Mandsager v. Univ. Of North Carolina at Greensboro
| Decision Date | 01 July 2003 |
| Docket Number | No.1:00 CV 01018.,1:00 CV 01018. |
| Court | U.S. District Court — Middle District of North Carolina |
| Parties | Naomi A MANDSAGER, Plaintiff, v. UNIVERSITY OF NORTH CAROLINA AT GREENSBORO, Brad Bartel, in his official and individual capacities, and L. Diane Borders, in her official and individual capacities, Defendants. |
Denis E. Jacobson, Amanda Leigh Fields, Tuggle, Duggins & Meschan, P.A., Greensboro, NC, for plaintiff.
Donald Ralph Esposito, Jr., N.C. Department of Justice, Education Section, Thomas O. Lawton, III, N.C. Department of Justice, John P. Scherer, II, N.C. Department of Justice, Office of the Attorney General, Raleigh, NC, for defendants.
This matter is before the Court on Defendants' Motions to Dismiss pursuant Rules 12(b)(1), 12(b)(2), and 12(b)(6) of the Federal Rules of Civil Procedure [Docs. # 7, 9]. For the reasons stated below, the Defendants' motions are GRANTED IN PART and DENIED IN PART.
The allegations of the complaint, stated in the light most favorable to the plaintiff, are as follows. In August 1996, Plaintiff Naomi Mandsager enrolled as a Doctor of Philosophy degree ("PhD") candidate in the Department of Counseling and Educational Development ("CED") in the School of Education at the University of North Carolina at Greensboro ("UNCG"). As of December 1998, with the exception of one educational research methodology course, Ms. Mandsager had completed all of the course work required for the PhD program and had taken and passed almost all of her comprehensive exams. In addition to the research methodology course, Ms. Mandsager needed to take the research and statistics comprehensive exam and write and defend her dissertation.
In October 1998, Ms. Mandsager was diagnosed with a specific learning disability in mathematics and communicated this diagnosis to the chair of the Department of Counseling and Educational Development ("Dr.Borders"). Dr. Borders informed Ms. Mandsager that she would be allowed to complete the education research methodology course as an independent study to accommodate the learning disability.
While Ms. Mandsager was enrolled as a graduate student, she was employed by UNCG as a graduate assistant, a clinical supervisor, and a teaching assistant. During the 1998-99 academic year, Ms. Mandsager's direct supervisor for her duties as a research and teaching assistant was Dr. William Purkey, a UNCG faculty member and full-time professor in the School of Education. While Dr. Purkey was Ms. Mandsager's supervisor, he often put his arm around her, called her "honey," stated "If I weren't married, I'd be courting Naomi," and signed business correspondence to Ms. Mandsager as "Affectionately, William" or "Love, William." Dr. Purkey also began each of his classes with "calisthenics exercises" in which he had students jump up and down on one foot.
In response to this conduct, Ms. Mandsager made complaints to Dr. Borders on "numerous occasions." Comp. ¶ 22. At one point, Dr. Borders responded by stating "William will be William," or something to that effect. It does not appear that Dr. Borders took any action in response to Ms. Mandsager's initial complaints. Ms. Mandsager also spoke to Dr. Borders when Dr. Purkey asked Ms. Mandsager to make a presentation on sexual harassment to a class in which Ms. Mandsager was a student. Dr. Borders told Ms. Mandsager to tell Dr. Purkey that she did not want to make the presentation. Ms. Mandsager did so, but Dr. Purkey insisted that she make the presentation. Ms. Mandsager attended the class, handed out materials on sexual harassment, and left the classroom.
On or about March 19, 1999, Dr. Purkey's conduct "escalated" into a direct sexual proposition, (Compl.¶ 26) which Dr. Purkey has admitted having made. A few days afterward, on March 23, 1999, Ms. Mandsager again went to Dr. Borders. Dr. Borders told Ms. Mandsager that she would take action only if Ms. Mandsager made a more formal complaint in writing. Ms. Mandsager made a complaint in writing approximately one week later. Ms. Mandsager also asked Dr. Borders what could be done about the fact that Ms. Mandsager was currently enrolled in one of Dr. Purkey's classes. Dr. Borders responded that Ms. Mandsager would have to remain in Dr. Purkey's class and also "reminded Ms. Mandsager that Purkey was responsible for her grade in that class." Compl. ¶ 27.
On April 23, 1999, Dr. Borders called Ms. Mandsager and told her that Dr. Purkey would be notified of the formal complaint, that he would be reprimanded, and that a "round table" or remedial discussion would be held between Ms. Mandsager, Dr. Purkey, and a UNCG administrative official to discuss Dr. Purkey's conduct. The round table discussion took place on May 21, 1999 and consisted of the following: (1) Ms. Mandsager was instructed by Dr. Borders to sit at a table; (2) Dr. Borders and Dr. Purkey entered the room together and remained standing; (3) Dr. Purkey read a prepared statement from a note card; and (4) Dr. Purkey left the room. Ms. Mandsager met with Dr. Borders to discuss her dissatisfaction with the round table discussion and was told that Dr. Purkey had complied with UNCG's requirements.
Once Ms. Mandsager submitted the written complaint regarding Dr. Purkey's conduct, she experienced the following events: First, Ms. Mandsager was told that she could no longer serve as a teaching assistant "for obvious reasons" since Dr. Purkey was the supervisor of the teaching assistant program. Instead, Ms Mandsager was offered a position as a graduate assistant with fewer hours and less pay than she had enjoyed as a teaching assistant. Second, Ms. Mandsager was not allowed to continue working as a clinical supervisor "because everyone gets a chance" even though the CED was in need of additional clinical supervisors. Third, Ms. Mandsager was informed that the CED faculty had decided she would not be allowed to complete her educational research and methodology requirement as an independent study and that she would have to take the course and the research and statistics comprehensive exam in order to complete the program. Fourth, during one week in August 1999, three of four professors resigned from Ms. Mandsager's doctoral committee. Fifth, Dr. Borders told Ms. Mandsager that she may have to "re-take all of her comprehensive exams" before she could complete the PhD program. Sixth, Ms. Mandsager was denied a retroactive withdrawal from the educational research methodology course she had taken and was informed that the "incomplete" grade she had received following her diagnosis with a learning disability in mathematics would be changed to a grade of "failed." Seventh, Ms. Mandsager was told she would need to seek employment outside the CED for the Fall 1999 Semester. Finally, Dr. Borders admitted to Ms. Mandsager that the faculty members in the CED were uncomfortable having Ms. Mandsager in the program.
At this point, Ms. Mandsager sought help from Defendant Brad Bartel, the Dean of the Graduate School at UNCG. Dean Bartel initially told Ms. Mandsager that he would not be able to help her until he reviewed her psychological assessment. After reviewing her psychological assessment, Dean Bartel met with Ms. Mandsager on October 8, 1999. During this meeting Dean Bartel told Ms. Mandsager that when a graduate student files a sexual harassment complaint against a highly distinguished faculty member, she has made a decision between reporting the offense and obtaining her degree.1 Dean Bartel suggested that Ms. Mandsager ask Dr. Nick Vacc, another CED faculty member to serve as a member of her doctoral committee. When Ms. Mandsager told Dean Bartel that she thought that would be demeaning because Dr. Vacc and Dr. Purkey were close friends, Dean Bartel responded, "Well, you're going to have to demean yourself one more time before I can help you." On January 4, 2000, Ms. Mandsager withdrew from the doctoral program at UNCG.
Ms. Mandsager filed a complaint with the EEOC and received a right to sue letter. Ms. Mandsager's complaint was originally filed in state court and then removed to this Court by the Defendants. [Doc. # 1] The first and fourth claims are brought against UNCG and the individual defendants in their official capacities pursuant to Title VII for a hostile employment environment and for employment retaliation. 42 U.S.C. § 2000e. Ms. Mandsager also alleges numerous violations of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. Specifically, the second claim seeks relief for a hostile working environment, the third claim seeks relief for a hostile educational environment, the fifth claim seeks relief for employment retaliation, and the sixth claim seeks relief for educational retaliation, each in violation of Title IX. The seventh claim for relief is brought only against the individual defendants in their individual capacities pursuant to 42 U.S.C. § 1983 and alleges violations of Ms. Mandsager's constitutional and statutory rights. The eighth and ninth claims for relief are brought against all defendants and seek relief for intentional and negligent infliction of emotional distress under North Carolina state law. In addition to compensatory and punitive damages, Ms. Mandsager also seeks injunctive relief in the form of an order enjoining the "unlawful employment and education practices" complained of, as well as in the form of reinstatement to the doctoral program at UNCG. The Defendants removed the case to this Court. [Doc. # 1]. Before filing an answer, the Defendants moved to dismiss pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) of the Federal Rules of Civil Procedure.
The Defendants contend that Ms. Mandsager's federal claims should be dismissed pursuant to Rule 12(b)(6) of the Federal Rules...
To continue reading
Request your trial
-
Davis v. Durham Mental Health Dev. Disabilities
...capacity is simply another way of pleading an action against the governmental entity. See Mandsager v. University of North Carolina at Greensboro, 269 F.Supp.2d 662, 672 n. 2 (M.D.N.C.2003); Love-Lane v. Martin, 201 F.Supp.2d 566, 574 (M.D.N.C.2002); Wright v. Blue Ridge Area Auth., 134 N.C......
-
Lawrence Alexander Jr. v. the City of Greensboro
...the substance of this claim, because “[p]ublic official immunity is not a defense to intentional torts.” Mandsager v. Univ. of N.C. at Greensboro, 269 F.Supp.2d 662, 681 (M.D.N.C.2003); see Beck, 154 N.C.App. at 230, 573 S.E.2d at 190. Invasion of privacy by intrusion into seclusion is an i......
-
Langley v. Dolgencorp, LLC
...an affair, and asked her about her underwear, birth control, and the bodily effects of taking maternity leave); Mandsager v. Univ. of N.C., 269 F.Supp.2d 662, 673 (M.D.N.C.2003) (finding that allegations that professor often put his arm around plaintiff, signed correspondence “Love, William......
-
Alston v. North Carolina a & T State University
...with a specific example ... are sufficient, though barely, to ... survive[ ] a motion to dismiss"); Mandsager v. Univ. of North Carolina, 269 F.Supp.2d 662, 673 (M.D.N.C.2003) (finding that allegations that professor often put his arm around plaintiff, signed correspondence "Love, William,"......