MDB v. Punxsutawney Christian Sch., 2:18-cv-01079

• Decision Date: 03 May 2019
• Docket Number: 2:18-cv-01079
• Citation: 386 F.Supp.3d 565
• Parties: MDB, et al., Plaintiffs, v. PUNXSUTAWNEY CHRISTIAN SCHOOL, et al., Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

386 F.Supp.3d 565

MDB, et al., Plaintiffs,
v.
PUNXSUTAWNEY CHRISTIAN SCHOOL, et al., Defendants.

2:18-cv-01079

United States District Court, W.D. Pennsylvania.

Signed May 3, 2019

386 F.Supp.3d 573

Alicia M. Simpson, Ruder Law LLC, Pittsburgh, PA, for Plaintiffs.

Kenneth J. Hardin, II, Colleen M. Aracri, Hardin Thompson, P.C., Kyle Black, Lewis Brisbois Bisgaard & Smith, LLP, Pittsburgh, PA, Ronald N. Repak, Beard Legal Group, P.C., Altoona, PA, Todd A. Gray, Lewis, Brisbois, Bisgaard & Smith, LLP, Cleveland, OH, for Defendants.

OPINION

Mark R. Hornak, Chief United States District Judge

Minor-Plaintiff MDB was sexually assaulted by another minor student while riding in a Purchase Line School District-provided van to Punxsutawney Christian School. Plaintiff Michael Bridge, MDB's father, concerned and alarmed by the incident, reported it to Punxsutawney, Purchase Line, and Tri-County Transportation, Inc. (the van operator). He also began to transport MDB to and from school himself. When Punxsutawney, Purchase Line, and Tri-County did not enact the remedial measures he requested, he eventually withdrew MDB from Punxsutawney and enrolled him in another private school for the next school year. Plaintiffs allege that by forcing MDB to choose between attending and accessing transportation to school and thereby encountering his alleged abuser, and attending a different school, Defendants violated federal and state law. For the reasons that follow, the Court concludes that Defendants' respective Motions to Dismiss will be granted in part and denied in part.

I. BACKGROUND

A. Facts ¹

Minor-Plaintiff MDB's home School District is Defendant Purchase Line School District ("Purchase Line" or the "District"). (First Amended Complaint ("FAC" or "Complaint"), ECF No. 15, ¶ 17.) During the 2015-2016 school year, he attended

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Defendant Punxsutawney Christian School ("Punxsutawney"). (Id. ¶ 17.) He was transported to and from school in a van owned and operated by Defendant Tri-County Transportation, Inc. ("Tri County"). (Id. ¶ 21.) Purchase Line provided this transportation under the Pennsylvania statute that provides that if a School District provides transportation for public school students, it must also provide transportation for non-public school students, as long as the school is a nonprofit and is not more than ten (10) miles outside of the district's boundaries. 24 Pa. Stat. Ann. § 13-1361.

In or around May of 2016, another student, KR, sexually assaulted MDB in the van. (FAC ¶ 22.) MDB reported that KR told him he could use KR's smart device if MDB touched KR. (Id. ¶ 23.) KR then "bopped" MDB in the penis and exposed himself to MDB. (Id. ¶ 23.) Two years before this incident, KR brought a knife to school and threatened MDB. (Id. ¶ 24.)

On or about May 11, 2016, MDB reported the assault to his parent, Plaintiff Michael J. Bridge. (Id. ¶ 26.) On the same day, Bridge reported the assault to Purchase Line and Punxsutawney. (Id. ¶ 27.) The next day, May 12, 2016, Bridge met with Lori Galbraith, Punxsutawney's School Administrator, at Punxsutawney to discuss the incident. (Id. ¶ 28; Punxsutawney Christian School Student Handbook, ECF No. 18–2, at 8.) Galbraith asked Bridge if he wanted her to report the assault to the Pennsylvania ChildLine and Abuse Registry ("ChildLine"). (FAC ¶ 28.) Bridge advised that he did want it to be reported. (Id. ) However, Bridge later became aware that Galbraith had not reported the incident to ChildLine on that day. (Id. )

Punxsutawney did not discipline KR, and KR continued to ride the Tri-County van to and from school (Id. ¶¶ 30–31.) Bridge decided to transport MDB to and from school himself. (Id. ¶ 32.) On May 16, 2016, at a meeting with Bridge and MDB, Galbraith spoke with MDB directly, and reported the incident to ChildLine. (Id. ¶ 33.)

Bridge then set up an appointment with Purchase Line's Superintendent, Joseph Bradley. (Id. ¶ 34.) Bridge explained the incident to Bradley, who responded, "What do you want Purchase Line to do?" (Id. ¶ 34.) Plaintiff does not allege that he responded with suggested actions, but in any event, Bradley did not take any further action to report the assault. (Id. )

On May 20, 2016, Bridge notified Tri-County of the assault. (Id. ¶ 35.) Tri-County responded that it does what Purchase Line tells it to do and had no ability to take any independent action. (Id. ¶ 35.)

In July of 2016, Bridge became aware that none of the Defendants had reported the assault to police. (Id. ¶ 36.) He then notified the police in order to make a report. (Id. ) Ultimately, KR was criminally charged with indecent assault and indecent exposure. (Id. ) During the police investigation, Bridge attended school board meetings and had phone calls with administrators to discuss his safety concerns for MDB. (Id. ¶ 37.) Bridge continued to drive MDB to and from Punxsutawney for the remainder of the 2015-2016 school year. (Id. ¶ 38.)

During the rest of the 2015–2016 school year, MDB continued to "encounter" KR at school. (Id. ¶ 39.) Punxsutawney did not provide additional supervision to KR and MDB or "ensure that [MDB] would not come in contact with KR." (Id. ¶¶ 39, 42) MDB suffered "intimidation, harassment, emotional distress, and physical manifestations of psychological anguish" as a result of these encounters. (Id. ¶ 40.) Before the end of the school year, Bridge, who was

386 F.Supp.3d 575

still driving MDB himself, informed Purchase Line and Punxsutawney that he wanted an aide to be placed on the van to supervise MDB. (Id. ¶ 44.) On August 16, 2016, Purchase Line informed Bridge that the District would facilitate placing an aide on the bus if Punxsutawney paid for the aide. (Id. ¶ 45.) For its part, Punxsutawney informed Bridge that it did not have the funds in its budget to pay for the aide. (Id. ) Punxsutawney offered to have MDB and KR sit apart from each other, with one sitting in the front of the van and the other sitting in the back. (Id. ¶ 46.) Punxsutawney told Bridge that if this was unacceptable, he could explore other educational options for MDB. (Id. ) Punxsutawney also wrote a letter to Bridge saying that, beginning in the 2016–2017 school year, it did not want further discussion of the matter with the Punxsutawney administration or staff. (Id. ¶ 47.)

Bridge did not find Punxsutawney's proposed accommodation acceptable, and chose to withdraw MDB from the school and enroll him in Northern Cambria Catholic School ("Northern Cambria Catholic") for the 2016–2017 school year. (Id. ¶ 49.) Northern Cambria is outside of the ten-mile radius for which Purchase Line is required to provide transportation. (Id. ¶ 50.) Thus, Bridge had to find transportation himself for MDB to attend Northern Cambria Catholic. (Id. )

Bridge filed a complaint with the Office of Civil Rights ("OCR"), of the federal Department of Education, alleging that Defendants violated MDB's rights under Title IX. (Id. ¶ 51.) OCR began to investigate Purchase Line. (Id. ¶ 53.) On July 26, 2018, OCR issued a final resolution of Bridge's complaint. (Id. ¶ 54.) OCR concluded that Purchase Line did not provide a prompt and equitable response to the report that MDB was sexually harassed, that Purchase Line's Title IX grievance procedures are not widely published, and that the Title IX Coordinator was not adequately trained in the District's procedures and how to respond to the report of sexual harassment, including maintaining adequate records of the District's response. (Id. ¶ 55.) Purchase Line entered into a resolution agreement to remedy these violations. (Id. ¶ 56.)

B. Procedural History

Plaintiffs MDB and Bridge initiated this lawsuit in the Court of Common Pleas in Indiana County. (ECF No. 1.) Defendants removed it on August 16, 2018. (Id. ) Plaintiffs filed a First Amended Complaint on September 12, 2018. (ECF No. 15.) Punxsutawney, Tri-County, and Purchase Line each filed a Motion to Dismiss for Failure to State a Claim. (ECF Nos. 17, 19 & 21.) Plaintiffs filed Responses. (ECF Nos. 25, 26 & 27.)

The Court has reviewed the Motions, Responses, and all briefing in support therein, and the matter is ripe for disposition.²

II. LEGAL STANDARD

Federal courts must dismiss cases that fail to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). Complaints therefore must allege facts "sufficient to show that the plaintiff has a ‘plausible claim for relief.’ " Fowler v. UPMC Shadyside , 578 F.3d 203, 211 (3d Cir. 2009) (quoting

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Ashcroft v. Iqbal , 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ). When determining whether dismissal is appropriate, the Court must: "(1) identify[ ] the elements of the claim, (2) review[ ] the complaint to strike conclusory allegations, and then (3) look[ ] at the well-pleaded components of the complaint and evaluat[e] whether all of the elements identified in part one of the inquiry are sufficiently alleged." Malleus v. George , 641 F.3d 560, 563 (3d Cir. 2011). The Court "accept[s] all factual allegations as true, construe[s] the complaint in the...