Morlock v. West Cent. Educ. Dist.
| Decision Date | 29 March 1999 |
| Docket Number | No. CIV. 6-96-271.,CIV. 6-96-271. |
| Citation | 46 F.Supp.2d 892 |
| Parties | Amy MORLOCK, Plaintiff, v. WEST CENTRAL EDUCATION DISTRICT, et al., Defendants. |
| Court | U.S. District Court — District of Minnesota |
Richard T. Wylie, Law Office, Dee Rowe, Krebsbach & Haik, Minneapolis, for plaintiff.
James P. Peters and Michael T. Milligan, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for the School District and Jerome Beddow defendants.
Ehrich L. Koch and Sheila A. Bjorklund, Lommen, Nelson, Cole & Stageberg, Minneapolis, for defendant Betsy Fish.
Paul C. Peterson and Sandra E. Brisley, Lind, Jensen & Sullivan, Minneapolis, for defendant James Molkenthin.
Plaintiff Amy Morlock brings this action under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 ("Title IX"), alleging that a teacher and several male students sexually harassed her while she was a student at the Melrose Area Learning Center ("MALC") in Melrose, Minnesota. She brings suit against the special education district in control of the MALC, the West Central Education District ("WCED"), and the independent school districts that joined together to form the WCED, including Independent School District No. 745, Albany, MN ("ISD 745"); Independent School District No. 740, Melrose, MN ("ISD 740"); Independent School District No. 741, Paynesville, MN ("ISD 741"); and Independent School District No. 743, Sauk Centre, MN ("ISD 743") (collectively, the "ISDs"). She also brings claims against Jerome Beddow ("Beddow"), superintendent of the WCED, Betsy Fish ("Fish"), Coordinator of the MALC, and James Molkenthin ("Molkenthin"), teacher at the MALC, in both their official and individual capacities. In addition to her Title IX claims, plaintiff brings claims under 42 U.S.C. § 1983 alleging violations of her constitutional rights under the Equal Protection Clause of the Fourteenth Amendment and the Free Speech and Petition Clauses of the First Amendment to the United States Constitution.1 Plaintiff further alleges that defendants conspired to deprive her of her constitutional rights in violation of 42 U.S.C. §§ 1985 and 1986, and raises common law claims alleging negligent supervision, negligent retention, negligent failure to train, and negligent infliction of emotional distress. This matter is before the Court on defendants' motions for summary judgment dismissing all claims, and on plaintiff's motion to amend the complaint to add a count against the individual defendants under 42 U.S.C. § 1983 for violations of Title IX.
In 1988 the ISDs made an written agreement to form the WCED, an "education district," under Minnesota Statute § 122.91. Pursuant to the ISDs' agreement, as amended, the ISDs have certain rights allowing them to maintain control over the WCED. Each participating ISD has the right to appoint a representative from its own school board to serve on the WCED's governing board, and the right to recall its representative by a majority vote of the appointing school board. Superintendents from the participating ISDs also serve as ex officio members of the WCED board of directors. The agreement requires the WCED board to meet as needed to manage the affairs of the WCED "on behalf of" the participating members of the education district. The agreement further provides for the creation of a program advisory council for the purpose of increasing communications between the member ISDs. Membership on the council includes representatives from each of the separate programs the WCED operates, as well as the superintendents of each of the member schools. The agreement explicitly mandates that the council "provide the opportunity for input from the member school districts." The agreement additionally requires the WCED board to submit an annual report to the member districts about its activities. Furthermore, it requires the WCED to establish a revenue account for each member district to be credited with that district's share of the WCED's revenues, and assessed with each district's share of the costs of participation in the WCED. If the member districts decide to dissolve the WCED, all of its assets will be distributed back to the member ISDs on a proportionate basis.
Although the ISDs' agreement provides them with input into the WCED's operations, the WCED board has the power independently to enter into contracts, implement programs and services, and employ personnel. Furthermore, the WCED has its own identification number and receives federal and state funding both directly and through the ISDs.
The WCED created and governs the MALC, the facility where the events leading to the instant litigation occurred. The MALC is a cooperative alternative secondary school program designed for the purpose of meeting the educational needs of students who are unable to meet their educational needs in a mainstream setting. The school focuses on students who are chemically dependent, displaced homemakers, students with emotional behavioral disabilities, students who have already dropped out of school or have a history of expulsion or truancy, students with a low income, and students who are parents.
Defendant Beddow at all times relevant to this dispute served as the WCED's superintendent.2 Defendant Fish acted as "coordinator" of the MALC, a position similar to that of a director or principal, and defendant Molkenthin was employed as a special education aide, a position that involved teaching duties. Several nonparty MALC employees were in a position to observe many of the events allegedly occurring at the school, including Kathy Klasen ("Klasen"), a technical tutor, and Becky Hiltner ("Hiltner"), the MALC secretary.
Plaintiff began attending the MALC at the age of nineteen in the fall of 1992. She attended the school on a regular basis until the fall of 1993 and then began coming to the school with less frequency. (Dep. of Amy Morlock at 19-22, 190.) The exact date of plaintiff's last visit to the MALC is unclear. Defendant asserts that she last attended in October 1993, while plaintiff states that she last attended the school sometime during the spring of 1994. (Dep. of Amy Morlock at 22.) Plaintiff asserts that she left the MALC because the environment there had become intolerable. She thereafter received a GED in the summer of 1996 from a technical school in Anoka, Minnesota.
Plaintiff alleges that while she attended the MALC defendant Molkenthin engaged in a pattern of unwelcome and offensive sexual conduct directed at her. She specifically asserts that on a daily basis he stared at her breasts, legs, buttocks and crotch. Defendants contend that Molkenthin suffers from ankylosing spondylitis, a form of arthritis that requires him to keep his head tilted downward and aligned with his spine. Plaintiff also alleges, however, that Molkenthin directed other conduct toward her that his condition does not explain. She states that he went out of his way to spend a lot of time with her and that he frequently stood over her with his hand on her chair. She further states that he made numerous comments to her during her tenure at the MALC that were both offensive and sexual in nature. These comments include the following: telling her to tell her boyfriend that he was "lucky" and that "the guys are jealous;" telling her "guys your age always think about sex," and "you know what they're thinking about;" commenting with reference to male students harassing her at the school, "If I was their age, I'd hit on you, too;" telling her "You click better with older people;" stating with reference to another student, "Mike likes your butt;" in response to her comment that a short haircut made her look like a boy, stating "If you are a boy, you are the sexiest boy I've ever seen;" stating with reference to her child, "If a Jewish penis had gotten you pregnant you would have been welcomed with open arms;" and telling her, "It's hard to think of you as a student." Plaintiff further alleges that defendant Molkenthin touched her inappropriately on various occasions during her attendance at the school, including: placing his hand on her buttocks and inner thigh, putting his arms around her and touching her breast, rubbing and pushing his pelvis against her buttocks, and sitting next to her and placing his hand on her thigh. Moreover, plaintiff contends that Molkenthin persistently invited her to his house, stating that he wanted to photograph her and show her his photographs.
Plaintiff asserts that on several of these occasions she told Molkenthin she wanted his behavior to stop. She also asserts that she reported some of the incidents to Klasen and defendant Fish. She specifically states that she told defendant Fish about Molkenthin's repeated invitations to come to his home and said, "he does things and I don't want to be around him anymore." (Dep. of Amy Morlock at 303-04.) She further states that she reported his comment about being "the sexiest boy I've ever seen" to Fish. (Dep. of Amy Morlock at 302). She asserts that Fish responded by telling her that if she was unhappy at the MALC she could go somewhere else. Plaintiff did not file a written grievance with the WCED about Molkenthin's behavior, nor did she communicate directly with defendant Beddow about it.
Plaintiff additionally alleges that while she was a student at the MALC some of the male students at the school engaged in a pervasive pattern of sexually harassing conduct directed towards her, other female students, and female staff. She asserts that various students exposed her to obscene language on an almost daily basis, and further states that some...
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