Keppler v. Hinsdale Tp. High School Dist. 86

• Court: U.S. District Court — Northern District of Illinois
• Writing for the Court: BRIAN BARNETT DUFF
• Citation: Keppler v. Hinsdale Tp. High School Dist. 86, 715 F.Supp. 862 (N.D. Ill. 1989)
• Decision Date: 20 June 1989
• Docket Number: No. 88 C 8506.,88 C 8506.
• Parties: Rose KEPPLER, Plaintiff, v. HINSDALE TOWNSHIP HIGH SCHOOL DISTRICT 86, a quasi-municipal corporation of the State of Illinois, and Roger Miller, Defendants.

715 F. Supp. 862

Rose KEPPLER, Plaintiff, v. HINSDALE TOWNSHIP HIGH SCHOOL DISTRICT 86, a quasi-municipal corporation of the State of Illinois, and Roger Miller, Defendants.

No. 88 C 8506.

United States District Court, N.D. Illinois, E.D.

June 20, 1989.

COPYRIGHT MATERIAL OMITTED

Aldo E. Botti, Botti, Marinaccio & DeSalvo, Ltd., Oak Brook, Ill., for plaintiff.

Anthony G. Scariano, Kathleen Roche Hrisman, Soariano, Kula, Ellch & Himes, Chtd., James O. Nolan, John M. Hynes, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Gretchen A. Winter, Michael A. Warner, Seyfarth, Shaw, Fairweather & Geraldson, Roger K. O'Reilly, John P. Brennan, O'Reilly, Cunningham, Norton & Mancini, Chicago, Ill., for defendants.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

Plaintiff Rose Keppler has sued Roger Miller and Hinsdale Township High School District 86 ("District 86") under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e et seq., and under 42 U.S.C. § 1983 ("§ 1983"). She alleges sexual discrimination and due process violations, but what she really wants is to make others pay for her mistakes. She will not succeed here.

FACTS

District 86 has two high schools: Hinsdale Central and Hinsdale South. The Superintendent for District 86 controls the day-to-day affairs of both schools. The Superintendent at all times relevant to this case was Dr. John Thorson. He reported directly to the District 86 Board of Education, a seven member body responsible for the termination and reduction of administrators and staff.

Each high school in District 86 has a principal. The principals report directly to the Superintendent. Each principal has assistant principals, department chairmen and teachers, who report directly to him.

Ms. Keppler first became employed by District 86 in 1978 as Coordinator of Education Services. Because this was an administrative position, Ms. Keppler reported directly to Superintendent Thorson. In 1982, Ms. Keppler was made Director of Special Services, another administrative position with accountability directly to the superintendent. Ms. Keppler's office was in Hinsdale Central, but her authority was district wide.

In the fall of 1982, Ms. Keppler met socially on two occasions with Dr. Miller. Dr. Miller had become employed by District 86 in 1980 as an assistant principal at Hinsdale Central. In the fall of 1982, his marriage was in trouble and he was seeking companionship and advice. Ms. Keppler provided them.

By the end of 1982, Dr. Miller's relationship with his wife was over, and he began seeing Ms. Keppler on a regular basis. They had sexual relations frequently and, when the relationship was going well, saw each other during the week as well as on weekends. In 1984, District 86 promoted Dr. Miller to principal of Hinsdale Central.

Dr. Miller and Ms. Keppler continued to see each other through the spring of 1986. Although they also saw other people, and at times contemplated terminating their relationship, they continued to have sexual intercourse on a regular basis when they were together.

By March, 1986, however, things had taken a turn for the worse. After Dr. Miller and Ms. Keppler returned from a weekend together in New Orleans in March, during which they had sexual relations, their sexual relationship was at an end.

From that point on, the evidence is conflicting as to who was tired of whom, and just what transpired when the two were together. For the purposes of this summary judgment motion, this court accepts as true all of the testimony of Ms. Keppler in her deposition and in the affidavit she provided in opposing the summary judgment motion.¹

Ms. Keppler and Dr. Miller saw each other socially on two occasions in April, 1986. On a Sunday in mid-April, Mr. Miller invited Ms. Keppler to accompany him to his parents' home. She agreed to go. Dr. Miller drove the two of them in Ms. Keppler's car. At the end of the day, Dr. Miller drove Ms. Keppler back to his house. He asked her to come in, but she refused. He then became angry and insisted that their sexual relationship should continue. When she refused again, he threw the car keys in her lap, and went inside. Ms. Keppler went home.

Later that month, Dr. Miller asked Ms. Keppler to come to dinner with him and two other couples. Again, Ms. Keppler agreed and met Dr. Miller in the parking lot of a Marriott Hotel. After dinner, the two returned to the Marriott, and Dr. Miller requested that Ms. Keppler come to his place for sexual relations. Ms. Keppler refused, and left.

The next month, Judy Kozienczka (now Judy Miller) had a dinner party to which she invited Ms. Keppler. Ms. Kozienczka asked Ms. Keppler to invite Dr. Miller to the dinner. Ms. Keppler agreed to do so, and Dr. Miller agreed to go with her. This was the last time that Ms. Keppler and Dr. Miller saw each other socially (though not the last time that Ms. Kozienczka and Dr. Miller did so).

At some point in 1986, Ms. Keppler's administrative position was changed from Director of Special Services to Director of Curriculum, Instruction, Staff Development and Special Services ("Director of Curriculum"). As part of her new job, Ms. Keppler continued to have considerable responsibility for special services, but also took on additional responsibilities. She still reported directly to Superintendent Thorson.

In August, 1986, Dr. Miller told Ms. Keppler that she had lost professional credibility in his eyes, and that as far as he was concerned she should leave the district. From August, 1986 through February, 1988, Dr. Miller made a number of negative comments to Superintendent Thorson about Ms. Keppler's performance as Director of Curriculum. Superintendent Thorson, noting the antagonistic relationship between Dr. Miller and Ms. Keppler, decided to transfer Ms. Keppler's office to Hinsdale South for the 1987-88 school year.

In early 1988, Superintendent Thorson met with Ms. Keppler and told her that he thought that she should resign her position as Director of Curriculum. When Ms. Keppler asked why, Thorson indicated that it was because of her poor relationship with the principals of the two district high schools. The superintendent noted that she had tenure as a teacher and could therefore stay with the district in that capacity, but told her that she would have to give up her administrative role. He also indicated that he hoped she would not accept a teaching role, and would instead leave the district. Ms. Keppler told him that she would think it over.

On February 15, at a Board meeting, Superintendent Thorson recommended that the Board terminate Ms. Keppler's position as Director of Curriculum. An extensive discussion ensued, but the members agreed not to take any action until Ms. Keppler decided whether or not to resign.

On February 28, Ms. Keppler met with Dr. Richard Spiegel, president of the Board. Dr. Spiegel informed Ms. Keppler that he thought she should resign. At that point, Ms. Keppler informed Dr. Spiegel of her previous relationship with Dr. Miller, and of her belief that the principal's attitude toward her was engendered in part by the fact that she had terminated the relationship. She also stated that she would consider legal action if the Board decided to terminate her administrative position.

At a Board meeting on March 28, 1988, the Board agreed that Ms. Keppler's position would probably be terminated for the following year, but also decided that Ms. Keppler should be given the opportunity to meet with Superintendent Thorson one last time before the Board took final action. Dr. Thorson sent Ms. Keppler a letter that day suggesting a meeting, but Ms. Keppler never responded.

On April 4, 1988, the Board voted unanimously to terminate Ms. Keppler's position as Director of Curriculum, and to do away with that position, at least in the near future, for financial reasons. Ms. Keppler was then transferred to a position as special education teacher for the 1988-89 school year, and to a salary level commensurate with that position.

Ms. Keppler thereafter filed this action against Dr. Miller and District 86. Count I seeks relief under 42 U.S.C. § 1983 and alleges that Dr. Miller violated her equal protection rights by discriminating against her on the basis of her sex. Count II also seeks relief under § 1983, but against District 86 for violating her rights to due process by depriving her of her position as Director of Curriculum without a hearing. Count III arises under Title VII, and alleges that District 86, as Ms. Keppler's employer, discriminated against her on the basis of sex by relying on Dr. Miller's recommendation that her administrative position be terminated.

DISCUSSION

The Sex Discrimination Claims

Counts I and III differ in that the former seeks recovery under § 1983 from Dr. Miller while the latter seeks it under Title VII from District 86. The counts are similar, however, in that both are predicated on Dr. Miller's alleged sexual harassment.² To prevail on either claim, Ms. Keppler must first show that Dr. Miller discriminated against her because of her sex. See Volk v. Coler, 845 F.2d 1422, 1437-38 (7th Cir. 1988). Since Ms. Keppler cannot do so, this court need not consider whether the district could be held liable under Title for Dr. Miller's actions.

In recent years, courts have recognized that sexual harassment is a type of discrimination within the proscription of Title VII and the Equal Protection Clause. Bertoncini v. Schrimpf, 712 F.Supp. 1336 (N.D.Ill.1989), see generally Vhay, The Harms of Asking: Towards a Comprehensive Treatment of Sexual Harassment, 55 U.Chi.L.Rev. 328 (1988). Sexual harassment takes two forms. The first kind, quid pro quo sexual harassment, occurs when an employer³ expressly or impliedly makes sexual favors a condition for the employee to receive or retain job benefits, or deprives the employee of job benefits on the basis of the employee's refusal to engage in sexual...