Weaver v. Ohio State University, C2-96-1199.

• Decision Date: 30 September 1998
• Docket Number: No. C2-96-1199.,C2-96-1199.
• Citation: 71 F.Supp.2d 789
• Parties: Karen WEAVER, Plaintiff, v. The OHIO STATE UNIVERSITY, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

71 F.Supp.2d 789

Karen WEAVER, Plaintiff, v. The OHIO STATE UNIVERSITY, et al., Defendants.

No. C2-96-1199.

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

September 30, 1998.

COPYRIGHT MATERIAL OMITTED

D. Wesley Newhouse, II, Lane, Alton & Horst, Columbus, OH, for plaintiff.

Mary Ellen Fairfield, Vorys, Sater, Seymour & Pease, Columbus, OH, for defendants.

OPINION AND ORDER

GRAHAM, District Judge.

This is an employment discrimination action filed by plaintiff, Karen Weaver, against her former employer, The Ohio State University ("OSU"). Andy Geiger, Director of Athletics at OSU, and Archie Griffin, Associate Director of Athletics, are also named as defendants in their official capacities.

In her amended complaint filed on September 16, 1997, the plaintiff asserts claims under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1983, and the Equal Pay Act, 29 U.S.C. 206(d).

Plaintiff alleges that she was terminated from her position as head coach of the OSU women's field hockey team on May 2, 1996 due to her gender. Plaintiff alleges that she was terminated in retaliation for complaints which she made concerning the condition of the artificial turf at the athletic field on which her team practiced, and for complaints of gender discrimination which she made to members of the National Collegiate Athletic Association ("NCAA") Peer Review Committee on April 29, 1996. Plaintiff further alleges that the defendants, in terminating her employment, treated her differently than male coaches, specifically Randy Ayers, then coach of the OSU men's basketball team, who was allegedly afforded greater tolerance for his team members' disciplinary problems. Plaintiff also contends that she was not offered another position within the OSU Athletic Department upon her termination, unlike Jerry Welsh, the men's hockey coach.

Plaintiff further alleges that OSU violated Title IX by delaying in replacing the turf in the field hockey facility, by failing to timely submit paperwork to the NCAA in 1994 to enable OSU to host the NCAA playoffs, and by offering multi-year contracts only to coaches of high profile sports, while offering only yearly contracts to coaches of minor sports.

Plaintiff also contends that she was not paid as much as the coach of the men's ice hockey team, who allegedly occupied a position comparable to her job as coach of the women's field hockey team, and that OSU thereby violated the Equal Pay Act.

This matter is before the court on the defendants' motion for summary judgment.

The procedure for granting summary judgment is found in Fed.R.Civ.P. 56(c), which provides:

The judgment sought shall be rendered forthwith if 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 judgment as a matter of law.

The evidence must be viewed in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment will not lie if the dispute about a material fact is genuine, "that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). However, summary judgment is appropriate if the opposing party fails to make a showing sufficient to establish the existence of an element essential to that party's case and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). See also Matsushita Elec. Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

The Sixth Circuit Court of Appeals has recognized that Liberty Lobby, Celotex and Matsushita effected "a decided change in summary judgment practice," ushering in a "new era" in summary judgments. Street v. J.C. Bradford & Co., 886 F.2d 1472, 1476 (6th Cir.1989). The court in Street identified a number of important principles applicable in new era summary judgment practice. For example, complex cases and cases involving state of mind issues are not necessarily inappropriate for summary judgment. Id. at 1479. In addition, in responding to a summary judgment motion, the nonmoving party "cannot rely on the hope that the trier of fact will disbelieve the movant's denial of a disputed fact, but must `present affirmative evidence in order to defeat a properly supported motion for summary judgment.'" Id. (quoting Liberty Lobby, 477 U.S. at 257, 106 S.Ct. 2505). The nonmoving party must adduce more than a scintilla of evidence to overcome the summary judgment motion. Id. It is not sufficient for the nonmoving party to merely "`show that there is some metaphysical doubt as to the material facts.'" Id. (quoting Matsushita, 475 U.S. at 586, 106 S.Ct. 1348). Moreover, "[t]he trial court no longer has a duty to search the entire record to establish that it is bereft of a genuine issue of material fact." Id. That is, the nonmoving party has an affirmative duty to direct the court's attention to those specific portions of the record upon which it seeks to rely to create a genuine issue of material fact.

Plaintiff has asserted claims of employment discrimination under Title VII, Title IX and § 1983. In a Title VII case, the plaintiff bears the initial burden of establishing a prima facie case of discrimination by the defendant. Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). A Title VII claimant may establish a prima facie case by credible direct evidence of intentional discrimination, or by showing the existence of circumstantial evidence which creates an inference of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). The circumstantial evidence approach requires a showing by the plaintiff that: 1) she is a member of a protected class; 2) she was qualified for the job; 3) she suffered an adverse employment decision; and 4) she was treated differently than similarly situated non-minorities. Thurman v. Yellow Freight Systems Inc., 90 F.3d 1160, 1166 (6th Cir. 1996).

When plaintiff has met her burden of production and established a prima facie case of discrimination, the burden of production shifts to the defendants to establish a legitimate, nondiscriminatory reason for the employment decision. McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. 1817. If the defendants satisfy this burden, the presumption raised by plaintiff's prima facie case is rebutted. Thurman, 90 F.3d at 1166. The ultimate burden of persuasion remains with the plaintiff to prove that the employer's reasons were a pretext for discrimination and that the employer intended to discriminate on the basis of sex. St. Mary's Honor Center v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). Plaintiff can prove discrimination either: 1) by showing that a discriminatory reason more likely motivated the employer; or 2) by showing that the employer's explanation is unworthy of credence. Burdine, 450 U.S. at 256, 101 S.Ct. 1089.

The McDonnell Douglas framework applies to employment discrimination claims brought under § 1983. Boutros v. Canton Regional Transit Auth., 997 F.2d 198 (6th Cir.1993). The Title VII standards for proving discriminatory treatment also apply to claims of employment discrimination brought under Title IX. See Doe v. Claiborne Cty., Tenn. By & Through Claiborne Cty. Bd. of Educ., 103 F.3d 495 (6th Cir. 1996); Johnson v. Baptist Medical Center, 97 F.3d 1070 (8th Cir.1996); Murray v. New York Univ. College of Dentistry, 57 F.3d 243 (2d Cir.1995).

Plaintiff alleges that her discharge was the product of sex discrimination. However, plaintiff has produced no direct evidence of discriminatory motive on the part of the defendants, nor has she met her burden of producing evidence sufficient to satisfy all of the elements of a prima facie case of discriminatory discharge in light of the fact that the person who was hired to replace her is also a woman. Defendants are entitled to summary judgment on plaintiff's claims of discriminatory discharge.

Plaintiff also alleges that she was discharged in retaliation for engaging in protected conduct under Title VII and Title IX. To prove a prima facie case of retaliation, the plaintiff must show: 1) that she engaged in protected opposition to Title VII or Title IX discrimination or participated in a Title VII or Title IX proceeding; 2) that plaintiff's exercise of her protected rights was known to the defendants; 3) that she was subjected to an adverse employment action subsequent to or contemporaneous with the protected activity; and 4) that there was a causal connection between the protected activity and the adverse employment action. Canitia v. Yellow Freight System, Inc., 903 F.2d 1064, 1066 (6th Cir.1990) Once the plaintiff has established a prima facie case, the burden of production shifts to the defendants to articulate legitimate nondiscriminatory reasons for the adverse action. St. Mary's Honor Center, 509 U.S. at 506-507, 113 S.Ct. 2742. The burden then shifts to the plaintiff to prove that these articulated reasons are a pretext for discrimination. Id. at 515, 113 S.Ct. 2742.

In regard to the first element, plaintiff is not required to show that she engaged in formal proceedings under Title VII. Rather, an informal complaint to an employer concerning practices which are prohibited by Title VII is sufficient to constitute protected activity. E.E.O.C. v. Romeo Community Schools, 976 F.2d 985, 989 (6th Cir.1992).

Plaintiff first contends that her discharge was in retaliation for her complaints concerning the condition of the practice field on...