Sullivan v. River Valley School Dist.
| Decision Date | 08 September 1998 |
| Docket Number | No. 4:97-CV-54.,4:97-CV-54. |
| Citation | 20 F.Supp.2d 1120 |
| Parties | Richard A. SULLIVAN, Plaintiff, v. RIVER VALLEY SCHOOL DISTRICT, a Michigan corporation, and Charles O. Williams, Superintendent, individually and in his official capacity, Defendants. |
| Court | U.S. District Court — Western District of Michigan |
Robert A. Yingst, Boothby & Yingst, Berrien Springs, MI, for Richard A. Sullivan, plaintiff.
Timothy R. Winship, C. George Johnson, Thrun, Maatsch & Nordberg, PC, Lansing, MI, for River Valley School District, and Charles O. Williams, defendants.
This is another chapter in a long history of litigation by Plaintiff Richard A. Sullivan against the River Valley School District.1 In this action, Plaintiff has sued the River Valley School District and its Superintendent, Charles O. Williams, for violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. and the Michigan Handicappers Civil Rights Act ("MHCRA"), M.C.L.A. § 37.1101 et seq. This matter is before the Court on Defendants' motion for summary judgment.
Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. In evaluating a motion for summary judgment the Court must look beyond the pleadings and assess the proof to determine whether there is a genuine need for trial. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). If Defendants carry their burden of showing there is an absence of evidence to support a claim then Plaintiff must demonstrate by affidavits, depositions, answers to interrogatories, and admissions on file, that there is a genuine issue of material fact for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 324-25, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
In determining a motion for summary judgment the court views the evidence in the light most favorable to the opposing party and draws all justifiable inferences in his favor. Morales v. American Honda Motor Co., 71 F.3d 531, 535 (6th Cir.1995). Nevertheless, the mere existence of a scintilla of evidence in support of Plaintiff's position is not sufficient to create a genuine issue of material fact. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The proper inquiry is whether the evidence is such that a reasonable jury could return a verdict for Plaintiff. Id. See generally, Street v. J.C. Bradford & Co., 886 F.2d 1472, 1476-80 (6th Cir.1989).
Richard A. Sullivan has been a tenured school teacher with the River Valley School District since 1977. He taught physical education, math and study skills classes. Until 1995 he received satisfactory evaluations and was never reprimanded or disciplined.
Plaintiff's disputes with the School Board began in 1990 when he filed a grievance after an unsuccessful bid for a coaching position. His grievance was denied and he withdrew his membership in the union. For the next couple of years there were disputes over Plaintiff's failure to pay the required union representation fee.
In March 1995 Mr. Degner and Mr. Zech evaluated Sullivan's performance. They gave him unsatisfactory performance ratings in the areas of teacher-staff relationships and adherence to administrative policies. The evaluators commented that they were concerned that Sullivan's ongoing conflicts with the union, administration and staff had isolated him and dominated his focus, "taking energy away from his teaching effectiveness." They further commented that he "must improve human relations skills within the district."
Defendant Williams sent Dr. Onkka, a psychologist, some of Mr. Sullivan's letters, claims and grievances from 1992 through 1995, and requested an informal assessment of Mr. Sullivan's fitness as a teacher. By letter dated April 14, 1995, Dr. Onkka advised that Dr. Williams should consider a more formal assessment of Mr. Sullivan's personality to determine his fitness for his job. Dr. Onkka found that a principal theme emerging from the materials was a pattern of disruptiveness and manipulativeness. Dr. Onkka did not believe that Mr. Sullivan posed a threat of violence, but given the pattern of suspiciousness and distrust, Mr. Sullivan appeared to be struggling with a possible psychiatric disorder which warranted further investigation.
On April 27, 1995, Dr. Williams notified Mr. Sullivan that he was suspended with pay pending a decision by the Board on Dr. Williams' recommendation that Plaintiff be required to have a physical and mental examination to determine whether an involuntary sick leave was warranted. At a hearing on May 8 the Board voted to accept Dr. Williams' recommendation, and ordered Plaintiff to submit to physical and mental examinations. Plaintiff was present at the meeting with counsel, but no discussion or questions were allowed.
In June 1995 Dr. Williams filed tenure charges against Mr. Sullivan alleging that Mr. Sullivan exercised poor professional judgment and engaged in acts of misconduct and insubordination by: 1) writing a letter to a student that was contemptuous of a faculty sponsor and contained inappropriate, contemptuous and cynical remarks; 2) disclosing confidential student record information; 3) failing to report for meetings with the Superintendent; 4) leaving the school building without authorization; 5) failing to comply with the Superintendent's directives to turn over his grade book and lesson plan book; 6) failing to comply with the Board's directives to have a physical and mental examination; 7) failing to comply with the Superintendent's directive that he make arrangements to review charges; 8) engaging in disruptive and abusive behavior at a meeting of the Board of Education; 9) threatening members of the Board; and 10) refusing to sign his evaluation and individualized development plan.
On July 24, 1995, the School Board determined that Plaintiff's conduct constituted just cause for his discharge from employment.
Plaintiff appealed the Board's decision to the Michigan State Tenure Commission ("STC") contesting the factual basis for the charges and alleging that the Defendants' actions violated the Teachers' Tenure Act, the United States and Michigan Constitutions, the Collective Bargaining Agreement, and the Open Meetings Act.
A hearing was held before the STC. By a decision dated May 23, 1996, the STC declined to discharge Sullivan, but imposed a three-year unpaid suspension against Plaintiff, and required that before returning to teaching in the 1998-99 school year he comply with the Board's directive to undergo physical and mental examinations with the designated doctors at the Board's expense. Plaintiff's appeal of his suspension is pending before the State Court of Appeals.
Plaintiff filed charges of discrimination with the Equal Employment Opportunity Commission ("EEOC") and the Michigan Department of Civil Rights. On April 3, 1997 the Department of Justice, Civil Rights Division, sent Plaintiff a right to sue letter. Plaintiff timely filed this action against the School District and the former Superintendent alleging disability discrimination and retaliation under the ADA and the MHCRA. Defendants have filed a motion for summary judgment.
Defendants contend that the instant dispute involves issues which should have been presented to and decided by the Michigan State Tenure Commission ("STC"), and that this action must accordingly be dismissed under the doctrine of res judicata.
Agency proceedings can be res judicata in a later judicial proceeding if the parties had a full and fair opportunity to litigate the issue before the agency. Kremer v. Chemical Construction Co., 456 U.S. 461, 480-81, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982); United States v. Utah Construction & Mining Co., 384 U.S. 394, 422, 86 S.Ct. 1545, 16 L.Ed.2d 642 (1966). Res judicata applies when "the issues raised in the subsequent case were either resolved in the prior case or, through the exercise of reasonable diligence, might have been raised and resolved in the prior case." Perkins v. Regents of Univ. of Michigan, 934 F.Supp. 857, 862 (E.D.Mich.1996). The Teachers Tenure Act requires a teacher to file a claim of appeal with the STC no later than 20 days after receipt of the controlling board's decision. M.C.L.A. § 38.104(1); M.S.A. § 15.2004(1). A party seeking to file an employment discrimination claim under the ADA must follow the administrative procedures set forth in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(e) ("Title VII"). See 42 U.S.C. § 12117. Title VII requires an aggrieved party to file, within 180 days of the alleged discriminatory practice, a charge with the EEOC and receive a "right to sue" letter before bringing an action against "the respondent named in charge." 42 U.S.C. § 2000e-5. See Dao v. Auchan Hypermarket, 96 F.3d 787, 789 (5th Cir.1996); Schmitt v. Beverly Health and Rehabilitation Services, Inc., 962 F.Supp. 1379, 1383 (D.Kan.1997); Ditzel v. University of Medicine and Dentistry of New Jersey, 962 F.Supp. 595, 602 (D.N.J.1997).
In light of the exhaustion requirements under the ADA, the Court finds that Plaintiff did not have a full and fair opportunity to litigate the disability discrimination claim before the STC. Accordingly, Plaintiff's action before the STC does not preclude him from filing his ADA action in this Court.
Defendants argue, in the alternative, that they are entitled to summary judgment because Plaintiff cannot make out a case of disability discrimination.
The ADA prohibits an employer from discriminating "against a qualified individual with a disability because of the disability of such individual." 42 U.S.C. § 12112(a). In a case such as this, where the plaintiff has no direct evidence of disability discrimination and...
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