D.B. v. Tredyffrin/Easttown Sch. Dist.

D.B., Plaintiff, v. TREDYFFRIN/EASTTOWN SCHOOL DISTRICT, and AMY A. MEISENGER, Defendants.

CIVIL ACTION NO. 17-2581

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

October 23, 2020

DuBois, J.

MEMORANDUM

I. INTRODUCTION

This case arises out of the sexual assault of plaintiff, D.B., by Arthur Phillips, an instructional aide at Conestoga High School in the Tredyffrin/Easttown School District, where D.B. was a tenth-grade student. D.B., asserts claims under 42 U.S.C. § 1983 against Tredyffrin/Easttown School District ("TESD") and Dr. Amy A. Meisinger, the principal of Conestoga High School ("CHS"), and a claim under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et. seq. ("Title IX") against TESD.¹ Presently before the Court is Defendants' Motion for Summary Judgment. For the reasons that follow, the Motion is granted in part and denied in part.

II. BACKGROUND²

Plaintiff, D.B., was a sophomore at CHS during the 2016/2017 school year. Defendants'Statement of Material Facts ("Def.'s SMF") ¶ 7. Defendant Meisinger has been principal of CHS since 2009. Meisinger Dep. 12:20-13:1.

A. D.B. meets Phillips during the fall 2016 semester.

During her freshman year, D.B. was enrolled in a class with CHS art teacher Piera Raffaele. D.B. Dep. 32:4-5. During the fall semester of D.B.'s sophomore year, the 2016/2017 school year, the two started a Pilates club, and D.B. frequently ate lunch with Ms. Raffaele. Def.'s SMF ¶ 8. Through these lunches, D.B. met Arthur Phillips, an instructional aide in the CHS TV studio. Def.'s SMF ¶ 9. The group continued to have lunch together in the TV studio almost every day. D.B. Dep. 39:5-16. Under CHS regulations, students were not permitted to eat lunch outside the cafeteria. Meisinger Dep. 34:11-35:9; DiLella Dep 40:17-41:14.

Phillips first reached out to D.B. outside of lunchtime early in the fall semester of that year by sending her an email stating that he was "watching" her. D.B. Dep. 12:13-13:11. The next day, D.B. "loudly" brought up the email during lunch. D.B. Dep. 15:10-16:8. At least one staff member, TV studio aide Alex Azar, was present, but D.B. does not know if he heard the conversation. D.B. Dep. 15:22-16:1.

After the email, Phillips followed D.B. around the school. She testified to seeing him outside her classrooms during her classes and in between periods. D.B Dep. 17:1-12. On one occasion, a student in D.B.'s math class told her Phillips was in the hallway watching her. D.B. Dep. 18:2-6. In response, D.B. twice "yelled" that Phillips was "stalking" her. D.B. Dep. 19:9-15. D.B. testified her math teacher, Seth Shore, was present but did not respond. D.B. Dep. 18:10-12.

On another occasion, Phillips "kicked [D.B.'s] butt." D.B. Dep. 43:9-11. In response, D.B. told Phillips she felt violated. D.B. Dep. 43:13-14. D.B. testified that Mr. Azar and Ms. Raffaele both witnessed the event. D.B. Dep. 43:17-21.

Sometime during the fall of 2016, Phillips allowed D.B. to drive his car in the parking lot of the school during school hours. D.B. Dep. 121:1-122:17. D.B. told her mother, C.B., about this in January 2017. Def.'s SMF ¶ 14. C.B. attempted to call CHS Assistant Principal Anthony DiLella to report the incident at that time, but she hung up without leaving a message and did not call back. Def.'s SMF ¶ 14. D.B. drove Phillips's car on at least two other occasions. D.B. Dep. 121:10-11.

In December 2016, D.B. and C.B. were out shopping and purchased gifts for Ms. Raffaele and Phillips. Def.'s SMF ¶ 10. Plaintiff denies that C.B. knew the second gift, a man's belt, was for Phillips. Pl.'s SMF ¶ 10; C.B. Dep. 38:17-40:16.

B. Phillips's grooming behavior escalates during the spring semester.

At some point during the 2016/2017 school year, D.B. thought she lost her cell phone during the school day and used Phillips's phone to find it. Pl.'s Resp. ¶ 11. This allowed Phillips to save D.B.'s cell phone number. Pl.'s Resp. ¶ 11. Phillips began communicating via text message with D.B., in violation of TESD policies and regulations. Def.'s SMF ¶ 11; Def.'s Ex. S (TESD Policy and Regulation 4344, "Electronic Communications between Employees and Students"); Def.'s Ex. T (TESD Policy and Regulation 5461, "Maintaining Appropriate Boundaries with Students").³ In January 2017, C.B. saw a text from Phillips on D.B.'s phone. Def.'s SMF ¶12. C.B. did not know the text was from Phillips at the time. Pl.'s Resp. ¶ 12.

On January 19, 2017, Phillips called D.B. on her cell phone while she was walking her dog and drove to her neighborhood. D.B. Dep. 56:9-60:19. D.B. testified that she was "confused" and complied when he told her to get in the car. D.B. Dep. 56:9-58:19. Once in the car, Phillips kissed D.B. D.B. Dep. 58:20-59:6; Def.'s SMF ¶ 16; Pl.'s Ex. R ("Police Criminal Complaint) at 1-12. D.B. told another student but did not tell her parents, teachers, or school administrators. Def.'s SMF ¶ 16; Pl.'s Resp. ¶ 16.

In February 2017, Phillips requested a copy of D.B.'s schedule from the attendance secretary, Anna Fillippo. Pl.'s Ex. X. Less than two months later, Phillips requested a second copy. Pl.'s Ex. X. In the second email to Ms. Fillippo, he wrote,

Need [D.B.]'s schedule again. She keeps deleting it from my desktop.

This time I'll put in my password protected folder.

Pl.'s Ex. X. Ms. Fillippo did not report this request to anyone.

D.B. continued to eat lunch regularly with Ms. Raffaele and Phillips. D.B. Dep. 87:5-89:4. Susan Gregory, a teacher who taught classes in the TV studio, noticed D.B. in the TV studio twice and warned Phillips that it was a violation of school regulations to allow students to eat in the TV studio. Gregory Dep. 58:21-59:27; 66:19-68:1. Jane McGregor, a substitute teacher who sometimes joined these lunches, later described Ms. Raffaele, Phillips, and D.B. as a "lust triangle" and testified that she observed several "red flags" during their interactions. McGregor Dep. 48:9-50:8. On one occasion, Ms. McGregor overheard a student refer to another student as "Art's girlfriend," but did not follow up or report the comment. McGregor Dep. 114:10-116:2.

Phillips frequently took D.B. to get food or ice cream, often from Wawa, during the lunch period.⁴ D.B. Dep. 87:5-88:13. A second student, E.H., would sometimes join them. D.B. Dep. 88:4-8. Ms. Raffaele denied knowing that D.B. accompanied Phillips to Wawa, Raffaele Dep. 31:13-18, but D.B. testified that Ms. Raffaele would often ask D.B. to bring food back for her. D.B. Dep. 89:1-15. D.B. testified that the three security guards who sit at the front desk of the school, including Kari Galie, knew Phillips was taking D.B. off campus for food. D.B. Dep. 102:22-103:10. D.B. testified that one of the guards stated, "[A]s long as they're not in any danger, I don't care." D.B. Dep. 103:6-7. D.B. further testified that Ms. McGregor was "upset" and told D.B. and Phillips that they should not leave for lunch and that Ms. McGregor talked to another teacher, Leanne Argonish, about it. D.B. Dep. 103:24-104:4.

D.B. testified that Mr. Azar was also aware Phillips was taking D.B. and E.H. off-campus for lunch. D.B. Dep. 102:15-21. D.B. testified that, on one occasion, Mr. Azar said to D.B., "[W]hat would happen if a police officer stops Art and he finds two young girls in his car[?]" D.B. Dep. 103:15-21. D.B. also testified she and Phillips sometimes brought food back for Mr. Azar. D.B. Dep. 112:15-113:5. Mr. Azar testified that he did not know Phillips took D.B. off-campus to get food for lunch. Azar Dep. 69:6-15.

D.B. also frequently skipped class to spend time with Phillips in the TV studio.⁵ Pl.'s Ex. V. At least one student reported that he informed Mr. Azar that D.B. was skipping class, and Mr. Azar directed D.B. to return to class. Pl.'s Ex. V. Phillips told D.B. and the other students that D.B. was allowed to be in the TV studio. Pl.'s Ex. V. D.B.'s English teacher, Mary ElizabethTalian, testified that she received multiple hall passes signed by Phillips allowing D.B. to be late to or miss class. Talian Dep. 21:3-21:13.

Ms. Raffaele stated in her police interview that she and Mr. Azar had a conversation about how D.B. was "hanging out at the TV studio a lot" and how D.B. and Phillips "were together a lot." Pl.'s Ex. S (Raffaele DA Tr.) 7:17-8:16. D.B. testified she repeatedly told Ms. Raffaele that she "hated" Phillips. D.B. Dep. 173:9-14. In response, Ms. Raffaele would laugh and say, "[N]o, you love him." D.B. Dep. 173:18-23.

Ms. Raffaele attended three meals with Phillips and D.B. off the school campus at the end of the school day. Raffaele Dep. 100:14-101:9. On some of these occasions, Ms. Raffaele drove D.B. to and from the restaurants, and other times Phillips did so. Raffaele Dep. 101:3-111:15. On at least one occasion, Ms. Raffaele's husband, Dr. Jack Fitzgerald, joined them. Raffaele Dep. 110:24-111:3.

D.B. told Ms. Raffaele that her parents had given her permission to leave campus for meals with her. Raffaele Dep. 112:2-15. However, Ms. Raffaele did not contact D.B.'s parents to confirm that statement. Raffaele Dep. 112:20-24; 116:20-117:18. Later, C.B. became aware that Ms. Raffaele and Dr. Fitzgerald had taken D.B. out for a meal after school on at least one occasion. C.B. Dep. 64:21-66:3. Dr. Fitzgerald was C.B.'s dentist, and C.B. thanked him for being "nice" to D.B. C.B. Dep. 64:21-66:3. C.B. was not aware that Phillips attended. C.B. Dep. 64:21-66:3.⁶

On March 10, 2017, Phillips sent himself an email stating that the CHS Department Chair for Technology and Engineering, Noah Austin, saw him touching D.B. The email reads,

Today noah walked in on me holding [D.B] to have [J.L.] put snow down her back.

If you want an out blame it on him. [D.B.], Noah took me aside & talked to me about the incident. He tried toget [sic] to me b4 I left Friday, but had to wait til this week.

Pl.'s Ex. T. D.B. testified that she remembers Mr. Austin walking in on the incident and that Phillips told her Mr. Austin was "m...