Sheridan v. Forest Hills Public Schools
Sheridan v. Forest Hills Public Schools
Opinion of the Court
Plaintiff Vicki S. Sheridan appeals as of right the circuit court’s order granting defendant
FACTS
This case arises out of the alleged sexual harassment of plaintiff by Vem Knapp. Both plaintiff and Knapp were custodians employed by defendant when the alleged sexual harassment occurred. The genuine and material facts viewed in a light most favorable to plaintiff establish the following.
After reporting the incident, plaintiff took a leave of absence and was subsequently placed on a medical leave. Plaintiff never returned to work. On February 28, 1996, plaintiff brought this suit, specifically alleging that Knapp raped her in defendant’s Community and Aquatic Center (the “pool building”) in the spring
Defendant brought a motion for summary disposition, arguing, in relevant part, that plaintiff never reported any acts of assault or sexual harassment to defendant before August 1993. Defendant maintained that there was no evidence that it failed to take prompt remedial action against Knapp. In the absence of such evidence, defendant argued, it could not be held liable for the actions of Knapp. The trial court granted defendant’s motion for summary disposition. This appeal followed.
A. THE MANAGEMENT STRUCTURE OF FOREST HILLS PUBLIC SCHOOLS
Defendant is a suburban Grand Rapids school district that is operated under the supervision of a superintendent. Employee matters are administered through the assistant superintendent for personnel. Both plaintiff and Knapp were custodians for defendant. Custodians are supervised by the director of
B. CLAIMS OF HARASSMENT BEFORE AUGUST 1993
1. KNAPP’S HARASSMENT OF PLAINTIFF
Plaintiff testified that in April 1990 Knapp entered the pool building and raped her. Plaintiff admitted that she did not report the rape to anyone. Plaintiff also testified that after the rape, Knapp harassed her by calling her pager repeatedly and by loitering outside the pool building while plaintiff worked. Plaintiff informed Donald Finch, the director of buildings and grounds, and Kathy Knapp, the head custodian at the pool building, that she did not feel safe
Later in 1991, plaintiff met with Finch and Terri Handlin, director of the community education program and pool building administrator, to discuss job-related problems, including plaintiffs security concerns and plaintiffs conduct of bringing her children to work.
Plaintiff also met with VanderJagt, Paul Northuis, the director of operations, and a union representative sometime in the summer of 1991 to discuss her work situation. VanderJagt testified that she asked plaintiff to attend the meeting to discuss plaintiff’s claims that Knapp was making noises outside the pool building and calling plaintiff’s pager.
After VanderJagt met with plaintiff, she met with Knapp. Because plaintiff did not make any complaint against Knapp, VanderJagt merely informed Knapp that there had been rumors that Knapp had made “inappropriate statements or gestures.” VanderJagt
In September 1991, plaintiff was assigned to work at Northern High School (Northern). Shortly thereafter, Knapp applied for and received a custodial position at Northern. Plaintiff testified that after Knapp received the position she told Mark Scoby, the head custodian at Northern, that “[Knapp] better not come on my side of the building.” Scoby specifically inquired about what had happened at the pool building. Plaintiff informed Scoby that the pool incident “was bad.” However, plaintiff admitted that she did not provide Scoby with specifics and did not tell Scoby that she had been raped or sexually assaulted.
2. PRIOR COMPLAINTS AGAINST KNAPP
In 1988, a female employee claimed that she was sexually harassed by Knapp in the course of her employment. Defendant immediately investigated the complaint and found it to be meritorious. Knapp was disciplined. The discipline included a five-day suspension without pay. Additionally, Knapp was ordered to stay away from the employee who was the victim of his harassment, reassigned, and placed on probation. Shortly after Knapp was suspended in 1988, another female employee informed Finch that she had “problems” with Knapp three years earlier.
We review de novo a motion for summary disposition based on MCR 2.116(C)(10). Motions brought under this court rule test the factual support of a claim. Quinto v Cross & Peters Co, 451 Mich 358, 362-363; 547 NW2d 314 (1996). The moving party has the initial burden of supporting its position with documentary evidence such as affidavits, depositions, admissions, or interrogatory responses. Smith v Globe Life Ins Co, 460 Mich 446, 454-455; 597 NW2d 28 (1999). The burden then shifts to the opposing party to establish the existence of a factual dispute. Id. at 455. If the party opposing the motion fails to present documentary evidence establishing the existence of a genuine and material fact, the motion should be granted. Id.; Aetna Casualty & Surety Co v Ralph Wilson Plastics Co, 202 Mich App 540, 548; 509 NW2d 520 (1993).
Under the CRA, a prima facie case of hostile work environment sexual harassment includes the following five elements:
“(1) the employee belonged to a protected group;
(2) the employee was subjected to communication or conduct on the basis of sex;
(3) the employee was subjected to unwelcome sexual conduct or communication;
(4) the unwelcome sexual conduct or communication was intended to or in fact did substantially interfere with the employee’s employment or created an intimidating, hostile, or offensive work environment; and
*621 (5) respondeat superior.” [Chambers v Trettco, Inc, 463 Mich 297, 311; 614 NW2d 910 (2000), quoting Radtke v Everett, 442 Mich 368, 382-383; 501 NW2d 155 (1993).]
The last element is at issue here. As a general rule, “an employer may avoid liability ‘if it adequately investigated and took prompt and appropriate action upon notice of the alleged hostile work environment.’ ” Radtke, id. at 396, quoting Downer v Detroit Receiving Hosp, 191 Mich App 232, 234; 477 NW2d 146 (1991). Thus, an employer must have actual or constructive notice of the alleged harassment before liability will attach to the employer. Radtke, supra at 397, n 44, citing Downer, supra at 235; Grow v W A Thomas Co, 236 Mich App 696, 702-703; 601 NW2d 426 (1999), citing Downer, supra; Kauffman v Allied Signal, Inc, 970 F2d 178, 183 (CA 6, 1992). In McCarthy v State Farm Ins Co, 170 Mich App 451; 428 NW2d 692 (1988), this Court explained what was meant by actual or constructive knowledge.
“Where . . . the plaintiff seeks to hold the employer responsible for the hostile environment created by the plaintiff’s supervisor or co-worker, she must show that the employer knew or should have known of the harassment in question and failed to take prompt remedial action. . . . The employee can demonstrate that the employer knew of the harassment by showing that she complained to higher management of the harassment... or by showing the pervasiveness of the harassment, which gives rise to the inference of knowledge or constructive knowledge.” [Id. at 457, quoting Henson v Dundee, 682 F2d 897, 905 (CA 11, 1982).]
See Hartleip v McNeilab, Inc, 83 F3d 767, 776-777 (CA 6, 1996). Courts must apply an objective standard of review when considering whether the employer was provided adequate notice. Chambers, supra at
A. DEFENDANT DID NOT HAVE ACTUAL NOTICE OF A HOSTILE WORKPLACE
Applying these legal principles to this case, we conclude that defendant did not have actual knowledge of the sexual harassment before August 1993 because plaintiff did not complain about the harassment to higher management. The term “higher management” is not defined in McCarthy
We reject plaintiff’s contention that defendant possessed actual knowledge of a hostile workplace because plaintiff informed the head custodian at
Our conclusion that plaintiff did not report any aHeged sexual harassment so as to impute knowledge to defendant is not altered when considered in Hght of defendant’s express sexual harassment pohcy. Defendant’s sexual harassment pohcy states, in pertinent part:
Any employee who has been subject to or witnessed sexual harassment in the workplace is requested and encouraged to report the sexual harassment to an appropriate supervisor or to the Assistant Superintendent for Personnel and to cooperate in any subsequent investigation.
Significantly, there is no evidence that plaintiff reported any alleged harassment to an “appropriate supervisor” as encouraged in the policy. As previously stated, plaintiff did not notify any “higher management” employee of sexual harassment. In addition, plaintiff’s deposition testimony indicates that she did not view Scoby or Cleven as her supervisors.
B. DEFENDANT DID NOT HAVE CONSTRUCTIVE KNOWLEDGE OF A HOSTILE WORKPLACE
We must next address whether defendant had constructive knowledge of sexual harassment in the workplace. “ ‘The employee can demonstrate that the employer knew of the harassment... by showing the pervasiveness of the harassment, which gives rise to the inference of knowledge or constructive knowledge.’ ” McCarthy, supra at 457, quoting Henson, supra at 905.
We conclude that the alleged sexual harassment in the present case was not substantially pervasive enough to infer that defendant had notice of it. Accepting as true all of plaintiff’s allegations, we note that plaintiff was sexually harassed on four separate occasions over a three-year period. The rape occurred in 1990 or 1991, the sexual assault occurred in 1991, the incident in which Knapp “rubbed up” against plaintiff occurred around 1993, and the final incident occurred in August 1993.
We find no merit in plaintiff’s contention that defendant should have known of the sexual harassment on the basis of defendant’s knowledge of the prior instances of sexual harassment by Knapp that were
C. DEFENDANT HAD NO LEGAL DUTY TO INFORM PLAINTIFF OF KNAPP’S PRIOR ACTS OF SEXUAL HARASSMENT
Finally, plaintiff argues that, had defendant informed her that Knapp had previously been disciplined for sexual harassment, she would have informed defendant of Knapp’s wrongful conduct sooner. Plaintiff cites no authority to support the proposition that defendant was under a duty to inform her of prior acts of sexual harassment involving coworkers. We are aware of no statute or case law to support such a position and we decline to impose such a duty on employers.
CONCLUSION
Plaintiff failed to present evidence to sustain a claim of respondeat superior liability against her defendant employer for sexual harassment undertaken by a co-worker. There exists no evidence that defendant knew or should have known of the existence of sexual harassment in the workplace. There
We refer to defendant-appellee Forest Hills Public Schools as “defendant.” The trial court entered a stipulated order of dismissal with respect to Citizens Insurance Company and ordered a default judgment against Vem Knapp. Neither Citizens nor Knapp is a party to this appeal.
Any facts set forth in footnote one of the dissenting opinion that are inconsistent with or in addition to the factual recitation set forth in the majority opinion are either immaterial to this dispute or unsupported by the uncontroverted evidence presented in support of defendant’s motion.
Plaintiff’s complaint and brief on appeal alleged that the rape occurred in April 1991. However, plaintiff testified in deposition that the rape occurred in April 1990.
Plaintiff filed her complaint against Forest Hills Public Schools, Donald J. Finch, Linda Schmitt VanderJagt, and Vem Knapp, jointly and severally, and Citizens Insurance Company of America, alleging one count of hostile work environment sexual harassment, one count of gross negligence, three counts of intentional infliction of emotional distress, and one count of bad faith on the part of Citizens Insurance Company. Soon after the complaint was filed, Finch and VanderJagt were voluntarily dismissed from the suit.
We disagree with the dissent’s statement, “[plaintiff] did not report the rape to defendant because Knapp’s wife was her supervisor . . . Kathy Knapp, who at the time was the spouse of Vem Knapp, was a head custodian at the pool building. Plaintiff testified that she left notes on Kathy Knapp’s desk requesting security at the building during her shifts. While plaintiff indicated the situation was “awkward,” nothing in the record presented to this Court indicates that plaintiff believed Kathy Knapp was her supervisor. In fact, when specifically asked to name her supervisors at the pool building, plaintiff named Finch and Paul Northuis. Thus, there exists no factual basis on which one may reasonably conclude that plaintiff did not report the alleged rape because Kathy Knapp was her supervisor.
Defendant’s witnesses claimed that the meeting occurred in August 1991. Plaintiff claims that the meeting occurred in May 1991. The specific date of this meeting is not material to the issues before this Court.
Plaintiff testified that she cannot recall whether Knapp’s conduct was discussed in this meeting. Thus, VanderJagt’s recollection of the matters discussed in this meeting is uncontroverted by plaintiff.
We disagree with the dissent’s statement that plaintiff testified that Scoby and Pete Cleven, the lead custodian on her shift at Northern, were aware of the details of Knapp’s prior harassment. While plaintiff testified that Scoby and Cleven seemed to be generally aware that something occurred between plaintiff and Knapp at the pool building, plaintiff did not testify that she informed them of the details of the alleged incidents of harassment. Plaintiff admitted that she did not provide Scoby with specifics or tell him that she had been raped or sexually assaulted. Plaintiff testified that she was “pretty sure” she told Cleven that she had been raped. Plaintiff claimed that she asked Cleven not to tell anyone about it. Cleven denies that plaintiff ever told him she was raped by Knapp. Cleven testified that on August 23, 1993, plaintiff informed him that earlier that day Knapp had propositioned her and exposed himself to her. Cleven claims that, in the course of that conversation, plaintiff told him for the first time that she previously had a consensual sexual encounter with Knapp and asked Cleven not to tell anyone about that encounter. Viewing the facts in a light most favorable to plaintiff, we conclude that plaintiff informed Cleven of the assault, but denied him the authority to report the assault to others.
The dissent’s discussion regarding alleged circumstances surrounding that employee’s report of the 1985 conduct to Finch is immaterial to the issue in this case. Knapp was investigated and disciplined in 1988. He was informed that any future sexual harassment would result in his termination. The fact that Knapp’s employment was not terminated for conduct that was claimed to have occurred in 1985 was consistent with the progressive discipline imposed on Knapp. There was no evidence that Knapp engaged in any sexual harassment after the 1988 discipline until 1993, at which time Knapp was promptly investigated and his employment was terminated.
After plaintiff asserted her complaint against Knapp in August 1993, the employee involved in the 1985 incident was interviewed and for the
As noted earlier, McCarthy generally stated “ ‘[t]he employee can demonstrate that the employer knew of the harassment by showing that she complained to higher management____’ ” McCarthy, supra at 457, quoting Henson, supra at 905.
To the extent that the dissent relies on federal cases involving sexual harassment claims under title VH, that reliance is misplaced. In Chambers, our Supreme Court held that federal principles of vicarious liability related to sexual harassment claims brought under the federal title VH do not apply to claims brought under Michigan’s cea. The Court reasoned that federal principles are contrary to Michigan case law and the express language of the cra. Chambers, supra at 303, 316. The Court noted that
Plaintiff argues that the head custodian should be considered “higher management” as that term is used in McCarthy because the head custodian had the ability to assign work. We disagree. If we were to adopt that standard, the conscientious employer desiring to avoid liability would be required to determine its lowest category of employee and train every employee above that category regarding the proper method of addressing or reporting every type of civil rights claim. This places too high a burden on the employer and would likely be ineffective in any event. Moreover, it is unlikely that every skilled and unskilled laborer possesses the management skills required to effectively address such claims.
Plaintiffs testimony includes:
[.Defendant’s counsel]: And Mr. Cleven was the lead custodian?
[Plaintiff]: Yes.
*626 [Defendant’s counsel]: He was not your supervisor; right?
[Plaintiff]: Right.
* ** *
[Defendant’s counsel]: So your testimony is that Mr. Cleven had asked you on several occasions what had happened at the pool regarding Vem Knapp, and ultimately in the fall of ‘92 you told him that Vem Knapp had raped you at the pool; correct?
[Plaintiff]: I believe so. I think so.
[Defendant’s cownsel]: Are you certain of that or not?
[Plaintiff]: I’m pretty sure I finally told him that —
[Defendant’s counsel]: At this point you haven’t told your supervisors at Forest Hills; right?
[Plaintiff]: Right.
* * *
[Plaintiff]: And I spoke to the supervisor or maybe Pete — or not supervisor — excuse me — the head custodian, Mark Scoby.
In light of plaintiff’s testimony, we do not consider eleven’s statement that he believed he and Scoby were plaintiff’s supervisors as material to whether plaintiff complied with defendant’s sexual harassment policy. Plaintiff admitted Scoby and Cleven were not her supervisors. Moreover, even if Scoby and Cleven were considered supervisors of plaintiff, no evidence supports the conclusion that they were “appropriate supervisors” under defendant’s sexual harassment policy.
In regard to the third incident, Knapp’s “rubbing up” against plaintiff, plaintiff testified that she immediately complained to Scoby. In response, Scoby directed plaintiff to another work assignment. There is no evidence to suggest that defendant knew of this incident or that this incident was
Dissenting Opinion
(dissenting). I respectfully dissent from the majority’s determination that there is no genuine issue of material fact whether defendant had actual or constructive notice of a hostile workplace.
Plaintiff concedes that the incidents that led up to the summer 1993 “rubbing up” incident at Northern High School do not impose liability on defendant. She asserts, however, that these incidents should have raised awareness and put defendant on notice of the hostile environment, such that the subsequent August 1993 incident of Knapp exposing himself to plaintiff never should have occurred. I agree.
The pivotal issue is whether Mark Scoby, the head custodian at defendant’s Northern High School, and Pete Cleven, the lead night custodian at Northern, were appropriate persons to whom plaintiff could complain. Under the factual circumstances presented here, see n 1, supra, including the wording of defendant’s own sexual harassment policy, quoted in part
Plaintiff testified that Scoby and Cleven were aware of Knapp’s prior harassment,
Plaintiff testified that once Knapp started working at Northern, she complained about Knapp several times to Scoby, including telling Scoby that Knapp
Plaintiff testified that she complained to Scoby immediately after Knapp rubbed up against her in the classroom, and within minutes Scoby put her on another assignment. That Scoby was an appropriate person for plaintiff to complain to is also supported by a letter Handlin wrote plaintiff when plaintiff was transferred to Northern High School in 1991.
I would like to wish you the best of luck at Northern High School. I believe that you will be happier on a more consistent schedule. It will be helpful to have someone available to be interacting with you on a supervisory level and above all you will not have to be afraid while you are working. [Emphasis added.]
Scoby testified at deposition that plaintiff told him that she did not want to work with Knapp once he transferred to Northern. He testified that he had notice of Knapp’s transfer to Northern before it occurred, but that he did not recall asking plaintiff what she thought about Knapp transferring. Scoby testified that Knapp’s responsibilities at Northern included gathering the trash in the building, which took him through the building, including plaintiff’s area. Scoby testified that he recalled that, before the rubbing-up incident, plaintiff had told him something like that Knapp was hanging around her.
At the time when Vem asked if Vicki could work with him on the football field, it just didn’t occur to me at that time that there would be a problem, and she certainly didn’t give any inclination [sic] that she had a problem going down to work with him.
n
In Chambers v Trettco, Inc, 463 Mich 297, 319; 614 NW2d 910 (2000), the Supreme Court mled that
In the instant case, the harassment was by a coworker. Both plaintiff and the co-worker had the same immediate supervisors. Plaintiff presented evidence that the supervisors were aware of the harassment. It was for the trier of fact to determine whether the totality of the circumstances were such that a reasonable employer would have been aware of a substantial probability that sexual harassment was occurring.
The majority’s formulation for determining whether notice may be fairly imputed to the employer does not take into account the innumerable variations in workplaces, such as multiple levels of supervisory and managerial personnel; workers being at different locations, perhaps even different cities, or on different shifts than “management employees who have actual authority to effectuate change in the workplace”; and that the employer’s sexual harassment policies may neither ask nor require workers to report harassment to persons with such “actual authority” over the harassing employee. Additionally, it is neither reasonable nor workable to require an employee subjected to workplace harassment to determine who in the chain of command has “actual authority to effectuate change in the workplace” of the harassing employee. There is no support for the imposition of such a requirement.
m
Defendant’s written policy barring sexual harassment states that any employee who has been subject
In sum, plaintiff presented evidence that Scoby had the authority to assign her custodial duties, told her to report any problems she had with Knapp to him
Scoby was eleven’s superior, and it is clear that at Knapp’s request, Cleven, in the exercise of his actual authority to supervise the night crew and assign work, assigned Knapp to work with plaintiff at the football field on the day Knapp exposed himself to plaintiff. Under the circumstances, I conclude that there is a genuine issue of material fact whether plaintiff reported the harassment to an appropriate supervisor.
IV
Plaintiff further contends that defendant’s knowledge that Knapp had harassed others is relevant to both the issue of notice and whether defendant acted reasonably in transferring Knapp to Northern and assigning him to work with plaintiff. I agree with plaintiff that defendant’s knowledge that Knapp had previously harassed others may be considered in deciding whether defendant had notice of Knapp’s harassing conduct. See Dees v Johnson Controls World Services, Inc, 168 F3d 417, 422-423 (CA 11, 1999), where the court concluded that there were material issues of fact whether the defendant had
Defendant’s higher management, including Vander-Jagt, Finch, and Northuis, was aware, before plaintiff raised any concerns regarding Knapp, of Knapp’s involvement in the Employee “A” incident, his resultant discipline, and that he had been admonished in writing that his immediate dismissal would be recommended if another incident of that nature occurred. Plaintiff also presented evidence that, after Employee “A” complained about Knapp, Employee “B” attempted to tell Finch that Knapp had sexually harassed her, and that Finch was not receptive.
Having in mind that plaintiff does not seek to impose liability on defendant for incidents that occurred before 1993, this information is pertinent to the issue whether plaintiff’s complaints regarding Knapp provided sufficient notice that her complaints were sexual in nature. Plaintiff’s pre-1993 complaints
The trier of fact could properly conclude that a reasonable employer would have been aware from these complaints, in light of Knapp’s history, that there was a substantial probability that plaintiff was being sexually harassed. Chambers, supra.
I conclude that there is a genuine issue of material fact whether defendant had adequate notice of a hostile environment.
I would reverse.
The facts viewed in a light most favorable to plaintiff are that plaintiff began employment with defendant in December 1988 as a part-time bus driver, became a permanent bus driver in August 1989, and later applied for and received a position as full-time custodian. In late February 1990, plaintiff became the night custodian at defendant’s new swimming pool facility, the Community and Aquatic Center. One of plaintiff’s supervisors at the pool was Kathy Knapp, the wife of another custodian defendant employed, Vem Knapp (Knapp). Plaintiff worked alone in the pool building as the night custodian. In early 1988, before plaintiff began employment with defendant, a female employee of defendant (referred to in the record as Employee “A”), filed a sexual harassment complaint against Knapp, for which Knapp was suspended without pay for five days, transferred, placed on a three-month probation, and told that, should another incident of that nature occur, his immediate dismissal would be recommended. Plaintiff maintained below that she was unaware of the Employee “A” incident, while defendant maintained that plaintiff learned of the incident while she worked at the pool building. Plaintiff testified at deposition that Knapp raped her on an elevator at the pool facility in April 1990, but that she did not report the rape to defendant because Knapp’s wife was her supervisor and because she was humiliated:
Had I not worked for his wife and had been new in the building, worried about what people would think, being in a new position, had I known his history also to have something to — you know, there wasn’t a witness there. I was ashamed, embarrassed, humiliated by — I didn’t know who to tell to be safe and not have it spread through the district, and be embarrassed as I finished working there for the rest of my life until I retired, I hoped. But his wife was my boss, so it was a pretty — it was a pretty awkward situation for me.
Beginning around the summer of 1991, plaintiff and Terri Handlin, defendant’s Director of Adult and Community Education, who worked at the pool building, had a number of conversations in which plaintiff said that while she worked alone at the pool at night she heard noises, suspected someone was outside the building, and was afraid. Plaintiff testified at
Plaintiff testified that when she started at Northern, her fellow custodial employees had heard “that something had happened [to plaintiff] at the pool.” Plaintiff testified that Scoby asked her specifically what had happened at the pool and she responded that “it was bad.” Plaintiff testified that right after she started at Northern, Knapp “was trying to apply for jobs in other parts of the district, and people were talking about it. And I remember saying to Mark [Scoby], T, you know, hope that he never comes to this building,’ ” and that Knapp “better not come on my side of the building,” and that Scoby responded that she had nothing to worry about and that if there was any problem “we’ll take care of it here.” Plaintiff testified that although she did not state that she had been raped or assaulted, she was sure that Scoby “got the picture” and that Scoby “said himself that lie knew about Vem’s history and he would watch for me. He would watch out for me.”
Plaintiff attached the letter to her response to defendant’s motion for summary disposition. The letter is on the letterhead of Forest Hills Community and Aquatic Center.
Regarding determining the adequacy of notice to an employer in a hostile environment sexual harassment claim, the Chambers Court stated:
[W]e observed in Radtke [v Everett, 442 Mich 368; 501 NW2d 155 (1993)] that a reasonableness inquiry, accomplished by objectively examining the totality of the circumstances, is necessary to fulfill the purposes of the Michigan Civil Rights Act. Id. at 386-387. This also holds true for an inquiry into the adequacy of notice. Therefore, notice of sexual harassment is adequate if, by an objective standard, the totality of the circumstances were such that a rear sonable employer would have been aware of a substantial probability that sexual harassment was occurring. See Perry v Harris Chernin, Inc, 126 F3d 1010, 1014 (CA 7, 1997) (the law against sexual harassment is not self-enforcing; although an employee has no duty under the law to report discriminating harassment, an employer cannot be expected to correct such harassment unless the employer has reason to know that it is occurring). [Chambers, supra at 319 (emphasis added).]
McCarthy, does not define “higher management.”
I do not agree that implicit in Scoby’s statement to plaintiff that he would handle any problems in the building and that she need not go to the supervisors is a recognition by Scoby that he was not an appropriate supervisor to whom to report sexual harassment under the policy.
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