McMinimee v. Yakima Sch. Dist. No. 7

SHANNON MCMINIMEE, Plaintiff, v. YAKIMA SCHOOL DISTRICT NO. 7, and JOHN R. IRION,in his individual capacity, Defendants.

NO. 1:18-CV-3073-TOR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

March 26, 2021

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING AS MOOT DEFENDANTS' MOTION FOR LEAVE TO FILE DECLARATION

BEFORE THE COURT are Defendants' Motion for Summary Judgment (ECF No. 45) and Defendants' Motion for Leave to File the Declaration of Karen Hovis (ECF No. 66). These matters were submitted for consideration without oral argument. The Court has reviewed the record and files herein, and is fully informed. For the reasons discussed below, Defendants' Motion for Summary Judgment (ECF No. 45) is GRANTED in part and DENIED in part and Defendants' Motion for Leave to File the Declaration of Karen Hovis (ECF No. 66) is DENIED as moot.

BACKGROUND

This case arises out of Plaintiff Shannon McMinimee's employment with the Yakima School District ("YSD"). See ECF No. 26. Plaintiff alleges that Defendants violated state and federal law by, inter alia, placing her on administrative leave and not renewing her employment contract because of her various oppositional activities. Id. As outlined below, Defendants seek summary judgment on all of Plaintiff's causes of action. ECF No. 45. The following facts are not in dispute except where noted.¹

A. Plaintiff Hired at YSD

In early March 2017, Plaintiff applied for the position of Superintendent of Human Resources for the Yakima School District. ECF No. 51 at 1, ¶ 1. On March 13, 2017, Superintendent Dr. John ("Jack") Irion provided Plaintiff with a Letter of Intent to hire Plaintiff as the Associate Superintendent of Human Resources. ECF No. 51 at 2, ¶ 2. The offer letter stated that Plaintiff's employment would be subject to the terms and conditions of a CollectiveBargaining Agreement ("CBA"). ECF No. 51 at 4, ¶ 10. However, the CBA referred to in the document did not exist. ECF No. 51 at 4, ¶ 10; ECF No. 57 at 3, ¶ 10. Plaintiff produced a CBA that she allegedly relied on that is between the "Yakima Principals' and Directors' Associations and Yakima Public Schools." ECF No. 52-2. The CBA plainly states that the CBA applies to administrators who "are not recognized by the superintendent as members of the principals' or assistant/associate superintendents' group." ECF No. 52-2 at 6, ¶ 1.2(B).

Plaintiff's one-year contract applied to the 2017-2018 school year. ECF No. 46-1 at 32. It is undisputed that Plaintiff does not hold any professional certifications. ECF No. 46-1 at 4, ¶ 9. YSD reported Plaintiff as a certificated administrator for the purposes of reporting to Office of Professional Practices ("OPP") with the Office of Superintendent of Public Instruction ("OSPI") because there are no reporting categories for non-certificated administrators. ECF No. 51 at 58, ¶ 158; ECF No. 57 at 19-20, ¶ 157.

The parties dispute where Plaintiff was initially placed on the salary pay scale when she accepted the offer of employment: Plaintiff asserts that she was told she would be placed at Step 6 of the Associate Superintendent pay scale and Defendants assert that she was hired at Step 1 of the Associate Superintendent pay scale. ECF No. 51 at 2, ¶ 2; ECF No. 57 at 2, ¶ 2. The salary at Step 1 of the Associate Superintendent position was $111,312 whereas the salary at Step 6 was$130,286. ECF No. 51 at 2, ¶ 3. On March 17, 2020, Dr. Irion contacted Plaintiff by telephone regarding her job position title. ECF No. 51 at 3, ¶ 6. The parties dispute the contents and implications of this conversation. Plaintiff alleges that Dr. Irion told her that it would be better if Plaintiff were called "Assistant Superintendent for Human Resources" so as not to upset Associate Superintendent of Financial Services Scott Izutsu for "political reasons;" Plaintiff believed this change in title was in appearance only. ECF No. 51 at 3, ¶¶ 6-8. Defendants assert that Dr. Irion did not tell Plaintiff that he changed the position for political reasons; rather, Dr. Irion changed Plaintiff's position title to Step 6 of Assistant Superintendent in order for Plaintiff to receive a higher compensation than Step 1 of Associate Superintendent. ECF No. 57 at 2-3, ¶¶ 2, 6. The salary at Step 6 of the Associate Superintendent position was $127,658. ECF No. 51 at 2, ¶ 3.

As Assistant Superintendent of Human Resources, Plaintiff was a member of YSD's Superintendent's Group or "Cabinet." ECF No. 51 at 5, ¶ 14. Mr. Izutsu, as the Associate Superintendent of Financial Services, was also a member of the Cabinet. ECF No. 46-3 at 1-5. Mr. Izutsu was initially hired with YSD as Assistant Superintendent of Financial Services in 2002 before becoming Associate Superintendent in 2013. ECF No. 46 at 4, ¶ 5 (citing ECF No. 46-3 at 1, ¶¶ 2-3). While Plaintiff and Mr. Izutsu had different positions and duties, generally the superintendent positions were "all connected" and job duties overlapped or weresimilar in certain respects. See ECF No. 51 at 5-9, ¶¶ 14-24; ECF No. 57 at 3-4, ¶¶ 14-24. However, in addition to overseeing Human Resources, Plaintiff, as a licensed attorney, provided legal opinions, guidance, and interpretation even though she was not legal counsel for YSD. ECF No. 51 at 11, ¶ 30.

In terms of salary, YSD paid Mr. Izutsu approximately $30,000 more per year than Plaintiff. ECF No. 51 at 12, ¶ 34. On June 30, 2017, Dr. Irion recommended a 4% pay increase for Mr. Izutsu and a 3.7-3.8% pay increase for the remaining female members of the Cabinet. ECF No. 51 at 12, ¶ 35. Ultimately, for the 2017-2018 calendar year, YSD paid Mr. Izutsu $197,383.00 and Plaintiff $163,565.00. ECF No. 51 at 12, ¶ 36.

B. Plaintiff's Opposition to YSD Practices

Between March 13, 2017 and November 6, 2017, Plaintiff alleges that she opposed various illegal activities by the Defendants, acts that Dr. Irion directed or sanctioned. ECF No. 51 at 14, ¶ 42. Plaintiff alleges an extensive list of activities she opposed, which include: (1) Defendants' unequal treatment of employees based on gender, (2) Defendants' failure to address sex/gender discrimination against female YSD employees, (3) Defendants' discrimination against employees based on their failure to conform to certain sex/gender stereotypes, (4) Defendants' unequal treatment of employees and students based on race, (5) Defendants' violation of RCW 41.56.140's prohibition on direct dealing, (6) Defendants' desireto issue teaching contracts to those who did not hold effective teaching certificates in violation of RCW 28A.405.210, (7) Defendants' failure to comply with federal laws regarding employees and students with disabilities, (8) Defendants' failures to comply with Title IX regarding student allegations of sexual harassment and violence, (9) Dr. Irion's different treatment of employees and members of the community based on religious affiliation, (10) Dr. Irion's failure to respond to concerns regarding understaffing in the Human Resources Department, (11) YSD's failure to exercise reasonable care in the supervision and protection of students in its custody, (12) YSD's violations of the Open Public Meetings Act and the Public Records Act; (13) YSD's violations of the Family Educational Records Privacy Act, and (14) YSD's failure to enforce School Board Operational Procedures. ECF No. 51 at 15-16, ¶¶ 43-44. Defendants admit that Plaintiff raised workplace concerns consistent with her management duties, but otherwise deny Plaintiff's allegations. ECF No. 57 at 6, ¶¶ 43-44.

Regarding the treatment of teacher and staff, Plaintiff fielded several concerns from principals, assistant principals, and other employees who reported workplace concerns regarding disparate treatment on the basis of gender, race, and religion after which Plaintiff discussed such concerns with Dr. Irion and Ms. Cecilia Mahre, YSD's Title IX Coordinator. See generally ECF No. 51 at 16-26, ¶¶ 45-67. While generally objecting on the basis of relevance and hearsay,Defendants specifically deny that Dr. Irion attempted to discipline a female employee and tell the employee's husband about an alleged affair, that Plaintiff told the Cabinet that she found a pattern of inappropriate behavior regarding a male employee's conduct to female employees, that Plaintiff reported that there was a pattern of YSD hiring male principals over female principals, that Dr. Irion criticized female employees' attire, and that Plaintiff raised pay inequities based on gender. ECF No. 57 at 6-7, ¶¶ 51, 53, 57-58, 60, 65. Defendants assert that "[a]ny comments made by Plaintiff would have been consistent with her management duties." ECF No. 57 at 7, ¶ 60.

Regarding students and parents, Plaintiff reported several concerns to Dr. Irion that white students and families were favored over students and families of color, including that YSD was not providing equal services to Spanish speaking families. See generally ECF No. 51 at 26-29, ¶¶ 68-72. Defendants deny Plaintiff's allegations. ECF No. 57 at 7-8, ¶¶ 68-72.

Regarding opposing YSD policies and practices, Plaintiff opposed and reported concerns to Dr. Irion including concerns regarding Dr. Irion's system of placing employees on the pay scale known as the "Jack Factors," perceived violations of the Open Public Meetings Act, Title IX concerns, unprofessional conduct of Steve McKenna, the President of the Yakima Education Association, Dr. Irion's perceived direct dealing in attempting to hire an interim administrativeassistant, and the staffing of the Human Resources Department. See generally ECF No. 51 at 29-37, ¶¶ 73-85. Specifically, Plaintiff alleges she made only one statement to Dr. Irion to the effect of: "The Jack Factors are creating a spiral that is causing the men to be paid more than women. We are going to keep paying men more than women if we keep using these factors. This is gender-based pay discrimination is going to cause the District...