Hall v. Millersville Univ.

22 F.4th 397

John J. HALL ; Jeanette A. Hall, as administrators and personal representatives of the Estate of Karlie A. Hall, and in their own right as decedent's heirs-at-law, Appellants

v.MILLERSVILLE UNIVERSITY; Sara Wiberg, individually and as an employee of Millersville University; Acacia National Fraternity; Acacia Fraternity Chapter Number 84; Colin Herbine, individually and as an agent of Acacia Fraternity Chapter No. 84; Jack Milito, individually and as an agent of Acacia Fraternity Chapter No. 84; Nicholas Hench, individually and as an agent of Acacia Fraternity Chapter No. 84; Sean Ebert, individually and as an agent of Acacia Fraternity Chapter No. 84; Nigale Quiles, individually and as an agent of Acacia Fraternity Chapter No. 84; John Does #1-5, individually and as an agents of Acacia Fraternity Chapter No. 84

No. 19-3275

United States Court of Appeals, Third Circuit.

Argued October 14, 2021

Filed: January 11, 2022

Brian D. Kent, M. Stewart Ryan, Laffey Bucci & Kent, 1100 Ludlow Street, Suite 301, Philadelphia, PA 19107 Counsel for Appellants

James P. Davy [Argued], P.O. Box 15216, Philadelphia, PA 19125 Counsel for Appellant Jeanette A. Hall

Josh Shapiro, Attorney General, Claudia M. Tesoro [Argued], Office of Attorney General of Pennsylvania, 1600 Arch Street, Suite 300, Philadelphia, PA 19103

Kevin R. Bradford, Stephen R. Kovatis, Office of Attorney General of Pennsylvania, 21 South 12th Street, 3rd Floor, Philadelphia, PA 19107 Counsel for Appellees

Margaret H. Zhang, Women's Law Project, 125 South 9th Street, Suite 300, Philadelphia, PA 19107 Counsel for Amicus Appellants

BEFORE: SHWARTZ, NYGAARD, and FISHER, Circuit Judges

OPINION OF THE COURT

NYGAARD, Circuit Judge

John and Jeanette Hall ("the Halls") sued Millersville University ("Millersville") under Title IX after their daughter, Karlie Hall, was murdered in her dorm room by her boyfriend, Gregorio Orrostieta. Despite finding genuine issues of material fact for each element of the Halls' Title IX claim, the District Court granted summary judgment in Millersville's favor, holding that Millersville lacked notice it could face liability under Title IX for the actions of a non-student guest. The Halls appeal, and this Court must now consider whether Millersville had adequate notice it could be liable under Title IX for its deliberate indifference to known sexual harassment perpetrated by a non-student guest. We hold Millersville had such notice.

Title IX's plain terms notify federal funding recipients that they may face monetary liability for intentional violations of the statute. Moreover, it is an intentional violation of Title IX's terms for a funding recipient to act with deliberate indifference to known sexual harassment where the recipient exercises substantial control over the context in which the harassment occurs and the harasser, even if they are a third party. Given this framework, we conclude the text of Title IX provides Millersville and other federal funding recipients with adequate notice. We must therefore reverse and remand. Nevertheless, because we agree with the District Court that genuine issues of material fact exist for each element of the Halls' Title IX claim, we will affirm the District Court's order to the extent it holds these factual disputes preclude summary judgment in Millersville's favor.

I. BACKGROUND

Because this case is fact-laden, we must encumber the reader with much detail.

A. Origins of Karlie's Relationship with Orrostieta

Karlie Hall began dating Orrostieta around March of 2014, while Karlie was a senior in high school. The two continued dating through the summer of 2014, and by summer's end Orrostieta was visiting Karlie daily and would often spend the night with Karlie in her room. At that time, Karlie lived with her mother, Jeanette, and her twin sister, Kristen, at Jeanette Halls' home.

During this period, and while at Jeanette's home, Orrostieta exhibited abusive behavior towards Karlie. On one occasion, Kristen overheard Karlie yell "you hit me" back at Orrostieta after he had screamed at Karlie while she showered. Joint Appendix at 11, 151, 158. Additionally, during a party thrown at Jeanette's home, Kristen heard banging coming from a room Karlie and Orrostieta were locked in, though the two eventually came out as if nothing had happened.

In August of 2014, Karlie and Kristen enrolled in Millersville and moved from their mother's home into their respective dormitories, with Karlie living in Bard Hall and Kristen in Gaige Hall. While at Millersville, Karlie maintained her relationship with Orrostieta and often invited him into Bard Hall as her guest. On occasion, Karlie would bring Orrostieta into Bard Hall through a rear entrance that she and her roommate, Tina Flexer, both found convenient.

B. October 4^th-5^th Incident of Dating Violence

As Karlie's first semester at Millersville continued, so too did Orrostieta's visits, and his abuse.¹ On October 4^th, 2014, the day after Karlie and Kristin's 18^th birthday, Orrostieta visited and stayed with Karlie in the room she shared with Tina Flexer. That night, Karlie and Orrostieta went to a party with Flexer, though Flexer left early and went back to Bard Hall. When Karlie and Orrostieta returned in the early hours of October 5^th, Flexer noticed that Karlie had been crying. Later that night, Flexer approached Karlie in the hallway outside their dorm room and Karlie explained she had been crying because she had been in a verbal fight with Orrostieta. Sara Wiberg, the resident assistant for Karlie's floor, also noticed Karlie's crying and questioned Flexer about Karlie in the hallway. As Wiberg spoke with Flexer, the two heard rustling sounds coming from inside Karlie's room and eventually heard Karlie scream "ow." Joint Appendix at 12, 152, 160, 165. Wiberg then knocked on Karlie's door, which Orrostieta answered.

When Orrostieta opened the door, Karlie was in bed with her back to Wiberg. Wiberg then spoke with Orrostieta about Karlie's yell and the rustling noises. Although Orrostieta was not direct in his responses, he admitted things between him and Karlie "got a little physical" when he attempted to force himself into her bed. Joint Appendix at 12-13, 153, 160, 166. Orrostieta then exited Karlie's room and waited in the hallway while Wiberg went in to check on Karlie. Once in the room, Wiberg saw Karlie had been crying and that her face was red and puffy. Karlie informed Wiberg that she wanted Orrostieta to leave but did not say much else. Wiberg then left Karlie's room.

Once outside, Orrostieta begged Wiberg to stay on campus. At that time, Millersville had a policy that if a student no longer wants their guest on campus, the guest must leave. Wiberg thus had Orrostieta gather his things from Karlie's room and go with her to another resident assistant's room, where Wiberg and the other resident assistant reiterated Millersville's guest policy to Orrostieta and ultimately decided to call Millersville University Police to assist in his removal.

After receiving a call about a subject refusing to leave campus, Millersville police officer Brian Liddick arrived at Bard Hall. Once there, Liddick spoke with Orrostieta, who Wiberg recalls was "very persistent on not leaving" and "still very upset." Joint Appendix at 13, 153, 161, 166. Orrostieta explained to Liddick that he had not touched or hit Karlie, and that he did not have a ride home. Liddick then contacted Orrostieta's friend to arrange for a pickup and drove Orrostieta to a nearby gas station. Despite taking notes on his interactions with Wiberg and Orrostieta, Liddick did not create an incident report immediately after dropping off Orrostieta. Liddick's incident report for this event was made on February 11, 2015, at the direction of a supervisor in the wake of Karlie's murder.

Following Orrostieta's removal from campus, Wiberg repeatedly returned to Karlie's room to check on Karlie. At one point in the evening, Flexer recalls Wiberg observing Karlie's injury and getting an ice pack for Karlie's face. After she finished checking on Karlie, Wiberg drafted an incident report pursuant to her duties as a resident assistant and to fulfil her obligations under Millersville's Title IX policy, which required that a report be made after observing an incident of domestic or dating violence. Wiberg's report included a general description of the events that transpired between Karlie and Orrostieta between the evening of October 4^th and early morning hours of October 5^th. Wiberg's incident report was received by Ron Wiafe, Millersville's Assistant Director of Judicial Affairs and Deputy Title IX Coordinator, as well as Alison Sehl, the Area Coordinator at Millersville. Wiafe looked over Wiberg's report and then filed it away. Sehl did not forward Wiberg's report and did not discuss it with anyone until after Karlie's murder.

After Wiberg left, Flexer returned to the dorm room and spoke with Karlie alone. Karlie initially kept her back to Flexer, but Flexer eventually noticed that "there was something weird with her eye" because it "was really red." Joint Appendix at 13-14, 154, 161. When Flexer asked her what happened, Karlie stated Orrostieta had pressed the heel of his hand on Karlie's eye and had pushed her down into a pillow. Flexer doubted this story and believed that Orrostieta had hit Karlie, rather than merely pushed her. For that reason, the next day Flexer called her mother, Renea Flexer, and described Karlie's injury and what she had observed between Karlie and Orrostieta. Renea then called Millersville University Police, Millersville counseling department, and Alison Sehl to report Karlie's domestic assault and black eye. Each time Renea called she was told that nothing could be done without a complaining witness.

Karlie tried to hide her injury from others in the week following the October 4^th incident. During that week, Karlie avoided her sister Kristen, she rarely left her room, and she missed class.

C. Karlie ...