Schul v. Sherard, No. C-3-98-217.

• Decision Date: 24 January 2000
• Docket Number: No. C-3-98-217.
• Citation: 102 F.Supp.2d 877
• Parties: Bob SCHUL, Plaintiff, v. Jim SHERARD, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

102 F.Supp.2d 877

Bob SCHUL, Plaintiff, v. Jim SHERARD, et al., Defendants.

No. C-3-98-217.

United States District Court, S.D. Ohio, Western Division.

January 24, 2000.

COPYRIGHT MATERIAL OMITTED

Paul R. Leonard, Dayton, OH, for plaintiff.

Robert J. Surdyk, Jenks, Surdyk & Cowdry Co., Dayton, OH, Stephen D. Brandt, Green & Green, Dayton, OH, for Sherard, Jim Sherard, Eric D. Ely, defendants.

C. Bronston McCord, III, Stephen D. Brandt, George Edward Roberts, II, Ennis, Roberts and Fischer, Cincinnati, OH, Richard Burke, defendant.

Michael Joseph Burdge, Young Pryor Lynn & Jerardi, Dayton, OH, Stephen D. Brandt, Ennis, Roberts and Fischer, Cincinnati, OH, for Board of Educ. for Huber heights School Dist., Dallas Slagle, Doris Studebaker, Bob Finch, Carl Fisher, John Haslett, defendants.

DECISION AND ENTRY SUSTAINING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. # 30); JUDGMENT TO BE ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF; TERMINATION ENTRY

RICE, Chief Judge.

This litigation stems from the Plaintiff's placement on administrative leave, from his position as a high school track coach, for allegedly advocating the use of caffeine as a performance-enhancing substance. After receiving a complaint that the Plaintiff had suggested the use of caffeine pills, or another form of caffeine, to one or more of his student-athletes, Defendant Eric Ely, the Principal of the school where the Plaintiff coached, imposed the administrative leave sanction on May 8, 1998. Thereafter, the Plaintiff commenced the present litigation on June 19, 1998, by filing a four-count Complaint, alleging a violation of 42 U.S.C. § 1983 (Count I), based upon a deprivation of his First Amendment right to freedom of speech (Count II), his First Amendment right to freedom of association (Count III), and his Fifth and Fourteenth Amendment due process rights (Count IV). The Complaint names the following Defendants: (1) Jim Sherard, individually and in his official capacity as Athletic Director for Wayne High School (2) Eric D. Ely, individually and in his official capacity as Principal for Wayne High School; (3) Richard Burke, individually and in his official capacity as Superintendent for the Huber Heights School District; (4) the Board of Education for the Huber Heights School District; (5) Dallas Slagle, individually and in his official capacity as President of the Huber Heights School District; (6) Doris Studebaker, individually and in her official capacity as Vice President of the Huber Heights School District; (7) Bob Finch, individually and in his official capacity as a member of the Huber Heights School Board; (8) Carl Fisher, individually and in his official capacity as a member of the Huber Heights School Board; (9) John Haslett, individually and in his official capacity as a member of the Huber Heights School Board; and (10) four John/Jane Doe Defendants. Pending before the Court is a Motion for Summary Judgment (Doc. # 30), filed by the Defendants.

I. Factual and Procedural Background

At all relevant times, Plaintiff Bob Schul has been a social studies teacher for the Dayton City Schools. (Schul depo. at 5). In addition to his teaching duties with the City of Dayton, Schul signed a separate contract with the Huber Heights City Schools to serve as the head track coach at Wayne High School during the 1997-1998 school year. (Id. at 27-28). After Schul's selection became known to the public, Huber Heights City Schools Superintendent Richard Burke heard a complaint about Schul having mentioned caffeine or caffeine pills to a student athlete in the past.¹ (Burke depo. at 12, 17). According to Wayne High School Principal Eric Ely, the school district also received telephone calls regarding Schul's prior advocacy of caffeine consumption or caffeine pills to enhance athletic performance. (Ely depo. at 26-28). In addition, the school district's athletic trainer expressed her surprise at Schul's selection for the position as head track coach. (Sherard depo. at 15). She told Wayne High School Athletic Director James Sherard that Schul "had a history of trying to get kids to take caffeine to enhance performance...." (Id. at 16).

After hearing these complaints and rumors, Sherard and Ely met with Schul to warn against his advocating caffeine as a performance-enhancing substance in his position as a coach at Wayne High School. According to Ely, the two school administrators informed Schul of the rumors and instructed him not to mention the word "caffeine" to members of the track team. (Ely depo. at 28). Similarly, in his deposition, Sherard recalled giving Schul a "directive" not to mention the word "caffeine" to members of the school's track team. (Sherard depo. at 14). Although Schul does not dispute speaking with Ely and Sherard about caffeine, he contends that he was told only that "[i]t would probably be best if you didn't mention caffeine[.]" (Schul depo. at 36).² Schul thought that this comment from Ely and Sherard was "strange," but he did not perceive it as a prohibition against mentioning caffeine to his team members. (Id. at 36-37).

In any event, during a track meet known as the Roosevelt Relays, Schul recommended that Wayne High School distance runner Gregory Starks should consume a cola, because the caffeine would help his body to function properly during an upcoming race.³ (Schul depo. at 76-77, 136). He also told Starks, after the race, that a pre-competition soft drink would have "brought [his] body awake and mind awake" and would have improved the way he felt during the race.⁴ (Id. at 118). During that post-race conversation, Schul and Starks then "had a discussion about what world[-class] athletes do with caffeine, that it is a legal substance, that there is no rule against it in the Olympic games, [and] no rule against it in [the] NCAA or in [the] high school federation." (Schul depo. at 118).

In his deposition testimony, Starks stated that Schul also mentioned the benefits of taking caffeine pills during a post-race conversation. (Starks depo. at 15-16). Starks further recalled Schul explaining that he (Schul) had consumed the pills to "get his heart moving," and suggesting that Starks might wish to do the same. (Starks depo. at 16). Although Schul categorically denies mentioning caffeine pills to Starks (as opposed to caffeinated drinks), it is undisputed that the student subsequently spoke with his friend and classmate, Dan Petrik, about Schul's references to caffeine. It is also undisputed that Starks told Petrik that Schul had suggested the use of caffeine pills. (Starks depo. at 27; Petrik depo. at 8, 12). Petrik subsequently mentioned Starks' claim to his mother, Melanie Plaster, who complained to Sherard. (Petrik depo. at 13-14; Plaster depo. at 12; Sherard depo. at 28). Plaster told Sherard that Schul "was telling Greg Starks to take caffeine pills, and that she didn't think it should be done...." (Sherard depo. at 29). Around that time, Ely received an angry telephone call from Starks' step-father, who wanted to know "why there was a coach telling his son to take caffeine...." (Ely depo. at 37). Ely and Sherard also spoke directly with Starks, who told them that Schul had suggested the use of caffeine pills. (Starks depo. at 25, 29).

After receiving the foregoing complaints, Ely and Sherard met with Schul about his conversations with Starks. They informed him of the allegations regarding his recommendation of caffeine consumption to enhance Starks' athletic performance. (Schul depo. at 134). In response, Schul admitted telling Starks, prior to his race, that he should consume a soft drink. (Id. at 116-117, 135). He also admitted telling Starks, after the race, that consuming a pre-competition soft drink would have "brought [his] body awake and mind awake" and would have helped him not to feel "loggy." (Id. at 118, 135). Schul also does not dispute telling Starks about the use of caffeine by "world athletes." (Id. at 118). He cannot recall, however, whether he conveyed that portion of his conversation with Sparks to Ely and Sherard during their meeting. (Id. at 136).

In any event, after allowing Schul to explain his version of events, Ely handed him a letter and asked him to sign it. (Schul depo. at 92-93). The May 8, 1998, letter from Ely to Schul states:

It has been brought to my attention that you may have suggested to at least one of our student-athletes on the track team that he should take caffeine pills or another form of caffeine to enhance his performance. If this is true, I am very disappointed and disturbed. As you will recall, Mr. Sherard and I both specifically told you not to suggest caffeine (or anything else) to student-athletes to enhance their performance. This conversation occurred late in the summer of 1997. As a result of this situation, I am instituting an investigation to seek out the truth.

Until further notice, you are on administrative leave from your duties as Head Track Coach at Wayne High School. I am further directing you to have no further contact with team members and you are not to be on the premises of Wayne High School or the HUBER HEIGHTS CITY SCHOOLS without permission from Mr. Sherard, Athletic Director, Mr. Burke, Superintendent; or myself.

If you have any questions regarding this matter, please direct them to Mr. Sherard or myself.... You will be contacted once the investigation is complete.

(Doc. # 34 at Exh. 2; Schul depo. at 90, 94-95).

After receiving this letter, Schul wrote across the top, "I do not agree," or words to that effect. (Schul depo. at 91). Thereafter, he had no further contact with Starks or any other members of the track team. On June 19, 1998, Schul commenced the present litigation. (Complaint, Doc. # 1). His coaching contract expired on June 30, 1998, and it was not renewed.

II. Summary Judgment Standard

The Court first will set forth the parties' relative burdens once a motion for summary judgment is made. Summary judgment...