Nelson v. Almont Community Schools
| Decision Date | 26 June 1996 |
| Docket Number | No. 95-71438-DT.,95-71438-DT. |
| Citation | 931 F. Supp. 1345 |
| Parties | Tad NELSON, Beverly Nelson and David Nelson, Plaintiffs, v. ALMONT COMMUNITY SCHOOLS, Almont High School, Jean Schohl, James Jenuwine and Steven Zott, Jointly and Severally, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
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John Monnich, Troy, Michigan, for plaintiffs.
Stephanie Neal, Flint, Michigan for Jean Schohl and Gary Collins, Southfield, Michigan, for remaining defendants.
This matter is presently before the Court on two Motions for Summary Judgment: (1) the "Motion for Summary Disposition" filed on behalf of Defendants Almont Community Schools, Almont High School, James Jenuwine and Steven Zott; and (2) the separately-filed Motion for Summary Judgment of Defendant Jean Schohl. Plaintiff has responded to both of these Motions to which response the Defendants have replied.
Having reviewed and considered the parties' respective briefs and supporting documents, and having heard the oral arguments of counsel at the hearing held on May 30, 1996, the Court is now prepared to rule on the subject Motions. This Opinion and Order sets forth that ruling.
This sex harassment action arises out of an alleged improper relationship between Plaintiff Tad Nelson and a former English teacher at Almont High School, Defendant Jean Schohl, that lasted for approximately six months from November 1992 until May 1993. Tad Nelson was, at that time, 17 years old, and in the 11th grade at Almont High School. In May 1993, Tad Nelson attempted to commit suicide by taking an overdose Benadryl. When his parents searched his room to find out what he had taken, they found Tad's journals, and letters and notes evidencing his relationship with Ms. Schohl, one of his teachers.
After Tad attempted suicide, Tad's parents told the doctors who treated him at Lapeer Regional Hospital that they knew that Tad and Ms. Schohl had a "close" relationship which they had thought for some time was getting more and more inappropriate. The letters they found in Tad's room confirmed their suspicions.
It appears that Tad and Jean Schohl's "relationship" started out rather innocently. During the 1992-93 school year, Tad Nelson was in the 11th grade, and in two of Ms. Schohl's classes — American Literature and an independent study hour in which Tad was studying theater of the absurd.2 Tad had been in Ms. Schohl's 10th grade English class the preceding academic year. When the '92-'93 school year got under way, Ms. Schohl observed what she perceived to be a difference in behavior and demeanor in Tad from what she had observed the previous year. He was more silent and moody in class, did not volunteer as much as he had in the 10th grade, and did not seem to be interacting as much with his classmates. Ms. Schohl viewed herself as a "counselor" of sorts with respect to students who she thought might be having some kind of out-of-school problems. She testified in her deposition that if it looked like a student was troubled by something, she sometimes would write the student a note indicating that she was available if he or she wanted to talk to someone. She did this with Tad, and suggested that if he found it difficult to talk about what was bothering him, that he keep a journal as did her 12th grade English students.3
Ms. Schohl testified that she discussed Tad's change in behavior with his mother at a parent-teacher conference and his mother confirmed that Tad's behavior had changed. Ms. Schohl informed Mrs. Nelson that she had suggested the journal as a means for Tad to express his feelings and that while she would not reveal to Mrs. Nelson what Tad wrote about verbatim because she deemed it confidential, if she saw something which raised concerns, she would advise Mrs. Nelson. Ms. Schohl testified that Mrs. Nelson agreed, and that she thought the journal would be a good idea because she was frustrated and did not know what direction she should take with Tad.4
The tone and character of Tad Nelson's journal entries, and Ms. Schohl's comments in response, changed over time, with both Schohl and Nelson expressing themselves in even more intimate terms. In addition to the journals, Tad and Ms. Schohl frequently communicated in notes and letters which were passed to one another in school, either surreptitiously in the hallway or by dropping the notes/letters on one another's desks.
The journals, notes and letters indicate that Schohl and Nelson frequently met outside of school, dined together at restaurants, attended concerts and movies together, and exchanged phone calls, notes, cards and gifts. Ms. Schohl even gave Tad her telephone calling card so Tad could call her at her home in Oak Park from his home in Almont, without raising the suspicions of his parents. There was kissing and hugging but no sexual intercourse between the two.
The journals as well as the deposition testimony of both Schohl and Nelson indicate that the two made conscious, consistent and repeated efforts to keep their relationship secret. Further, both Nelson and Schohl recognized that their relationship was improper and would be disapproved by their respective families and the school administration if it were discovered.
It is undisputed that both Nelson and Schohl expressly denied any personal relationship when they were separately asked direct questions about their relationship by Steven Zott, the high school principal at the time.5
Zott testified that he had no idea there was anything improper going on between Ms. Schohl and Tad. He stated that both were well-thought of in the school community. Prior to Tad's suicide attempt, no teachers or students ever reported to him that they suspected impropriety.
The only information that Zott received prior to May 21, 1993 was in January or February 1993. Zott testified that on a few ballots for Almont's "Snowcoming" king and queen, five or six students had written in nominations for Tad and Ms. Schohl. (Almont has a winter dance called the "Snowcoming Dance" patterned after its fall "Homecoming" counterpart, for which the student body elects a queen and king.) Zott testified that this, however, did not raise any suspicions in his mind because as he explained, students did not always take the king and queen elections seriously, and he, himself, had been a write-in nominee several times on student ballots and frequently write-ins would include the names of actors, actresses and even King Kong.
According to Zott, the Snowcoming dance was the following weekend. One of the chaperons at the dance, Dave Farcus, was a minister at the First Congregational Church in town. Zott testified that Rev. Farcus had come to see him during the dance (Zott remained in his office during the dance) and asked him if he thought it was appropriate for a staff member to dance with a student. Zott said that he told Rev. Farcus that actually at times he thought it was good for students to see teachers in a different light and so it really did not concern him if teachers "get out and shake a leg a little bit." Zott testified that Rev. Farcus said he was not talking about "fast" dancing, but rather about "slow" dancing. He then identified the dancers as Ms. Schohl and Tad Nelson.
Zott testified that although he thought that as a minister, Rev. Farcus might be a little "overly sensitive" to the dancing, because of "appearances", he did not want Ms. Schohl and Tad to be the subject of harmful talk around the school. Therefore, he called the two into his office separately on Monday morning and discussed this matter with each, privately and individually. He told them about the slow dancing report and that their names had been on several ballots. Both denied that there was anything going on between them. Schohl pointed out that she had danced with other students at the dance, as well. Zott accepted their denials at face value.6 No further incidents were brought to the attention of Zott or any other school administrator.
No Almont High School faculty or staff member reported any suspicions of an improper relationship to Zott. Although Nelson admitted that he and Schohl hid the relationship, at his deposition he named a number of faculty members who he believed knew of the relationship. However, he had no factual basis for his belief that there were teachers who knew of the relationship; he merely identified teachers whom he believed were social friends of Ms. Schohl and said that because they were friends of Ms. Schohl they must have known.
Nor could Tad identify any student who knew of his relationship with Ms. Schohl. He merely stated that Almont is a small town where everyone knows each other and, therefore, he believed that students must have known based on "just common vibes."
It is undisputed that Tad Nelson never complained about or reported his relationship with Ms. Schohl to Mr. Zott, or any other school administrator, or to the police.
Plaintiff now contends that for nearly two months before May 1993, he wanted to break things off with Ms. Schohl.7 However, he did not actually do so until May 6, 1993 when he returned to her a locket she had given him and wrote to her that he did not want to continue with their "relationship", and that he was going back to being just another high school student. Ms. Schohl admitted that she had a difficult time accepting his decision. According to Tad, her notes to him following the break-up became more "intense" and he felt that she was pressuring him to continue the relationship. He contends that it was Schohl's refusal to accept his decision to break things off and her continued intensity that drove him to his suicide attempt on May 20, 1993.
Tad contends that the school administrators (Mr. Zott and Mr. Jenuwine) and the school district are responsible for his injuries because ...
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