King-Flitton v. Davis School District et al
MEMORANDUM DECISION AND ORDER granting 45 Defendant's Motion for Summary Judgment. The Clerk of Court is directed to enter judgment in favor of Defendant and close the case. Signed by Judge Dale A. Kimball on 2/8/17. (dla)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
Case No. 1:14CV97DAK
DAVIS SCHOOL DISTRICT, et al.,
Judge Dale A. Kimball
On January 19, 2017, this court issued an Order to Show Cause why Defendant Davis
School District’s Motion for Summary Judgment should not be granted. Defendant filed its
Motion for Summary Judgment on November 30, 2016. Plaintiff did not oppose the motion or
respond to this court’s Order to Show Cause. The court’s Order to Show Cause notified Plaintiff
that failure to respond to the Order to Show Cause would result in the court granting Defendant’s
Motion for Summary Judgment.
Defendant has demonstrated that it is entitled to summary judgment based on the
Faragher/Ellerth defense because Defendant had appropriate sexual harassment policies, took
steps to disseminate and make the policy available, and Plaintiff failed to fill out a complaint
form or inform anyone at the school district that a problem existed. See Faragher v. City of Boca
Raton, 524 U.S. 775, 807 (1998). In addition, Plaintiff has failed to establish a viable claim for
retaliation because she failed to report any claim of sexual harassment to a school district official
in accordance with the school district’s policy and, thus, failed to engage in protected action. See
Argo v. Blue Cross of Kansas, 452 F.3d 1193, 1202 (10th Cir. 2006). Moreover, Defendant has
submitted unrebutted testimony that the persons interviewing Plaintiff did so without any input
from anyone in the school district and without any knowledge of any sexual harassment claim by
Plaintiff. Accordingly, the court concludes that Defendant is entitled to summary judgment.
Therefore, based on the reasoning in Defendants’ Motion for Summary Judgment,
Defendant’s motion is GRANTED. The Clerk of Court is directed to enter judgment in favor of
Defendant and close the case.
DATED this 8th day of February, 2017.
BY THE COURT:
DALE A. KIMBALL
United States District Judge
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