McKnight v. Bd. of Governors of Glenville St. Univ.

902 S.E.2d 917

Megan MCKNIGHT and Luke McKnight, Plaintiffs Below, Petitioners,

v.BOARD OF GOVERNORS OF GLENVILLE STATE UNIVERSITY, Gary Z. Morris, and Jason P. Barr, Defendants Below, Respondents.

No. 23-ICA-345

West Virginia Intermediate Court of Appeals.

Submitted: May 21, 2024

Filed: June 11, 2024

Appeal from the Circuit Court of Gilmer County, Honorable Richard A. Facemire, Judge, Civil Action No. CC-11-2022-C-17

Michael D. Crim, Esq., Crim Law Office, PLLC, Clarksburg, West Virginia, Counsel for Petitioner

Allison B. Williams, Esq., Amy M. Smith, Esq., Kaitlin L.H. Robidoux, Esq., Steptoe & Johnson PLLC, Bridgeport, West Virginia, Counsel for Respondents

GREEAR, JUDGE:

Petitioners Megan McKnight ("Dr. McKnight") and Luke McKnight ("Mr. McKnight") (collectively "Petitioners") appeal the July 6, 2023, order of the Gilmer County Circuit Court, which granted Respondents Board of Governors of Glenville State University ("GSU"), Gary Z. Morris ("Morris"), and Jason P. Barr’s ("Barr") (collectively "Respondents") Motion to Dismiss.¹ On appeal, Dr. McKnight argues that the circuit court erred in evaluating her claims under a heightened pleading standard. Further, Dr. McKnight contends the circuit court erred in concluding that she had failed to allege facts sufficient to constitute a constructive discharge claim, sex/gender discrimination claim, discrimination claim against Morris and Barr, and hostile work environment claim. Lastly, Mr. McKnight argues his loss of consortium claim should be remanded along with Dr. McKnight’s substantive claims. As discussed below, after review of the record and pleadings before this Court, we reverse the circuit court’s July 6, 2023, order and remand the case for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

Dr. McKnight received her Bluegrass Music Certificate in 2007 and her B.A. in Elementary/Early Education in 2011, both from Glenville State University. During the 20062007 school year, Dr. McKnight began working for GSU under the supervision of Buddy Griffin in the school’s Bluegrass Program, a position she maintained through the 2009-2010 school year. On June 7, 2010, Dr. McKnight was employed to serve as the part-time Bluegrass Program Assistant. Dr. McKnight continued working for GSU in various positions until December 2021. GSU employed Dr. McKnight for the 2011-2012 school year in the position of Artist in Residence and Director of Bluegrass Programs. Dr. McKnight was employed by GSU for the 2012-2013 school year as the Director of Bluegrass Programs. Dr. McKnight received her Master of Education degree from Marshall University in May 2013, and her Doctor of Education degree from Walden University in April 2018.

After receiving her Master of Education degree, Dr. McKnight was employed by GSU for the 2013-2014, 2014-2015 and 2015-2016 school years in the position of Visiting Assistant Professor of Music and Director of Bluegrass Programs. During the 2016-2017, 2017-2018, 2018-2019 and 2019-2020 school years, Dr. McKnight was employed by GSU as an Assistant Professor of Music and Director of Bluegrass Programs. Dr. McKnight helped create the Pioneer Stage Bluegrass Music Education Center and developed and oversaw the implementation of GSU’s online Bachelor of Arts in Music program. Dr. McKnight’s complaint alleges that, in or around the 2016-2017 school year, GSU promised that she would be offered an expedited promotion and tenure upon completion of her Doctor of Education degree based on her length of employment, her commitment to GSU, and her extra efforts and service to the university and community. Dr. McKnight reportedly was not offered expedited promotion and tenure after receiving her Doctorate degree.²

During the 2017-2018 school year, Morris became the interim Vice-President of Academic Affairs for GSU. Morris became GSU’s Provost and Vice-President of Academic Affairs on February 4, 2020. Morris selected and appointed Barr to be GSU’s Chair of the Fine Arts Department on or about June 22, 2019. Prior to Morris becoming Provost and Vice-President of Academic Affairs, Dr. McKnight had consistently received positive evaluations from GSU.

Petitioners filed their complaint in this matter on December 16, 2022. In their complaint, Dr. McKnight and Mr. McKnight asserted the following counts: 1) discrimination based on sex/gender; 2) discrimination by Morris and Barr, 3) gender based hostile work environment; and 4) loss of consortium.

In her complaint, Dr. McKnight alleged that GSU, Morris, and Barr subjected her to the following adverse employment actions: constructive discharge; denial of opportunity to seek tenure on an expedited basis following receipt of doctorate; denial of the opportunity to serve on committees; denial of the opportunity to have a full slate of student advisees; denial of the opportunity to provide instruction to students in GSU’s Bluegrass Program which she was hand-selected to lead; denial of the opportunity to teach core classes in Appalachian Studies; denial of the opportunity to teach a Recording and Engineering course that she had taught for the previous ten years which was given to a male instructor; denial of the opportunity to run the Pioneer Stage Bluegrass Music and Education Center which she had established; denial of the stipend she was to receive for running the Pioneer Stage which GSU had agreed to provide through 2023; denial of the opportunity to teach a full course load as required by GSU; compensation at a rate less than similarly situated male employees; and, that GSU, on more than one occasion, improperly withheld from Dr. McKnight the compensation to which she was entitled.

Additionally, Dr. McKnight alleged that the adverse decisions were made based on her gender. Specifically, Dr. McKnight’s complaint alleges: while denying Dr. McKnight the opportunity to advise students in the Appalachian Studies program, GSU and Morris hired a new male instructor to teach the Appalachian Studies courses and advise students in the Appalachian Studies program; while denying Dr. McKnight a full course load to teach, GSU and Morris hired a new male instructor to teach history courses that she was qualified to teach; while denying Dr. McKnight the opportunity to teach a full course load, GSU assigned a male instructor to teach the Recording and Engineering course that she had taught for the previous ten (10) years; after Barr became Chair of the Fine Arts Department, Dr. McKnight attended a meeting in which Barr was discussing the promotion of a female colleague and made a comment suggesting that the female colleague must have been sleeping with someone to get the promotion; Morris attended an emergency meeting of the Board of Governors and in referring to Dr. McKnight, commented that "this girl" should not be on the faculty, she should only be staff; Morris actively lobbied the promotion and tenure committee to deny Dr. McKnight’s promotion and tenure; and Morris misrepresented to GSU’s President that Dr. McKnight did not have the academic credentials to teach either Music or Appalachian Studies, even though she was currently serving as an Assistant Professor of Music and had served in that capacity since 2013. Furthermore, the complaint makes the general allegation that all the actions and conduct of the Respondents would not have occurred but for Dr. McKnight’s gender.

On February 13, 2023, GSU, Morris, and Barr filed their motion to dismiss and memorandum of law in support of their motion to dismiss. The motion to dismiss was heard on May 22, 2023. The circuit court entered an order granting the motion to dismiss and dismissed the case in its entirety on July 5, 2023. It is from this order that Dr. McKnight and Mr. McKnight appeal.

II. STANDARD OF REVIEW

[1–3] "Appellate review of a circuit court’s order granting a motion to dismiss a complaint is de novo." Syl. Pt. 2, State ex. rel McGraw v. Scott Runyan Pontiac-Buick, Inc., 194 W. Va. 770, 461 S.E.2d 616 (1995). The West Virginia Supreme Court instructs that "motions to dismiss are viewed with disfavor," and it has "counsel[ed] lower courts to rarely grant such motions." Forshey v. Jackson, 222 W. Va. 743, 749, 671 S.E.2d 748, 754 (2008). Moreover, "[t]he trial court, in appraising the sufficiency of a complaint on a Rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Syl. Pt.. 3, Chapman v. Kane Transfer Co., Inc., 160 W. Va. 530, 236 S.E.2d 207 (1977). On appeal of a dismissal based on granting a motion pursuant to West Virginia Rules of Civil Procedure 12(b)(6), the allegations of the complaint must be taken as true. Syl. Pt. 1, Wiggins v. Kantern Associated Coal Corp., 178 W. Va. 63, 357 S.E.2d 745 (1987).

III. DISCUSSION

On appeal, the Petitioners argue six assignments of error as to the underlying final order granting the motion to dismiss which we will address in turn. First, Petitioners assert that the circuit court erred in evaluating Dr. McKnight’s substantive claims on a heightened pleading standard.

[4, 5] It is unclear what standard the circuit court actually utilized in evaluating Petitioners' complaint in its July 6, 2023, order. The order contains discussion of a heightened pleading standard when qualified immunity is at issue. However, the circuit court did not specify whether it viewed the complaint at issue here under a heightened pleading standard or under the notice pleading standard of Rule 8(a) of the West Virginia Rules of Civil Procedure, Regardless, the correct pleading standard for complaints alleging violations of the West Virginia Human Rights Act ("WVHRA") only requires the plaintiff to plead facts, taken as a whole, sufficient to show they are entitled to relief on any possible theory. See Mountaineer Fire & Rescue Equip., LLC v. City Nat’l Bank of W. Va., 244 W. Va. 508, 522, ...