Wadsworth v. Me. Sch. Admin. Dist. 40

ADRIANNA WADSWORTH, Plaintiff, v. MAINE SCHOOL ADMINISTRATIVE DISTRICT 40/REGIONAL SCHOOL UNIT 40 et al., Defendants.

2:19-cv-00577-JAW

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

October 29, 2020

ORDER ON MSAD 40/RSU 40'S MOTION TO DISMISS

A former high school student brought a lawsuit against a school district, a school principal, and a school social worker asserting claims under 20 U.S.C. § 1681(a) (Title IX) and 42 U.S.C. § 1983, as well as state tort claims, stemming from sexual harassment she alleges the school principal committed against her. The school district moves to dismiss the plaintiff's Title IX and § 1983 claims. The school district seeks to dismiss the Title IX claim on the grounds that the plaintiff failed to plead facts sufficient to show than an official with the authority to implement corrective measures had actual knowledge of the alleged harassment and acted with deliberate indifference toward her. It seeks to dismiss the § 1983 claim on the ground that the plaintiff fails to plead facts sufficient to show that any school district policy or failure to train caused her injuries. The Court concludes that the plaintiff alleged facts sufficient to survive dismissal on both counts.

I. PROCEDURAL HISTORY

On December 27, 2019, Adrianna Wadsworth¹ filed suit against Maine School Administrative District 40/Regional School Unit 40 (MSAD 40/RSU 40), Medomak Valley High School, Andrew Cavanaugh, and Chuck Nguyen. Compl. (ECF No. 1). She alleged a violation of Title IX and negligent hiring, training, and supervision against MSAD 40/RSU 40 and Medomak Valley High School, brought claims under 42 U.S.C. § 1983, brought common law tort and statutory claims of intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED) against all the Defendants, and brought a negligence claim against Mr. Cavanaugh and Mr. Nguyen. Id. ¶¶ 134-179. On February 7, 2020, Mr. Cavanaugh answered the Complaint. Def., Andrew Cavanaugh's Answer to Pl.'s Compl. and Demand for Jury Trial (ECF No. 11). On March 11, 2020, MSAD 40/RSU 40 and Medomak Valley High School filed a motion to dismiss counts one and two of the Complaint. Def. MSAD 40/RSU 40's Mot. to Dismiss Counts I and II of Compl. (ECF No. 12). On the same day, Mr. Nguyen filed an answer to the Complaint. Answer and Affirmative Defenses to Compl. and Jury Trial Demand (Def. Chuck Nugyen) (ECF No. 13).

On March 27, 2020, Ms. Wadsworth filed an amended complaint, dropping Medomak Valley High School as a defendant. Pl.'s Am. Compl. and Demand for JuryTrial (ECF No. 15) (Am. Compl.). On April 10, 2020, Mr. Nguyen filed a motion to dismiss the Amended Complaint. Def. Chuck Nguyen's Mot. to Dismiss Am. Compl. (ECF No. 16). On April 14, 2020, Mr. Cavanaugh filed an answer to the Amended Complaint. Def., Andrew Cavanaugh's Answer to Pl.'s Am. Compl. and Demand for Jury Trial (ECF No. 17).

On May 8, 2020, MSAD 40/RSU 40 filed a motion to dismiss counts one and two of the Amended Complaint, and on May 11, 2020, MSAD 40/RSU 40 withdrew its first motion to dismiss. Def. MSAD 40/RSU 40's Mot. to Dismiss Counts I and II of First Am. Compl. (ECF No. 21) (MSAD 40's Mot.)² Def. MSAD 40/RSU 40's Withdrawal of Mot. to Dismiss as Moot (ECF No. 22). Ms. Wadsworth filed a response on June 8, 2020. Opp'n of Pl., Adrianna Wadsworth, to Def. MSAD 40/RSU 40's Mot. to Dismiss for Failure to State a Claim (ECF No. 31) (Pl.'s Opp'n). On June 22, 2020, MSAD 40/RSU 40 replied. Def. MSAD 40/RSU 40's Reply in Supp. of Mot. to Dismiss (ECF No. 32) (MSAD 40's Reply).

II. FACTS³

A. The Parties

Adrianna Wadsworth is a twenty-year old female who resides in Sydney, Maine. Am. Compl. ¶¶ 1, 8. She was a student at Medomak Valley High School, part of MSAD 40/RSU 40, from 2014 through her graduation in June 2018. Id. at ¶ 9.

MSAD 40/RSU 40 is a school district which encompasses five towns in Maine: Friendship, Union, Waldoboro, Warren, and Washington. Id. ¶ 2. It operates and controls Medomak Valley High School in Waldoboro, Maine. Id. ¶ 3. MSAD 40/RSU 40 is a public entity within the meaning of Title IX and § 504 because it is a recipient of federal funding under applicable programs. Id.

Andrew Cavanaugh is a resident of Maine who worked for MSAD 40/RSU 40 from 2003 through his resignation in December 2017. Id. ¶¶ 4, 12. He became principal of Medomak Valley High School in 2015. Id. ¶ 10.

Chuck Nguyen is a resident of Maine and was a social worker at Medomak Valley High School for all times relevant to this matter. Id. ¶¶ 5, 13.

B. The Events

Beginning in Ms. Wadsworth's junior year of high school, when she was sixteen years old, the principal, Mr. Cavanaugh, began paying special attention to her; he made sexually-based comments about her looks and clothing choices in front ofstudents and staff members and purchased personal hygiene products and gave them to her in front of other teachers and students. Id. ¶¶ 23-25. Ms. Wadsworth reported the gifts to the school social worker, Mr. Nguyen, and asked whether it was "normal" for the principal to be giving her gifts. Id. ¶¶ 26, 207. Mr. Nguyen assured Ms. Wadsworth that Mr. Cavanaugh was being nice to her and that there was nothing inappropriate about the gifts. Id. ¶ 27.

Subsequently, Mr. Cavanaugh advised Ms. Wadsworth that he was going to bring her to a medical examination. Id. ¶¶ 28-29. Ms. Wadsworth again approached Mr. Nguyen and asked whether it was appropriate for the high school principal to bring her to this appointment. Id. ¶ 30. Mr. Nguyen assured her that Mr. Cavanaugh was just trying to be a "father figure" to her. Id. On another occasion, Mr. Cavanaugh advised Ms. Wadsworth that she should be on birth control. Id. ¶ 31. When this was brought up to Mr. Nguyen, he told Ms. Wadsworth that this was normal. Id. Mr. Nguyen's advice that Mr. Cavanaugh's behavior was normal encouraged her to continue the relationship with Mr. Cavanaugh. Id. ¶ 207. Mr. Nguyen became aware of Mr. Cavanaugh's inappropriate behavior toward Ms. Wadsworth in 2016. Id. ¶ 32; see also id. ¶¶ 169, 206.

Mr. Cavanaugh called Ms. Wadsworth into his office on a regular basis, often causing her to miss class. Id. ¶¶ 33-36, 42-121, 129-42. Mr. Cavanaugh asked his assistant to excuse Ms. Wadsworth from class without making the excusal part of her school record. Id. ¶ 37. During 2016, Mr. Cavanaugh's assistant expressed concern about this behavior to Assistant Principals Tamra Philbrook and Linda Pease. Id.¶ 38. Ms. Wadsworth's teachers also complained to Ms. Philbrook and Ms. Pease about Mr. Cavanaugh pulling Ms. Wadsworth out of class to meet with him in his office. Id. ¶ 39. Throughout this time, Mr. Cavanaugh commented on Ms. Wadsworth's clothing choices and looks in front of teachers, students, assistant principals, and Mr. Nguyen. Id. ¶ 41. During the 2016 school year, around when these complaints and comments took place, Ms. Philbrook and Ms. Pease spoke with Mr. Cavanaugh about his inappropriate relationship with Ms. Wadsworth. Id. ¶ 40. The inappropriate comments in front of staff and students continued through November 2017, when the sexual harassment ended. Id. ¶¶ 41, 142.

Mr. Cavanaugh also sent Ms. Wadsworth text messages—including sexually explicit and inappropriate messages—on a regular basis at all hours of the day and night, including during school hours. Id. ¶ 42. On May 18, 2017, in one of these text messages, Mr. Cavanaugh asked Ms. Wadsworth to move in with him: "You should live here for your senior year. It would be a stable place and i don't care about child support. . . . I think if you talked with Debbie and i about it we could take care of a lot. I would write a letter to the superintendent and all that." Id. ¶ 86. On June 22, 2017, Mr. Cavanaugh texted, "I have a bit of bad news. I spoke with work about you staying with me and i cant. I feel terrible but thats what it is." Id. ¶ 96.

On July 5, 2017, Mr. Cavanaugh told Ms. Wadsworth he purchased a car for her and that she could work for him to pay it off. Id. ¶ 98. In September 2017, Waldo County Police Officer Christopher Spear pulled Ms. Wadsworth over for speeding. Id. ¶ 120. Officer Spear was also the school resource officer at Medomak Valley HighSchool. Id. Officer Spear immediately contacted Ms. Philbrook, one of Medomak Valley's assistant principals, and expressed concern that Ms. Wadsworth was driving a vehicle registered to Mr. Cavanaugh. Id. ¶ 121. Ms. Philbrook advised Officer Spear that she and Ms. Pease had spoken with Mr. Cavanaugh during the previous school year about his inappropriate behavior toward Ms. Wadsworth and asked him to speak with Mr. Cavanaugh about the relationship as well. Id. ¶¶ 122-23. Officer Spear spoke with Mr. Cavanaugh on September 19, 2017, and reported the results of the conversation to Ms. Philbrook immediately. Id. ¶ 124.

On September 20, 2017, Officer Spear sent an email titled "Pervert Principal" to the Waldoboro Chief of Police and stated that Mr. Cavanaugh was exercising extremely poor judgment in his relationship with Ms. Wadsworth. Id. at ¶ 125. He also relayed his conversation with Ms. Philbrook and noted that he had personally seen Ms. Wadsworth leaving Mr. Cavanaugh's office more than any other student. Id. ¶ 126. The Chief of Police advised Officer Spear to keep a record of Mr. Cavanaugh's behavior. Id. ¶ 127. This email was shared with Ms. Philbrook the same day. Id. ¶ 128.

Throughout the following six weeks, Cavanaugh continued to make inappropriate comments about Ms. Wadsworth in front of teachers, students, Mr. Nguyen, Ms. Pease, and Ms. Philbrook. Id. ¶ 41. Furthermore, Mr. Cavanaugh continued to send sexually explicit text messages to Ms. Wadsworth at all hours of the day, including during school hours. Id. ¶ 42. For example, on the day of his conversation with Officer Spear, he texted Ms. Wadsworth that he needed the carback and said, "I like to help you and it does seem to cause problems. I know you are super...