Turner v. Dep't of Educ.
| Citation | 855 F.Supp.2d 1155,283 Ed. Law Rep. 894 |
| Decision Date | 29 February 2012 |
| Docket Number | Civ. No. 10–00707 ACK–BMK. |
| Parties | Ricky TURNER, Plaintiff, v. DEPARTMENT OF EDUCATION State of HAWAII; Patricia Hamamoto Superintendent; Mary A. Correa, Complex Area Superintendent; Sharon Beck, Principal Ka'u High Pahala Elementary School; Carri Mestuzzi, Behavior Counselor, Defendants. |
| Court | U.S. District Court — District of Hawaii |
OPINION TEXT STARTS HERE
Andre S. Wooten, Honolulu, HI, for Plaintiff.
Jeffrey A. Keating, Department of the Attorney General–State of Hawaii, Honolulu, HI, for Defendants.
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
On November 29, 2010, Ricky Turner (“Plaintiff”), an African–American, filed a complaint for employment discrimination against the Department of Education, State of Hawaii (the “DOE”), DOE Superintendent Patricia Hamamoto, Complex Area Superintendent Mary A. Correa, Ka'u High and Pahala Elementary School Principal Sharon Beck, and Behavior Counselor Cari Mestuzzi (collectively, “Defendants”).1 Doc. No. 1. The Complaint asserted a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“ Title VII”). Id. On February 10, 2011, Defendants filed a Motion to Dismiss Complaint, alleging that Turner's suit was untimely because he filed his complaint more than 90 days after receiving a right-to-sue letter from the EEOC, which Defendants assert was sent to Plaintiff on October 29, 2008. Doc. No. 11, at 2–3. Turner opposed the Motion to Dismiss, asserting that he did not receive the right-to-sue letter until September 2010. Doc. No. 17, at 3–4. On April 28, 2011, the Court denied the Motion to Dismiss because Plaintiff's receipt of the letter in 2008 was disputed and Defendants did not establish that receipt should be presumed. 2011 WL 1637333 (Doc. No. 23).
On July 5, 2011, Plaintiff filed a First Amended Complaint (“Am. Compl.”). 2 Doc. No. 34. On August 31, 2011, Defendants filed a Motion for Summary Judgment (“Defendants' Motion”). Doc. No. 44. The Motion was accompanied by a supporting memorandum ( ), a concise statement of facts ( ), and several declarations and exhibits. 34 Doc. Nos. 44 & 45. On January 31, 2012, Plaintiff filed a Declaration in Opposition (“Turner Declaration”), a response to Defendants' CSF (“Pl.'s CSF”), and Exhibits A & B.5 Doc. Nos. 76–79. Due to counsel's alleged difficulty in filing exhibits electronically, Plaintiff's opposition (“Pl.'s Opp'n”) and Exhibits C–F were filed one day late, on February 1, 2012. Doc. Nos. 80–82, 84; see Doc. No. 86.
Defendants filed a reply to Turner's Declaration on February 1, 2012. Doc. No. 83. On February 2, 2012, Defendants filed a supplement to their reply, requesting that the Court disregard Plaintiff's opposition because it was untimely. Doc. No. 85. On February 3, 2012, Plaintiff filed a motion requesting that the Court consider his opposition and exhibits filed one day late. Doc. No. 86. Plaintiff additionally requested that the Court consider his Exhibit “I,” the deposition of Mestuzzi, which was attached to the motion. Id. On February 6, 2012, the Court granted Plaintiff's Motion. Doc. No. 87.
On February 21, 2012, the Court held a hearing on Defendants' Motion for Summary Judgment. At the hearing, the Court asked the parties to file supplemental memoranda on the applicability of the statute of limitations to Plaintiff's claims. On February 23, 2012, Defendants filed a supplemental memorandum ( ). Doc. No. 89. On February 24, 2012, Plaintiff filed a supplemental memorandum (“Pl.'s Supp. Mem.”). Doc. No. 90.
Plaintiff's suit centers around his allegation that he was terminated from his position as a special education teacher at Ka'u High School on the island of Hawaii on account of his race. The events leading to Plaintiff's termination involve a field trip to Volcano National Park (the “field trip”) on Friday, April 20, 2007, and his return to school without an attending student, “K.K.” 7
I. The Field Trip
K.K. began attending Ka'u High in March 2007. Pl.'s Opp'n 1. Before attending Ka'u, K.K. had been certified as a “504” student, a certification for general education students “that have some type of disability ... that impairs their being able to access their learning in the classroom.” See Doc. No. 86, at 8:15–21, 11:18–22 (Deposition of Cari Mestuzzi) (“Mestuzzi Deposition”). K.K.'s educational history revealed that she had a history of running away, cutting classes, and disruptive behavior. Id. at 11:23–12:17. Due to improvement in her behavior before transferring to Ka'u, her previous school had recommended decertifying her from the 504 program. Id. at 10:1–8. Based on this recommendation, her records, and comments from her guardian, the school apparently decertified K.K. at a meeting on April 12, 2007.8
At the meeting, K.K. had expressed interest in going into construction. Id. at 15:4–5; see Defs.' Mot. Ex. D, 4–5. Consequently, Counselor Mestuzzi asked Plaintiff if K.K. could attend a construction expo field trip that Plaintiff had planned for April 17, 2007. Mestuzzi Deposition, at 15:4–11. Plaintiff did not know K.K. and Mestuzzi did not mention K.K.'s behavioral history or her recent 504 status to Plaintiff. Pl.'s CSF ¶ 5; see Pl.'s Opp'n 13. Because only three students signed up for the Construction Expo, Plaintiff cancelled the trip. Defs.' Mot. Ex. D., at 18. Plaintiff reported that he took the students to the Volcano National Park as a related work study field trip, and he received approval from school administration for the trip. Defs.' Mot. Ex. D., at 20; Pl.'s Opp'n 5.
While at the Volcano National Park, K.K. went to the bathroom and never returned. Pl.'s Opp'n 18. Turner and the other students unsuccessfully looked for K.K. for an hour, ate lunch, and then returned to school around 1:30 p.m. Defs.' Mot. Ex. D, at 6. Turner did not inform the park rangers, the school administration, or K.K.'s guardian that she was missing. Defs.' Mot. Mem. 14. Around 8:15 p.m. that night, K.K.'s guardian called Turner to inquire about K.K. because she had not returned home. See Defs.' Mot. Ex. D, at 4. After the phone call, Turner called the police to report that K.K. was missing. Id.
II. Turner's Termination
An investigation into the field trip incident was initiated by Defendant Correa and the investigation was assigned to Vice Principal Bertilacci. Defs.' Mot. Mem. 2–3. Upon investigation, Turner admitted that he left the park without K.K. and did not immediately report her missing. Defs.' CSF ¶ 2; Defs.' Mot. Ex. D, at 3. Turner asserted that he did so because he believed that K.K. was 18 years old and he wanted to respect her adult decision. Defs.' Mot. Ex. D, at 3–4.
On July 18, 2007, Bertilacci completed the investigation report, which included multiple interview statements from witnesses and exhibits. Defs.' Mot. Mem. 3; see Defs.' Mot. Ex. D. The allegations against Plaintiff were that he acted inappropriately and violated Board of Education (“BOE”) Policies by: (1) improperly allowing K.K. to participate in the field trip; (2) returning from the field trip without K.K.; and (3) failing to immediately report K.K. missing to school administration, K.K.'s guardian, or the proper authorities. Defs.' Mot. Ex. D., at 2.
In his investigation report, Bertilacci concluded that, more likely than not, Turner's field trip violated BOE Policy # 2250. Defs.' Mot. Ex. D, at 8. Policy # 2250 provides that: Id. at 14. The report concluded that evidence existed that indicated the field trip “did not possess derived educational benefits that are clearly linked to and support ongoing standards-based classroom studies.” Id. at 8. He supported his conclusion with the facts that there was no indication any workplace readiness activities took place during the trip and K.K. stated the reason for the trip was fun, not work experience. Id. Bertilacci further concluded that there was sufficient evidence to indicate Plaintiff also violated the policy by failing to be cognizant of the safety and welfare of K.K. during the trip. Id. Specifically, “Teacher Turner's failure to act at very fundamental levels by informing National Park authorities, the Hawaii Police Department, or the administrators of Ka'u High School placed Student [ ] in grave danger.” Id.
Bertilacci further concluded that, more likely than not, Plaintiff violated BOE Policy # 4200. Id. at 10. Policy # 4200 provides that: Id. at 16. Particularly, Plaintiff “assumed responsibility for safety and well being of students under his supervision during the Volcano National Park field trip ... regardless of their age.” Id. at 9. Bertilacci concluded that Plaintiff violated this provision by returning to school without K.K. and failing to immediately report her missing. Id.
Finally, the report concluded that it is more probable than not that Plaintiff's conduct “was inappropriate so as to be considered misconduct.” Id. at 10. This conclusion was supported by evidence that “demonstrate[d] that Teacher Turner failed to maintain procedures that foster a safe environment for students.” Id.
By letter dated August 21, 2007, Principal Beck informed Plaintiff that after careful consideration of the investigation report and related information, “[b]ased upon the seriousness of your behavior, I am recommending disciplinary action that includes but may not be limited to...
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