Radice v. Eastport S. Manor Cent. Sch. Dist.

437 F.Supp.3d 198

Kathryn RADICE, Plaintiff,

v.EASTPORT SOUTH MANOR CENTRAL SCHOOL DISTRICT, Linda Weiss, Assistant Superintendent, and William Madsen, Athletic Director, Defendants.

CV 17-1 (GRB)(ST)

United States District Court, E.D. New York.

Filed February 5, 2020

Signed February 6, 2020

Vesselin Venelinov Mitev, John W. Ray, John Ray & Associates, Miller Place, NY, for Plaintiff.

Adam I. Kleinberg, Chelsea Ella Weisbord, Sokoloff Stern LLP, Carle Place, NY, Gil Auslander, Borrelli & Associates, P.L.L.C., Garden City, NY, Melissa Holtzer-Jonas, Littler Mendelson, P.C., Merrick, NY, for Defendants.

MEMORANDUM & ORDER

GARY R. BROWN, United States District Judge:

Before the Court is a summary judgment motion by defendants Eastport South Manor Central School District ("District"), Assistant Superintendent Linda Weiss, and Athletic Director William Madsen. Docket Entry ("DE") 42. For the reasons stated herein, the summary judgment motion is GRANTED.

PROCEDURAL BACKGROUND

On January 3, 2017, plaintiff Kathryn Radice commenced this action by filing a complaint against the District, Mark A. Nocero, Linda Weiss, Joe Lopardo, Joseph Steimel, and William Madsen. Compl., DE 1. Plaintiff exhausted all administrative remedies before filing this case. Compl. ¶¶ 135-37. On April 17, 2017, all defendants filed a motion to dismiss. DE 11. By Order dated November 21, 2017, the Court dismissed all of plaintiff's claims with prejudice except the eighth cause of action—a "VIOLATION OF 42 USC Section 1983" based on a deprivation of the equal protection of the laws under the Fourteenth Amendment of the U.S. Constitution and Article I, Section 11 of the New York State Constitution —against the District, Nocero, Weiss, and Madsen. DE 18. On January 17, 2018, the Court dismissed the remaining claim against Nocero for failure to timely serve a summons and complaint under Federal Rule of Civil Procedure 4(m). DE 23. The case then proceeded to discovery, which closed on February 8, 2019. See Order dated Jan. 10, 2019. On May 20, 2019, the District, Madsen, and Weiss filed the instant motion for summary judgment. DE 42. The case was then transferred to the undersigned.

FACTUAL BACKGROUND

The following facts are undisputed or ineffectively disputed facts that are deemed admitted.

1. Background

In 1999, plaintiff, who identifies as a lesbian, was hired by Eastport High School to be the sole athletic trainer with an annual stipend of $18,000. Defs.' 56.1 Statement ¶¶ 11, 12, 246, DE 45; Pl.'s 56.1 Response ¶¶ 11, 12, 246, DE 46-1 (collectively "Pl.'s & Defs.' 56.1 Statements").¹ Plaintiff's responsibilities included the prevention of injuries and care of student athletes, post-injury care, rehabilitation, and counseling. Pl.'s & Defs.' 56.1 Statements ¶ 13.

In 2003, a merger involving Eastport High School was completed, creating the District. Id. at ¶¶ 7, 16. That same year, the District hired plaintiff as a full-time health teacher and the sole athletic trainer. Id. at ¶¶ 18-20. As a full-time health teacher, plaintiff's workday began at 7:10 am and ended at 2:15 pm based on a contract with the District. Id. at ¶ 162. Plaintiff's annual salary as a full-time health teacher is approximately $100,000. Id. at ¶ 168. Plaintiff also received an annual stipend in addition to her full-time health teacher salary. Id. at ¶ 21. In 2003, the annual stipend for the athletic trainer position was $22,000. Id.

In 2005, plaintiff's annual athletic trainer stipend increased to $30,000, and the stipend increased every year until 2014. Id. at ¶¶ 25-26. Plaintiff received tenure as a health teacher in 2006, and remained a full-time health teacher. Id. at ¶ 19.

2. Meeting with Madsen

In 2009, the District hired Madsen as the Director of Health, Physical Education and Athletics. Id. at ¶¶ 58, 59. Madsen is responsible for the District's athletic program, physical education, health programs, intramural programs, oversight of coaches and sports teams, and preparation of the athletic department's budget. Id. at ¶ 60. Madsen testified that he long had concerns about the District not having an athletic trainer present on weekends and school holidays, at away contests, and morning and afternoon pre-season football practices. Id. at ¶ 62.

At their first meeting, Madsen indicated that he wanted plaintiff to remain on the school premises for the conclusion of all practices and be present on weekends and holidays. Id. at ¶ 63. Plaintiff told Madsen that she was willing to attend away games if the District paid her more. Id. at ¶ 65. Plaintiff objected to performing additional duties because it left "the door open for [her] to work an exorbitant amount of hours without compensation." Id. at ¶ 66. Madsen stated to plaintiff that, in his view, she made too much money. Id. at ¶¶ 67, 68. Madsen did not refer to plaintiff's gender or sexual orientation during the discussion. Id. at ¶ 69.

In September 2010, Madsen discovered plaintiff's sexual orientation in an email where plaintiff mentioned her wife. Id. at ¶ 247. Madsen never commented on plaintiff's sexual orientation. Id. at ¶¶ 249, 253. Plaintiff notes that "Madsen made general insensitive comments about sexual orientation," such as when Madsen referenced "husband and wives, moms and dads as opposed to significant others or parents or guardians." Pl.'s 56.1 Response ¶ 249 (citing Defs.' Ex. G at 37:2-3). Before filing a notice of claim with the District on October 28, 2014, plaintiff never reported or complained about any offensive comments about her sexual orientation to the District's administration. Id. at ¶ 254. Plaintiff states her failure to report was due to a fear of retaliation. Pl.'s 56.1 Response ¶ 254.

3. Evolution of the Athletic Trainer Position

From 2007 onward, the number of teams and student athletes in the District grew "dramatically." Pl.'s & Defs.' 56.1 Statements ¶ 54. In 2009, the District increased the hours available for sports practices and events by adding lights to the fields, and allowing games to start at 7:00 pm and end as late as 10:00 pm. Id. at ¶ 70. Plaintiff's athletic trainer obligations grew because she had to treat more athletes. Id. at ¶ 44.

In 2009, Madsen spoke with plaintiff and a union representative about plaintiff accompanying the football team on away games. Id. at ¶ 71. Plaintiff was willing to provide pre-season training and for away games provided the District increased her compensation and provided "appropriate notice." Id. at ¶ 72. Madsen felt that plaintiff should have been present more often as sometimes there would be night or weekend practices without coverage. Id. at ¶ 75.

4. Leave and Return to Athletic Trainer Position

From 2003 to 2010, plaintiff held the full-time health teacher position and the sole athletic trainer position. Id. at ¶ 22. In 2010, plaintiff remained a full-time health teacher, but did not apply for reappointment to athletic trainer position because plaintiff took time off to care for her newly born son. Id. at ¶ 76. From 2010 to fall 2011, the District hired a female athletic trainer, Martina Luce. Id. at ¶¶ 77-80. The record contains no reference concerning the sexual orientation of Luce. Id. at ¶ 78. In fall 2011, Luce took a position in another school district, and Madsen asked plaintiff if she was interested in returning. Id. at ¶ 80.

In fall 2012, Madsen discussed with plaintiff about his work expectations and his concerns about plaintiff's availability as an athletic trainer. Id. at ¶ 81. Madsen believed the District needed an athletic trainer present for all varsity and junior varsity practices. Id. at ¶ 84. Plaintiff recognized that there was an increased number of hours required to be an athletic trainer, but she was only willing to continue to perform if she were compensated for the extra time. Id. at ¶ 87. Plaintiff resumed the role of the sole athletic trainer in winter 2012. Id. at ¶ 81.

5. Concerns

Plaintiff reported to the District that the athletic director position demanded substantially more time than when she was first hired. Id. at ¶ 88. By 2012, plaintiff's hours and workload as an athletic director had increased significantly. Id. at ¶ 89. Madsen became increasingly concerned about whether plaintiff can meet the requirements of athletic director. Id. at ¶ 90. There were times where plaintiff was not present when an athlete was injured in a field. Id. at ¶ 96. When plaintiff was not present, coaches would apply basic first aid, contact parents, and call an ambulance, as appropriate. Id. at ¶ 97. Plaintiff asserts that plaintiff and Madsen were in negotiations about whether the District can offer additional compensation for the increased workload, but the parties agreed that plaintiff would take additional time off rather than receive additional compensation. Pl.'s 56.1 Response ¶ 90. Nonetheless, the District was satisfied with plaintiff's overall performance when she was present as an athletic trainer. Pl.'s & Defs.' 56.1 Statements ¶ 106. Madsen expressed many positive views about plaintiff's performance as the athletic director. Id. at ¶ 107. For example, Madsen stated that plaintiff was "very good at her job as athletic trainer." Id. at ¶ 108.

6. District's Creation of a Full-Time Athletic Trainer Position

In fall 2013, Madsen and Nocero discussed "serious concerns" relating to the athletic program. Id. at ¶ 110. These concerns include an absence of an athletic trainer on weekends, vacations, and evenings to cover varsity contact sports. Id. at ¶ 111. This was the first time Madsen brought to Nocero's attention the "progressive and gradual kind of problem" caused by the increased number of teams and athletes. Id. at ¶ 112. Madsen told Nocero that "since the program had grown, a part-time trainer wasn't able to meet all of the kids' needs." Id. at ¶ 113. Plaintiff argues that those concerns were never raised with the plaintiff or plaintiff's union. Pl.'s 56.1 Response ¶¶ 110-13.

Madsen never expressed dissatisfaction with plaintiff's...