Samuel v. Williamsburg-James City County Sch. Bd.

Decision Date31 March 2008
Docket NumberCivil Action No. 4:04cv50.
Citation540 F.Supp.2d 667
PartiesLaMonica SAMUEL, Plaintiff, v. WILLIAMSBURG-JAMES CITY COUNTY SCHOOL BOARD, by Denise W. KOCH, Chairperson, Defendant.
CourtU.S. District Court — Eastern District of Virginia

LaMonica Samuel, pro se.

S. Lawrence Dumville, Esquire, Norris & St. Clair, PC, Virginia Beach, VA, for Defendant.

OPINION AND ORDER

WALTER D. KELLEY, JR., District Judge.

LaMonica Samuel, an African — American woman, alleges that she experienced race-based discrimination while employed as an Administrative Assistant/Registrar ("Registrar") at Jamestown High School ("Jamestown"). Although Ms. Samuel's relationship with certain members of Jamestown's administration became increasingly acrimonious, her race did not contribute to this deterioration. Rather her poor job performance was to blame, and it ultimately led to her termination by the Williamsburg-James City County school Board (the "School Board"). She subsequently filed this action, pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII") and 42 U.S.C. § 1981.

Despite open discovery, Ms. Samuel is unable to offer any credible evidence that discrimination, rather than poor job performance, prompted her dismissal. The Court therefore GRANTS the School Board's Motion for Summary Judgment (Docket No. 82).

I. Facts and Procedural Background

Ms. Samuel began working at Jamestown in 1999. At some point during her tenure, she assumed the position of Registrar. In that capacity, Ms. Samuel served at the direction of Jamestown's guidance counselors. Though she was generally tasked with managing all student records, her critical job responsibilities included processing students' requests to transfer or withdraw from certain classes, as well as preparing and forwarding students' transcripts to colleges. (WJCC 078.)1

At the beginning of the 2001-2002 school year, Ms. Samuel's job performance began to decline. Ms. Samuel failed to submit, or submitted defective, multiple add/drop forms on behalf of students seeking to change their course schedules. She excused students from class for "guidance counseling," and provided them with notes to that effect, without seeking prior authorization from a guidance counselor. One of those students ran errands for Ms. Samuel. (WJCC 010.)

During the same school year, Ms. Samuel, without consulting her superiors, enrolled students in online classes at Keystone National High School ("Keystone"), a virtual institution. Jamestown students could complete a limited number of internet courses, excluding those related to math and science, with the prior approval of a guidance counselor or Jamestown's principal, an African-American man named Andrew Cypress. Yet, a 2001-2002 status report addressed to "L. Samuel, Counselor" listed eight students who completed Keystone classes without prior authorization. (Nilson Aff. ¶ 6.) Three of those students took math courses. Id.

The following school year, Ms. Samuel submitted a number of students' transcripts to the wrong universities. She mailed other transcripts late.2 She packaged transcripts in bulk and handwrote mailing addresses, even though Robert Nilson, the lead guidance counselor at Jamestown, asked her to mail each transcript separately and typewrite the addresses.3 To make matters worse, Ms. Samuel continued to erroneously process students' add/drop forms and misfile student records.

Ms. Samuel's supervisors were less than pleased with her work. Daniel Fields Jamestown's assistant principal, met with Ms. Samuel about her deficiencies on numerous occasions. He and Mr. Nilson also noted Ms. Samuel's shortcomings in emails and memoranda. More often than not, their criticism provoked an impassioned response by Ms. Samuel. Consequently, Principal Cypress spent a substantial amount of time refereeing these disputes.

On May 7, 2003, Ms. Samuel met with Principal Cypress and Marguerita DeSander, the Director of Human Resources for the School Board, to discuss her future with the Williamsburg-James City County school system.4 Principal Cypress informed Ms. Samuel that he would recommend that the School Board not renew her contract for the 2003-2004 school year.5 (WJCC 038.) Ms. DeSander waited until May 14, 2003 to forward Principal Cypress's recommendation to the School Board, in order to give "Ms. Samuel the opportunity to resign. Instead of resigning, Ms. Samuel petitioned the School Board for a hearing on Principal Cypress's recommendation. The School Board denied her petition.

Around the same time, Ms. Samuel also requested a medical leave of absence due to work-related stress. She asked to be excused from work for the remainder of her contract, which was to expire on June 30, 2003. The School Board granted her request. Days later, Ms. Samuel changed her mind. She asked the School Board to allow her to work on Saturdays during the summer months. The School Board' denied that request, as Ms. Samuel previously had submitted a physician's status re port in which her doctor opined that she was unable to perform her job functions due to her mental infirmity.6

At its June 2, 2003 meeting, the School Board voted not to renew Ms. Samuel's contract.7 Rita Dryden, the other administrative assistant in Jamestown's guidance department, was selected to fill Ms. Samuel's position.

On January 8, 2004, Ms. Samuel filed a discrimination and retaliation claim with the Equal Employment Opportunity Commission ("EEOC"). The EEOC issued Ms. Samuel a Notice of Right to Sue and, Ms. Samuel, acting pro se, timely filed the instant lawsuit. In addition to suing the School Board, Ms. Samuel named a number of her former supervisors as Defendants in her Amended Complaint. (Docket No. 43.) She based her claims on federal statutes and Virginia common law causes of action.

By Order dated July 17, 2007, the Court dismissed all Defendants from the lawsuit except the School Board. (Docket No. 74.) The Court also dismissed many of Ms. Samuel's claims. Id. Four claims survived: (1) disparate treatment under Title VII, 42 U.S.C. § 2000e-2(a); (2) hostile work environment under Title VII, 42 U.S.C. § 2000e-2(a); (3) retaliation under Title VII, 42 U.S.C. § 2000e-3(a); and (4) equal rights violation under 42 U.S.C. § 1981. This matter is before the Court on the School Board's Motion for Summary Judgment on all four claims. (Docket No. 82.)

II. Principles of Summary Judgment

Summary judgment is appropriate only when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."8 Fed.R.Civ.P. 56(c); see also Hunt v. Cromartie, 526 U.S. 541, 549, 119 S.Ct. 1545, 143 L.Ed.2d 731 (1999); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Warch v. Ohio Cas. Ins. Co., 435 F.3d 510, 513 (4th Cir.), cert. denied, ___ U.S. ___, 127 S.Ct. 53, 166 L.Ed.2d 21 (2006); Walton v. Greenbrier Ford, Inc., 370 F.3d 446, 449 (4th Cir.2004). A court "must take special care" when considering a summary judgment motion in an employment discrimination case because the employer's "motive is often the critical issue." Beall v. Abbott Labs., 130 F.3d 614, 619 (4th Cir.1997) (quoting Evans v. Techs. Applications & Serv. Co., 80 F.3d 954, 958 (4th Cir.1996)), abrogation recognized on other grounds, Gilliam v. S.C. Dep't of Juvenile Justice, 474 F.3d 134 (4th Cir. 2007); Ballinger v. N.C. Agric. Extension Serv., 815 F.2d 1001, 1005 (4th Cir.1987). Nevertheless, summary judgment remains an appropriate disposition when the plaintiff is unable to prevail on his or her discrimination claims as a matter of law. Beall, 130 F.3d at 619; Evans, 80 F.3d at 958-59.

III. Analysis

A plaintiff proceeding under Title VII may prove his or her case in one of two ways. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 318 (4th Cir.2005); Hill v. Lockheed Martin Logistics Mgmt., Inc., 354 F.3d 277, 284 (4th Cir.2004); EEOC v. Clay Printing Co., 955 F.2d 936, 940 (4th Cir.1992); Goldberg v. B. Green and Co., 836 F.2d 845, 847-48 (4th Cir.1988). First, he or she may establish a claim for discrimination "under the ordinary standards of proof by direct or indirect evidence relevant to and sufficiently probative of the issue." Clay Printing Co., 955 F.2d at 940; see also Diamond, 416 F.3d at 318; Hill, 354 F.3d at 284; Goldberg, 836 F.2d at 847.

Alternatively, a Title VII plaintiff may proceed under the burden-shifting framework established by the Supreme Court of the United States in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See Diamond, 416 F.3d at 318; Hill, 354 F.3d at 285; Clay Printing Co., 955 F.2d at 940; Goldberg, 836 F.2d at 847. Because Ms. Samuel has not presented evidence of discriminatory intent, the Court will examine her claims of discrimination using the McDonnell Douglas burden-shifting framework.9 See Hill, 354 F.3d at 284-85; Thompson v. Potomac Elec. Power Co., 312 F.3d 645, 649 (4th Cir.2002); Puckett, 391 F.Supp.2d at 431 n. 2.

A. Title VII Claims
1. Disparate Treatment

In order to establish a prima facie case of disparate treatment, Ms. Samuel must show: "(1) that she is a member of a protected class; (2) that she was qualified for her job and her job performance was satisfactory; (3) that, in spite of her qualifications and performance, she was fired; and (4) that the position remained open to similarly qualified applicants after her dismissal." Karpel, 134 F.3d at 1228 (quoting Williams v. Cerberonics, Inc., 871 F.2d 452, 455 (4th Cir.1989)); see 42 U.S.C. § 2000e-2(a). Because her job performance was unsatisfactory, Ms. Samuel cannot satisfy the standard's second element.

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