching assignment for the fall 2007 semester remained unresolved. [DE 19-1 at 35; DE 19-23 at 12]. Following the meeting, Maher sent an email to May recommending that Helm be released from her teaching duties in the fall in order to develop the new program and that Helm's teaching assignment be deferred to the Spring semester. [DE 19-23 at 12]. On May 22, 2007, Helm sent Maher an email confirming her understanding that she would be assigned the responsibility of designing a new exercise science and wellness program for the college. [DE 19-7].
On May 31, 2007, May sent Helm a reappointment letter for the 2007-08 academic year as both a part-time faculty member in the Division of Science, Mathematics, and InformationTechnology and the head women's volleyball coach. [DE 19-8 at 2]. The salary offered in that letter was at the annualized rate of $33,418.00 for the first six months and $34,421.00 for the second six month period of the appointment. [DE 19-8 at 2]. Helm did not sign this appointment letter. [DE 19-1 at 40-41; DE 19-8 at 2]. Instead, on June 7, 2007, Helm met with May again to discuss why the reappointment letter referred to Helm as a "part-time faculty member" instead of "assistant professor" like her previous appointment letters. [DE 19-1 at 40-42; DE 19-4 at 2; DE 19-5; DE 19-6; DE 19-8]. On June 12, 2007, May emailed his response, stating that he offered her the part-time faculty appointment because her teaching responsibilities were less than half of a full time teaching load. [DE 19-22 at 8-9; DE 19-22 at 15]. In addition, May asked her to sign the May 31 appointment letter and return it to his office by June 15, 2007. [DE 19-22 at 15]. Helm replied the following day asserting that she wanted to maintain her assistant professor rank. [DE 19-22 at 15-16].
On June 14, 2007, May sent Helm an e-mail response explaining that ranked full-time faculty are those who have a full-time faculty contract and hold academic rank of professor, associate professor, assistant professor or instructor and that full-time faculty status is defined as teaching 27 credit hours per academic year. [DE 19-22 at 14]. Based on these definitions, May informed Helm that he was willing to modify the May 31 appointment letter to give her the title of "adjunct assistant professor" because that title seemed to match the services she had actually performed at Ancilla. [DE 19-22 at 14]. But he reiterated that her teaching assignment would have to be modified to include courses that matched her credentials, which is why, he added, he had asked Maher to talk with her about researching the feasibility of offering a concentration in exercise science. [DE 19-22 at 14]. On June 15, 2007, Helm replied with an e-mail indicating that she would sign an appointmentletter with the adjunct assistant professor designation. [DE 19-22 at 14].
Accordingly, on June 18, 2007, May submitted a revised appointment letter to Helm changing her academic title to "adjunct assistant professor of Health and Exercise Science in the Division of Science, Mathematics, and Information Technology" for the 2007-2008 academic year. [DE 19-1 at 45-48; DE 19-10]. The revised letter also included her appointment as women's head volleyball coach. Except for the title change, the salary and all other terms remained unchanged from the May 31, 2007 appointment letter. [DE 19-10]. Helm signed the revised appointment letter on June 20, 2007. [DE 19-1 at 45-48; DE 19-10].
On July 20, 2007, Dr. Joanna Blount, who had replaced Maher as academic dean at Ancilla, held a meeting with Helm. [DE 19-1 at 56-57; DE 19-19]. Blount wanted to address a conversation Helm had with the athletic director, Gene Reese, earlier in the month. [DE 19-1 at 49, 52, 56-58, 61]. More specifically, Helm had informed Reese that her contract no longer required her to serve as athletic academic coordinator. [DE 19-1 at 49, 52, 56-58, 61]. The statement was based on her meeting with May in late March or early April, in which he told her as much. [DE 19-1 at 26-27, 51-52, 60-61]. The academic athletic coordinator was responsible for keeping a record of student-athletes' attendance...
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