Doe v. Town of N. Andover

1

MOTHER DOE, as parent and natural guardian for JANE DOE, a minor, and JANE SMITH, Plaintiffs, v. TOWN OF NORTH ANDOVER; NORTH ANDOVER SCHOOL DISTRICT; NORTH ANDOVER SCHOOL COMMITTEE; CHET JACKSON, in his official and individual capacity; SCOTT YOUNG, in his official and individual capacity; and BROOKE RANDALL, in her official and individual capacity, Defendants.

Civil Action No. 1:20-cv-10310-IT

United States District Court, D. Massachusetts

May 16, 2023

MEMORANDUM & ORDER

Indira Talwani United States District Judge

Plaintiffs proceeding as Jane Smith and Mother Doe, are respectively a former student at North Andover High School (“NAHS”) and the parent and natural guardian of another former NAHS student (referred to here as Jane Doe). They bring this action against Defendants Town of North Andover (“Town”), North Andover School District (“School District”) Assistant Superintendent Gregg Gilligan, NAHS Principal Chet Jackson, NAHS Assistant Principal Scott Young, and NAHS Assistant Principal Brooke Randall.^[1] Plaintiffs assert violations of Title IX of the Education Amendments of 1972 (“Title IX”) and 42 U.S.C. § 1983, as well as claims for breach of contract, denial of basic fairness, intentional infliction of emotional distress, negligence, and negligent infliction of emotional distress. Defendants move for summary judgment of Smith's claims, and partial summary judgment of Doe's claims. See Defs' Mot. [Doc. No. 54].

I. Factual Background

The following facts are drawn from the summary judgment record and are construed in the light most favorable to Plaintiffs.

NAHS is a public high school in the School District located in North Andover, Massachusetts. See Defs' Ex. R (NAHS Handbook) [Doc. No. 55-19].

A. Events During the 2016-2017 School Year

Jane Doe (“Doe”) began attending NAHS as a freshman in Fall 2016. Pls' Stmt. of Material Facts in Dispute (“Pls' Stmt”) ¶ 7 (undisputed) [Doc. No. 64]. In April 2017, Doe was sexually assaulted off campus by NAHS student Eli Tuttle, then a sophomore. Doe Dep. Tr. 79:11-21 [Doc. No. 63-3]; Answer ¶ 60 [Doc. No. 31]. According to Doe, Tuttle pinned Doe to the ground and digitally penetrated Doe without her consent. Am. Compl. ¶¶ 64-65 [Doc. No. 30]. Doe told Mother Doe about the assault soon after it occurred but did not want to report it and Mother Doe acceded to her request. Mother Doe Dep. Tr 108:21-109:14 [Doc. No. 63-4].

In May 2017, Doe's guidance counselor Kaitlin Rogato reported to Doe's mother that Doe had written an essay entitled “This I Believe” that discussed Doe being the victim of sexual assault. Id. at 109:15-110:21; Pls' Ex. Y (Doe Essay) [Doc. No. 63-27]. Doe's mother then informed the guidance counselor of the April assault. Mother Doe Tr. 110:7-21 [Doc. No. 63-4]. Although guidance counselors are mandatory reporters, see Defs' Ex. B (Defs' Answer to Interrogatories) (listing mandatory reporting trainings) [Doc. No. 55-2]; Defs' Ex. D (DCF Report listing Polanco as a mandatory reporter) [Doc. No. 55-5], it is unclear from the record if the guidance counselor or any other school official took any action, Mother Doe Dep. Tr. 111:2-18 [Doc. No. 63-4].

B. Events During the 2017-2018 School Year

On or about October 18, 2017, when Doe was a sophomore and Tuttle was a junior, Tuttle sexually assaulted Doe for the second time by pinning her to the ground and raping her. Am. Compl. ¶¶ 93-97 [Doc. No. 30]; see Pls' Ex. M (October 19, 2017 Police Report) [Doc. No. 53-15]. Like the assault during her freshman year, the October assault took place off-campus and after school hours. Pls' Ex. M (October 19, 2017 Police Report) [Doc. No. 53-15]. On October 19, 2017, Doe reported the second assault to high school adjustment counselor Alison Polanco,^[2]who then contacted guidance counselor Rogato. Polanco Dep. Tr 33:9-35:15 [Doc. No. 63-10]. Polanco and Rogato filed a report with the Department of Children and Families, and Rogato contacted the North Andover Police Department, and an officer took a report of both assaults. Id. at 35:19-36:17. During the investigation, Tuttle admitted to having sexual intercourse with Doe, claiming that Doe “‘kind of made me put it in.'” Pls' Ex. M, 7 (October 20, 2017 Police Report) [Doc. No. 63-15] (quoting Tuttle's statement to police).

On November 20, 2017, Tuttle's mother complained to the North Andover Police Department that she believed Doe had engaged in bullying by making a false accusation of sexual assault, spreading rumors and generally engaging in a campaign to social exclude Tuttle by making these false statements. Id. at 9. Tuttle's parents again contacted the North Andover Police Department on December 16, 2017, complaining that Doe was bullying Tuttle by telling people that Tuttle had raped her and by attending NAHS wrestling matches. Id. at 11. A few days later on December 18, 2017, an officer from the North Andover Police Department met with Doe and Guidance Counselor Rogato and told Doe “about the importance of not putting herself in the position to be around [Tuttle] or his parents.” Id.

Shortly thereafter, Doe's mother complained to NAHS officials that her daughter was being told to refrain from attending school activities where Tuttle was present and asked NAHS officials for an investigation into the assault and events thereafter. Pls' Ex. FF, 3 [Doc. No. 6334]; Young Dep. Tr. 47:19-48:6 [Doc. No. 63-13]. The North Andover Police Department officer subsequently spoke with Doe's mother about the previous conversation with Doe, and again encouraged Doe to avoid situations, including school events, where Tuttle would be present. Pls' Ex. M, 11 (October 20, 2017 Police Report) [Doc. No. 63-15]. NAHS officials did not take any steps to initiate a Title IX investigation into Doe's alleged assault at that time. Randall stated that she did not believe she had any obligations to investigate because the assault did not occur on school grounds and the police were conducting an investigation. Randall Dep. Tr. 32:2-24 [Doc. No. 63-11]. Young testified that he initially thought that the school was only meant to refer students to the police. Young Dep. Tr. 48:17-49:5 [Doc. No. 63-13].

On February 2, 2018, a second NAHS student reported a January 6, 2018 off-campus assault by Tuttle. Pls' Ex. X (Sankey Report) [Doc. No. 63-26].^[3] NAHS administrations reported the allegations to the North Andover Police Department and the Department of Children and Families. Id.

Also in early February 2018, Doe's mother emailed NAHS administrators asking again about a Title IX investigation. Randall Dep. Tr. 83:3-21 [Doc. No. 63-11]. NAHS officials then began to inquire as to whether they should have investigated Doe's report of sexual assault. Id. The District's Title IX Coordinator informed Young that he did in fact need to investigate, and that they “should have started investigations earlier.” Young Dep. Tr. 48:7-49:22 [Doc. No. 63-13]. On or about February 7, 2018, Young asked Doe's mother for her permission to begin the investigation. Am. Compl. ¶ 142 [Doc. No. 30]; see Randall Dep. Tr. 82:13-83:2 [Doc. No. 63-11].^[4] Also in February 2018, NAHS conducted a Title IX investigation concerning the report by the second NAHS student. Pls' Ex. X, 2-3 (Sankey Report) [Doc. No. 63-26].

Young and Randall led the investigation as to Doe's assault, and Jackson was not involved. Young Dep. Tr. 90:11-16, 94:19-25. Prior to this investigation, neither Randall nor Young had conducted a Title IX investigation at NAHS. Id. at 124:19-23; Randall Dep. Tr. 115:24-116:18 [Doc. No. 63-11]. The record does not reflect who conducted the investigation as to the alleged assault of the unnamed student.

Randall interviewed Tuttle on February 13, 2018, about both Doe's Title IX complaint and Tuttle's bullying complaints, with Tuttle's mother and Young present. Pls' Ex. BB [Doc. No. 63-30].

Young also interviewed one other person named “Dan.” Young Dep. Tr. 163:19-22 [Doc. No. 63-13]. The investigation concerning the complaint by the second student concluded that the alleged assault could not be proven by a preponderance of the evidence, and on February 15, 2018, both Tuttle and that student signed Safety Plans requiring them to refrain from any avoidable contact or communication with each other. Pls' Ex. X, 3 (Sankey Report) [Doc. No. 63-26].

On or about March 2018, Doe transferred out of NAHS and began attending SEEM Collaborative, an education program in Stoneham, Massachusetts. Pls' Stmt. ¶ 7 (undisputed) [Doc. No. 64].

Jane Smith was a junior during this school year. Id. at ¶ 3 (Smith began attending NAHS as a freshman in the Fall 2015). On April 2, 2018, Smith was sexually assaulted by Tuttle off campus and after hours. Pls' Ex. N (April 3, 2018 Police Report) [Doc. No. 63-16]. That evening, Smith emailed NAHS counselor Polanco asking for a meeting. Defs' Ex. C (April 2, 2018 Email) [Doc. No. 55-4]. On April 3, 2018, Smith met with Polanco and Sarah Hickey and told them about the assault. Polanco Dep. Tr. 52:23-54:11 [Doc. No. 63-10]. Polanco then submitted a mandatory report to the Department of Children and Families. Defs' Ex. D (DCF Report) [Doc. No. 55-5].

Polanco and Hickey contacted the school resource officer, North Andover Police Department Officer William Enright, who told them to contact the sexual assault officer. Polanco Dep. Tr. 56:9-19; 57:13-23 [Doc. No. 63-10]. Polanco informed Randall about Smith's allegations of assault. Id. at 58:14-19; Randall Dep. 141:6-142:3 [Doc. No. 55-21]. Smith told Randall that she had been assaulted, but that she did not go into detail. Smith Dep. Tr. 89:1-14 [Doc. No. 55-20].

After meeting with Smith, Randall called Smith's grandmother and asked her to come to the school, and also contacted the ...