Scott v. Marion Cmty. Sch.
| Decision Date | 30 March 2021 |
| Docket Number | No. 1:19-cv-01905-JPH-MPB,1:19-cv-01905-JPH-MPB |
| Parties | SUSAN SCOTT, Plaintiff, v. MARION COMMUNITY SCHOOLS, Defendant. |
| Court | U.S. District Court — Southern District of Indiana |
After working as a bus driver for Marion Community Schools ("MCS") for over a year, Susan Scott was fired. Ms. Scott has brought claims against MCS under Title VII for retaliation and hostile work environment, and MCS has filed a motion for summary judgment on both claims. Dkt. [45]. For the reasons below, that motion is GRANTED.
Because MCS has moved for summary judgment under Rule 56(a), the Court views and recites the evidence "in the light most favorable to the nonmoving party and draw[s] all reasonable inferences in that party's favor." Zerante v. DeLuca, 555 F.3d 582, 584 (7th Cir. 2009) (citation omitted). However, because Ms. Scott has not challenged most of the facts designated by MCS, the Court will accept those facts as admitted without controversy. See S.D. Ind. L. R. 56-1(f) (); see Smith v. Severn, 129 F.3d 419, 425-26 (7th Cir. 1997) ().
Ms. Scott started as a bus driver for MCS in July 2017. Dkt. 45-7 at 1 ¶ 5 (Preston Aff.). The next month, as Ms. Scott and bus aide Sandra Hayes walked by bus driver Michael Yoder, he said, "There is a Twinkie," referring to either Ms. Scott or her yellow truck. Dkt. 45-1 at 21, 57-58, 75 (Scott Dep. 53:10-22, 91:1-92:14, 111:7-8). When Ms. Scott told him to stop calling her that, he grabbed his crotch and said, "It depends on what type of cream filling you want." Id. at 21, 57-58 (53:10-22, 91:1-92:14). She told him, "That is not nice" and walked off. Id. at 58 (92:11-14).
A few weeks later, Mr. Yoder drove up behind Ms. Scott while she was walking with Ms. Hayes, revved his engine, and said something like, "Nice day to run someone over." Id. at 24, 26, 61-62 (56:12-18, 58:7-12, 95:22-96:3). Ms. Scott felt threatened by Mr. Yoder's conduct. Id. at 24, 26 (56:25, 58:15-19).
In September 2017, as Ms. Scott spoke about her family members with the last name "Hiatt"—Ms. Scott's maiden name—with a colleague, Mr. Yoder walked in and said that he had once had a date at the Hyatt. Id. at 43-46 (77:19-80:4). Then, in October, Ms. Scott took on an extra mid-day bus runfor additional pay. Id. at 5, 75-76 (35:14-25, 111:23-112:13); dkt. 45-8 at 1-2 ¶ 6 (Richey Aff.). Other bus drivers, including Mr. Yoder, questioned her about why she had received the extra bus run, which they said should have gone to a driver with more seniority. Dkt. 45-1 at 76-85 (Scott Dep. 112:12-121:3).
Sometime in the fall of 2017, Mr. Yoder substituted for Ms. Scott on her bus route. Id. at 66-67 (100:15-101:12). When Ms. Scott returned, the students told her that Mr. Yoder said that he planned to speak with David Khalouf—MCS' Director of Operations, dkt. 45-6 at 1 ¶¶ 3-4 (Khalouf Aff.)—to change Ms. Scott's pick-up times, dkt. 45-1 at 66-67 (Scott Dep. 100:15-101:12).1 MCS never changed Ms. Scott's pick-up times. Id. at 74 (110:2-9).
In January 2018, Dale Beck—a fellow bus driver—parked in the spot Ms. Scott normally parked her bus. Id. at 88-98 (124:7-134:15). After the second day he parked there, Ms. Scott asked Mr. Beck about it, and he said, "We don't have designated spots." Id. at 95-96, 97 (131:19-132:3, 133:17-21). Ms. Scott said she had been told by another bus driver that she could not park in a spot different from her normal one. Id. at 98 (134:1-10).
On three mornings in January, Ms. Scott found that her bus battery was dead and suspected that someone intentionally turned the bus key in the ignition to cause the battery to drain. Id. at 99-104 (135:10-140:23).
Sometime shortly before March 12, 2018, as Ms. Scott sat in a break room with other bus drivers, Mr. Yoder asked her how much money she made. Id. at 26-27, 105-07, 110-11 (58:20-59:4, 141:12-143:15, 146:18-147:23). Mr. Yoder's wife, who is also a bus driver, told Ms. Scott that she was "stepping on people's feet" and asked why she "did not drive a bus route for a school corporation closer to home." Id. at 10, 26-27 (40:11-19, 58:20-59:8).
On March 12, Ms. Scott met with Mr. Khalouf to complain about Mr. Yoder's behavior. Id. at 21 (53:5-9); dkt. 45-6 at 1-2 ¶ 5 (Khalouf Aff.). MCS had never before received a complaint from another employee about Mr. Yoder "behaving inappropriately or discriminatorily toward a female coworker because of her sex." Dkt. 45-6 at 2 ¶ 6 (Khalouf Aff.); dkt. 45-7 at 2 ¶ 7 (Preston Aff.). At the end of the meeting, Mr. Khalouf said he would talk to Mr. Yoder and tell him to stay away from Ms. Scott. Dkt. 45-1 at 27-28 (Scott Dep. 59:24-60:7).
Two days later, Mr. Yoder came up within "an inch behind" Ms. Scott as she walked through the employee breakroom, flicked her purse strap off her shoulder, and asked her how far it was to her house. Id. at 28-31, 116-123 (60:8-63:20, 152:3-159:5). That same day, Ms. Scott told Mr. Khalouf about the incident. Id. at 28-33, 116-123 (60:8-65:9, 152:3-159:5); dkt. 45-6 at 2 ¶ 7 (Khalouf Aff.). After a week off for spring break, dkt. 45-7 at 6 ¶ 16 (Preston Aff.), Mr. Khalouf spoke with Mr. Yoder on April 3 about the complaints and directed him to stay away from Ms. Scott, dkt. 45-6 at 2 ¶ 8 (Khalouf Aff.).
Also on April 3, Mr. Yoder substituted for Ms. Scott on her bus route because she was absent. Dkt. 45-1 at 34 (Scott Dep. 66:1-23). When Ms. Scott returned to her route the next day, her bus riders told her that Mr. Yoder had called her "an idiot" and said that she didn't "know how to drive" and "break[s] the rules by letting kids stand up while her bus is moving." Id. After reaching the school bus hub but while students were still on board, Ms. Scott called Mr. Khalouf and asked him to meet her on the bus. Id. at 36 (68:1-13). When he arrived, Ms. Scott started recounting the story, but Mr. Khalouf told her that he did not want to "hash out her complaint" on the bus. Id.; dkt. 45-6 at 2-3 ¶ 9 (Khalouf Aff.). Ms. Scott responded that she wanted to do it on the bus because the children witnessed Mr. Yoder's behavior. Id. But Mr. Khalouf again told her that he did not want to "hash this out in front of the children." Id.
Mr. Khalouf investigated Ms. Scott's complaint by watching the April 3 bus video but did not hear or see the behavior Ms. Scott alleged. Dkt. 45-6 at 3 ¶ 10 (Khalouf Aff.). Mr. Khalouf also watched the April 4 video of Ms. Scott's route and saw that Ms. Scott instructed the children to have their parents call the bus barn and write complaint letters because MCS would not "take [her] word for it." Id. at 3 ¶ 11. The video showed Ms. Scott telling the children that she wished they had "told [Mr. Yoder] off" because she had "turned him in a few days ago." Id. The video also showed Ms. Scott instructing a student to write down what the other children were saying. Id.; dkt. 45-1 at 34-35, 130-33 (Scott Dep. 66:24-67:25, 166:2-169:3).
On April 10, Mr. Khalouf met with Mr. Yoder again, and Mr. Yoder assured him that he had not spoken to Ms. Scott in weeks and had tried to avoid her. Dkt. 45-6 at 3 ¶ 12 (Khalouf Aff.). Later that day, Mr. Khalouf met with Ms. Scott to discuss the April 4 incident. Dkt. 45-1 at 36-39 (Scott Dep. 68:14-70:22); dkt. 45-6 at 3-4 ¶ 13 (Khalouf Aff.). During this conversation, Mr. Khalouf said Ms. Scott had behaved "childishly" and that she "should [not] be pulling the kids into it" because they could be "easily swayed and manipulated by her" as their regular bus driver. Id.
On April 19, Ms. Scott met with MCS' Director of Human Resources, Shelly Preston, and Assistant Superintendent, Dr. Robert Shultz, to discuss her complaints. Dkt. 45-1 at 46-47 (Scott Dep. 80:5-81:9); dkt. 45-7 at 1-2 ¶ 6 (Preston Aff.). Ms. Scott brought a list of harassing or intimidating behavior done by coworkers. Dkt. 45-1 at 47-49 (Scott Dep. 81:10-83:17); dkt. 45-2 (Scott Notes); dkt. 45-7 at 1-2 ¶ 6 (Preston Aff.), 7-26. For around 90 minutes, they discussed Ms. Scott's complaints, with Ms. Preston reading through each page of the chronology and asking questions. Dkt. 45-1 at 49-50 (Scott Dep. 83:18-84:13); dkt. 45-3 (Meeting Notes). Ms. Scott shared details about each incident except the "Hyatt" comment. Dkt. 45-1 at 56-62, 74-75, 105-24 (Scott Dep. 90:14-96:2, 110:16-111:12, 141:12-160:5). Ms. Preston asked Ms. Scott to provide her with witness names, and she said Sandra Hayes. Id. at 133 (169:4-10). At the end of the meeting, Ms. Preston told Ms. Scott that she would investigate her claims. Id.
The next week, Ms. Preston met separately with Mr. Yoder and Ms. Hayes. Dkt. 45-7 at 2-4 ¶¶ 8-9 (Preston Aff.), 29-32. Mr. Yoder denied that most of the alleged events happened and disputed facts for others, and Ms. Preston directed him to avoid personal communications with Ms. Scott "to avoid any misinterpretation of verbal or nonverbal communications with her." Id. at 2-3 ¶ 8 (Preston Aff.), 29, 31. Ms. Hayes denied witnessing inappropriate actions or harassing comments toward Ms. Scott. Id. at 3-4 ¶ 9 (Preston Aff.), 32.
On May 7, Ms. Preston met with Ms. Scott again and explained that she could not substantiate her claims and that Ms. Scott should avoid communicating with Mr. Yoder unless required for work. Dkt. 45-1 at 138-39 (Scott Dep. 177:4-178:22); dkt. 45-7 at 5 ¶ 11 (Preston Aff.). Ms. Scott responded that she had filed a complaint with the Equal Employment Opportunity Commission ("EEOC"). Dkt. 45-1 at 139-40 (Scott Dep....
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