Rose v. Sumter Cnty. Sch. Dist.

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KENNY ROSE, Plaintiff, v. SUMTER COUNTY SCHOOL DISTRICT and in her individual capacity BERTHA M. TIMMONS, Defendants.

Civil Action No. 3:20-cv-1008-MGL-TER

United States District Court, D. South Carolina, Columbia Division

December 22, 2021

REPORT AND RECOMMENDATION

THOMAS E. ROGERS, III UNITED STATES MAGISTRATE JUDGE

I. INTRODUCTION

This action arises from Plaintiff's employment with Defendant Sumter County School District (the District). Plaintiff originally file this case in the Court of Common Pleas for Sumter County, South Carolina. Defendants removed the action to this court as having jurisdiction under 28 U.S.C. § 1331. Plaintiff alleges causes of action for discrimination and retaliation in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq. as well as state law causes of action for assault, battery, and negligent supervision. Presently before the Court is Defendants' Motion for Summary Judgment (ECF No. 28). All pretrial proceedings in this case were referred to the undersigned pursuant to the provisions of 28 U.S.C 636(b)(1)(A) and (B) and Local Rule 73.02 (B)(2)(g), DSC. This report and recommendation is entered for review by the district judge.

II. FACTS

Plaintiff was employed by the District as a Guidance Counselor and Director of Guidance. Pl. Resume (ECF No. 42-1). Defendant Bertha Timmons is the Assistant Principal at Crestwood High School where Plaintiff worked until January of 2019. Timmons Dep. 15 (ECF No. 42-3). Dr. Shirley Gamble is the Principal of Crestwood High School. Gamble Dep. 13 (ECF No. 42-2).

On May 29, 2018, Plaintiff entered the cafeteria to get food, but was interrupted by Timmons while Plaintiff was talking to colleagues. Breland Dep. 18-20 (ECF No. 42-4); Koumas Dep. 12-13 (ECF No. 42-5); Fulwood Dep. 23-24 (ECF No. 42-6); Nelson Dep. 11-12 (ECF No. 42-7). While talking with his colleagues, Timmons approached Plaintiff and demanded information about the master schedule, raising her voice at Plaintiff and was adamant that her questions be answered immediately. Pl. Dep. 82-83 (ECF No. 28-2). Defendant Timmons testified the opposite, stating that she was in the cafeteria setting up for an event when Plaintiff asked her questions about the master schedule in a loud of aggressive manner. Timmons Dep. 25 (ECF No. 42-3); Fulwood Dep. 23-24 (ECF No. 42-6). Plaintiff found Defendant Timmons' behavior as an assistant principal to be unprofessional and unbecoming, so Plaintiff raised concerns to Dr. Gamble and the Chief Human Resources Director, Dr. John Koumas. Koumas Dep. 30 (ECF NO. 42-5).

For the 2018-19 school year, Timmons was assigned to oversee and supervise the guidance department. Timmons Dep. 24 (ECF No. 42-3). At the beginning of the school year, in August 2018, Plaintiff and the other guidance counselors, Cassandra Breland and Shirley Nelson, met with Dr. Gamble regarding problems they were having with administration in order to perform their job duties as well as their concerns with Timmons' behavior. Pl. Dep. 34-37 (ECF No. 28-2); Nelson Dep. 15 (ECF No. 42-7); Wilson Dep. 17-19 (ECF No. 42-8); see also Rule 30(b)(6) Dep. 11-12 (ECF No. 42-9) (identifying the guidance job duties); Timmons Dep. 47-48 (ECF No. 42-3).

On August 28, 2018, Timmons entered Plaintiff's office while he was meeting with a student, and demanded a meeting with the counselors immediately regarding changes to the master schedule set by her and Dr. Gamble. Both the student with whom Plaintiff was meeting and other students waiting outside Plaintiff's office witnessed Timmons' behavior. Pl. Letter to Dr. Koumas dated 12-2-18 (ECF No. 42-22).

On September 6, 2018, or September 10, 2018, ^[1] Plaintiff provided a medical statement from Dr. Clay Lowder to Dr. Gamble stating that he would need one to two days off per week, as needed for severe anxiety for six months. Doctor's Note (ECF No. 28-2, p. 39); Dr. Gamble's Notes (ECF No. 28-2 pp. 34-37). In an email to Dr. Koumas, Dr. Hafner, the Assistant Superintendent for the District, and Dr. Hamm, the Superintendent, dated September 26, 2018, Plaintiff provided the medical statement and indicated that it had already been provided to Dr. Gamble. Email dated 9-26-18 (ECF No. 42-15). In the email, he indicated that his medical issues have returned due to working in an increasingly hostile work environment, requiring him to seek ongoing medical attention. Email dated 9-26-18 (ECF No. 42-15).

On September 7, 2018, Timmons wrote a letter to Dr. Gamble about Plaintiff, which the District interpreted as a hostile work environment grievance against Plaintiff. Timmons Dep. 56 (ECF No. 42-3); Timmons 9-7-18 Letter (ECF No. 42-10). Nelson testified that she never witnessed Plaintiff subjecting Timmons to hostile treatment. (Nelson Dep. 27:8-12).

Hattie English, the guidance secretary testified that Timmons' interactions with Plaintiff continued to be aggressive and communicated in a loud voice while Plaintiff maintained a professional demeanor when he interacted with Timmons. English Dep. 8-9, 20-21 (ECF No. 42-18). On October 18, 2018, Plaintiff sent Dr. Koumas an email, which in part stated: “Not awfully long after we talked on yesterday, I started to experience another anxiety attack and had to leave at Mid-Day. I will be out today seeking medical attention because of the anxiety attack on yesterday in which I am still experiencing this morning.” Email from Pl. to Dr. Koumas dated 10-18-18 (ECF No. 42-20). On November 8, 2018, Dr. Koumas sent a response to Plaintiff's September 26, 2018 email, providing a packet of FMLA materials to utilize for Plaintiff's intermittent medical leave reasonable accommodation request. Dr. Koumas Letter dated 11-8-18 (ECF No. 42-21); Pl. Email dated 9-26-18 (ECF No. 42-15). Plaintiff and his doctor completed the FMLA paperwork and returned it to the District by November 26, 2018. FMLA Forms (ECF No. 28-2, pp. 53-60).

On November 20, 2018, Plaintiff reported concerns regarding both Timmons and Gamble in writing to the District. Pl. Memo. (ECF No. 28-2 pp. 50-51). On December 2, 2018, Plaintiff outlined the series of encounters with Timmons to Dr. Koumas. Pl. Letter to Dr. Koumas dated 12-2-18 (ECF No. 42-22). On December 3, 2018, Plaintiff met with Dr. Koumas and reported that he was still working in a hostile work environment, and this was also brought to Dr. Hafner. Dr. Hafner's Notes (ECF No. 42-23). The next day, December 4, 2018, Dr. Koumas met with Timmons and Plaintiff to address the grievance. At the conclusion of that meeting, Timmons believed she and Plaintiff were going to be able to work together because they both indicated that is what they wanted. Timmons Dep. 60 (ECF No. 42-3).

On December 19, 2018, Plaintiff was called to Shirley Nelson's office approximately an hour prior to the start of Christmas break to discuss a guidance matter regarding the District's GBE policy. Pl. Statement (ECF No. 28-2 p. 99). This meeting included Plaintiff, Timmons, Nelson, and Breland. Nelson Dep. 92 (ECF No. 42-7). At this meeting, Timmons confronted Plaintiff in a hostile and threatening manner. Pl. Statement (ECF No. 28-2 p. 99). Timmons got into Plaintiff's personal space, putting her hand in his face and pointing her finger. Pl. Statement (ECF No. 28-2 p. 99); Nelson Dep.37-38 (ECF No. 42-7). Timmons was irate and yelled that she was their supervisor, not Plaintiff. Pl. Statement (ECF No. 28-2 p. 99); Nelson Dep.37-38 (ECF No. 42-7). Timmons used threatening body language and then pointed to Breland and Nelson and said they may be afraid of you but not Bertha Timmons. Nelson Dep. 31-32, 96- 97 (ECF No. 42-7). Plaintiff remained calm during the confrontation and told Timmons that she could speak to Dr. Gamble if she had any issues. Nelson Dep. 33 (ECF No. 42-7). Timmons continued to state that she was not intimidated by Plaintiff in a very loud voice. Nelson Dep. 31-32, 96- 97 (ECF No. 42-7). Nelson and Breland co-wrote a summary of their observations of the incident and Nelson reported the incident to Dr. Gamble. Nelson and Breland Statement (ECF No. 28-2 p. 101); Breland Dep. 27 (ECF No. 42-4); Nelson Dep. 35-37 (ECF No. 42-7).

Following the meeting, Plaintiff reported to Dale Wilson, the administrator over employee attendance that the incident was very upsetting to him because of medical reasons and he needed to go home. Pl. Statement (ECF No. 28-2 p. 99); Wilson Dep. 28-29 (ECF No. 42-8). He went to Urgent Care the next morning to seek medical attention. Pl. Statement (ECF No. 28-2 p. 99).

Plaintiff also reported the incident to Dr. Gamble in an email entitled Hostile Work Environment Incident 12.19.18 on December 31, 2018. Pl. Compl. to Dr. Gamble (ECF No. 42-25). Dr. Gamble forwarded the email to Dr. Koumas and Dr. Hafner. Pl. Compl. to Dr. Gamble (ECF No. 42-25).

On January 9, 2019, Plaintiff sent an email to the District's Board of Trustees, Dr. Koumas, and others entitled Hostile Work Environment and requested to meet with the Board on January 14, 2018. Pl. Email dated 1-9-19 (ECF No. 42-27). Also on January 9, 2019, Dr. Gamble issued a letter of caution to Plaintiff for not responding to her request for a meeting with a parent. Dr. Gamble Letter dated 1-9-19 (ECF No. 42-29). On January 10, 2019, Dr. Koumas sent Plaintiff a letter addressing both Plaintiff's and Timmons' complaints of a hostile working environment and scheduling a meeting with Plaintiff, Dr. Gamble, and Dr. Hafner for January 11, 2019. Dr. Koumas Letter dated 1-10-19 (ECF No. 28-2 pp. 78-79).

On January 11, 2019, Plaintiff met with Dr. Koumas, Dr. Gamble and Dr. Hafner. Recording of 1-11-19 Meeting (ECF No. 42-30); Pl. Notes (ECF No. 42-31). Plaintiff relayed his concerns regarding Timmons and the hostile work environment...