Silva v. St. Anne Catholic School

Page 1171

595 F.Supp.2d 1171

Adam SILVA, et al., Plaintiffs, v. ST. ANNE CATHOLIC SCHOOL, Wichita, Kansas, et al., Defendants.

Case No. 08-1143-JTM.

United States District Court, D. Kansas.

January 13, 2009.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Christopher McHugh, Michelle K. Moe, Ross A. Hollander, Joseph & Hollander, P.A., Wichita, KS, for Plaintiffs.

Amy S. Lemley, Jay F. Fowler, Foulston Siefkin LLP, Wichita, KS, for Defendants.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

Defendants' motion for summary judgment (Dkt. No. 31) is before the court. Plaintiffs allege: (1) intentional discrimination under 42 U.S.C. § 1981 (§ 1981) and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., (1994) (Title VI); (2) hostile environment under § 1981 and Title VI; and (3) retaliation under § 1981 and Title VI. The court held a hearing on the matter on August 8, 2008, and informed the parties via email prior to the start of trial that it granted in part and denied in part the motion. This order serves to memorialize and expand on the findings of the court that have previously been communicated to the parties.

I. Background

For purposes of defendants' motion for summary judgment, the following facts are uncontroverted, deemed admitted or, where disputed, viewed in the light most favorable to plaintiff.

Three sixth-grade Catholic School students and their parents (plaintiffs) allege discrimination based on race, color, or national origin because of an English-only rule, which St. Anne Catholic School (St. Anne's) formally implemented near the beginning of the 2007-2008 school year. Plaintiffs claim that St. Anne's violated Title VI and § 1981 by intentionally discriminating against sixth-graders based on race, color, or national origin causing a hostile educational environment. Defendants deny the allegations, asserting that the English only rule is not discriminatory, did not cause a hostile educational environment, and was implemented as a legitimate and appropriate response to inappropriate behavior by a few students.

St. Anne's receives federal funds through the National School Lunch Program (NSLP) administered by the United States Department of Agriculture (USDA). Under the program, the government gave St. Anne's $2.47 in cash for every free lunch, $2.07 for every reduced price lunch, and $0.23 for every paid lunch the school served during the 2007-2008 school year.

The three minor student plaintiffs, Adam Silva, Dalia Fernandez, and Cesar Cruz, speak English and Spanish; English is their primary or "first" language. St. Anne's is a private Catholic elementary and middle school in Wichita, Kansas, operated by the Catholic Diocese of Wichita. The admission and continued enrollment of a student at St. Anne's is voluntary; the school and the diocese reserve the right to admit or deny admission or continued enrollment to any student at any time. The principal or pastor of St. Anne's is the final authority on all matters related to discipline. The school handbook provides, in part:

The principal (and/or) pastor is the final recourse in all disciplinary situations and may waive any and all regulations for just cause at his or her discretion. When rules aren't followed consequences will be given depending upon the nature of the offense.

All plaintiff families acknowledged that statement and agreed to be governed by the handbook when they enrolled their children at the school.

Catholic schools are stricter than public schools and have different rules. Parents often choose to send their children to private schools because such schools are allowed to discipline children more, and to maintain a rather strict environment.

All classes and school functions at St. Anne's, with the exception of foreign language classes, are conducted in English. Before the 2007-2008 school year, St. Anne's did not have a written English-only rule, although there were various occasions when St. Anne's asked individual students to speak English at school. At the outset of the 2007-2008 school year, defendants claim that faculty and staff at St. Anne's were experiencing challenges with their middle school students, particularly with discipline and focus. Defendants claim that teachers were getting reports that a group of middle school students was speaking Spanish in the lunchroom and on the playground, and that other students started complaining about not understanding what was being said.

Sister Margaret, the principal at St. Anne's, sent out a letter to parents on September 17, 2007, which stated, in part:

We are experiencing some challenges in behavior that are inappropriate for St. Anne School. Some of these include: name calling, not including others, put-downs, and in general—Bullying! Sometimes it appears to me that some students feel that they don't have to abide by our policies. This will not be tolerated. This causes disruption in teaching and learning. If this continues, individual parents/students will be obliged to attend a conference!

Are you as parents being good examples and getting your family to church on the weekend? Or do you allow some other events to take its place? I hope not! I've been thinking about writing this letter for a couple of weeks. We want to get on the right track immediately, so academic growth can be realized. We appreciate the many parents who are supporting us in all our endeavors and monitoring their students' progress and conduct.

We require English be spoken during school at all times! We are requesting that no native language other than English be spoken. Since all subjects are taught in English then they need strengthening in that area. The more students are immersed in English language the better the chance for improvement/success.

(Dkt. No. 32, p. 9, Ex. M; Dkt. No. 42, p. 15 Ex. 1)(emphasis in original).

Defendants claim that the English-only rule was enacted to combat bullying, name-calling, and put-downs, while plaintiffs argue that defendants' justifications for the rule are not true. Before and after the September 17 letter, plaintiffs were told by various faculty and staff members at St. Anne's not to speak Spanish. Further, plaintiffs were frequently told the reason for the rule and appeared to understand it.

A parent meeting was held on September 20, 2007, to address the English-only rule. The meeting was to inform the parents of the rationale for that rule, and to discuss the issues surrounding the implementation of the rule. Sister Margaret explained the intent of the September 17 letter and the importance of being able to understand what was being said by the students. Sister Margaret also clarified that the rule applied only to communications among the students, and that the students could use Spanish with any bilingual adult on campus. Plaintiffs claim that Sister Margaret also stated that the reason for the English-only rule was to prevent cliques.

On September 27, 2007, plaintiffs Mike Silva, Clara Silva, and Adam Silva met with Sister Margaret, Father Nolan and Roxanne Goehring to discuss issues related to the Silvas' strong opposition to the English-only policy and Adam's behavior. Defendants claim that Clara Silva was disrespectful and demeaning to Sister Margaret in front of Adam at the meeting, which is a violation of the school handbook. Plaintiffs, however, claim that she merely told Sister Margaret not to embarrass Adam anymore in front of his classmates, a request seemingly in reference to some prior disciplinary action.

On October 2, 2007, the Silvas and other parents met with the Diocese Superintendent of Schools, Bob Voboril, to discuss the English-only rule, as well as concerns that the controversy was causing a potential division in the Parish community. Shortly after that meeting, Diocese officials met with Bishop Jackels, the ecclesiastic head of the Catholic Diocese of Wichita. The group affirmed the English-only requirement, which Mr. Voboril followed up with a letter to all parents and teachers at St. Anne's, stating in part:

Ordinarily, children may use whatever language they want when they are on the playground or in the lunchroom, but when the principal and teachers feel that it is necessary to maintain good order and safety, it is their responsibility, and theirs alone, to direct that the children use English.

Sister Margaret is the principal of St. Anne Catholic School and is in charge of the school. It is clear to me and to Bishop Jackels that there have been instances of bad behavior that must be corrected now, for the good of the children and of the entire school, and Sister and her teachers have my full support to do so. I am convinced that these problems are normal ones of young adolescents misbehaving, as children of any ethnic background will sometimes do. However, if there are students or families who refuse to obey Sister or the teachers, they will be asked to leave St. Anne's, as would any other parent or student who refuses to obey the school rules.

(Dkt. No. 32, p. 13, Ex. 0) (emphasis in original).

On October 9, 2007, following the Diocese's decision supporting the English-only rule, Sister Margaret asked the entire sixth-grade class to sign an acknowledgment related to appropriate school behavior and the English-only rule. The document stated:

The faculty and staff have discussed Lunch room procedures along with playground, locker rooms, restrooms, and passing times.

We have decided that you may sit where you want in the lunchroom as long as your behavior is not a problem. (Respect, courtesy, etc.)

If your behavior is below the line, you may be asked to move to another table. Should we have a problem with the playground, restrooms, locker rooms, etc., you may be dismissed later and not be with your class.

A letter will be coming from Bishop Jackels and Mr. Voboril stating that English is the language to be spoken during the school day.

If this doesn't take place,...