Regina Webster v. Chesterfield County School Board, No. 21-1545 (4th Cir. 2022)Annotate this Case
Plaintiff was transferred from a class where she instructed emotionally disturbed (“ED”) children to a class where Plaintiff worked with children with moderate intellectual disabilities. Plaintiff alleged that one of her students sexually harassed her between fall 2018 through mid-March 2019. This student, S.M., was an eight-year-old boy diagnosed with Down’s Syndrome and Attention Deficit Hyperactivity Disorder (“ADHD”). Although the teacher in the classroom recorded the incidents in her notes, or “point sheets,” where she detailed each student’s daily behavior, Plaintiff claims the teacher was generally dismissive of her concerns. After exhausting her remedies with the United States Equal Employment Opportunity Commission, Plaintiff filed suit against the Chesterfield County School Board (“the School Board”) alleging that she was subjected to a sexually hostile work environment in violation of Title VII.
The district court granted the School Board’s motion for summary judgment. At issue on appeal is whether the district court erred in dismissing Plaintiff’s hostile work environment claim on summary judgment. The Fourth Circuit affirmed, finding that the record does not support a prima facie case for hostile work environment sexual harassment. The court explained that Plaintiff cannot primarily rely upon her own statements to argue that S.M.’s conduct surpassed what could be expected of an eight-year-old child with his disabilities after two special education experts testified that it did not—instead, she is required by law to demonstrate it. Further, even if Plaintiff established that S.M. targeted her because of sex, she would still be unable to meet the third required element—that is, show that S.M.’s conduct rose to the level of severe or pervasive.