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Judge Rules Academy Lawsuit May Continue

November 15, /2007, James Jardine

ST. JOHNSBURY -- A judge in the civil suit filed by Debra Sears against St. Johnsbury Academy and former Academy Field House Director Donald Wallace has issued a decision in Caledonia County Superior Court deciding three competing motions for summary judgment.

Caledonia Superior Court

Granting summary judgment against a party in a civil case essentially means that there is no genuine issue as to any material fact in the case and that a party to the suit is entitled to judgment as a matter of law.

Judge Thomas Zonay's order states that: Plaintiff Sears' Motion for Partial Summary Judgment is denied; Defendant St. Johnsbury Academy's Motion for Partial Summary Judgment is granted, in part, but only to one minor claim, it is otherwise denied; Defendant Donald Wallace's Motion for Summary Judgment is denied.

As a result, Sears' claim under Vermont's Fair Employment Practices Act for intentional infliction of emotional distress and for negligent supervision will continue on track for a jury trial.

St. Johnsbury attorneys David Williams and David Sleigh filed a lawsuit on behalf of Sears on Jan. 26, 2006, claiming Wallace repeatedly engaged in sexual harassment directed toward Sears, who was the assistant director of the field house from July 2000 until she resigned in February 2005.

According to the suit, as a result of Wallace's harassment and the Academy's failure to take appropriate steps to prevent it from happening in the future, the Academy violated Vermont's Fair Employment Practices Act, resulting in the creation of a hostile working environment.

The suit further alleges Wallace intentionally and maliciously treated Sears in a degrading and humiliating manner over four and one half years.

A third claim alleges the Academy negligently supervised Wallace.

According to allegations contained in Sears' lawsuit, Wallace sent a graphic e-mail to Sears containing an explicit photograph of a sexual nature. On other occasions, Wallace made repeated offensive sexual remarks to Sears, creating a hostile work environment, according to her lawsuit. The plaintiff claims Wallace's pattern of behavior over four years eventually led her to resign from her job.

St. Johnsbury Academy, represented by Burlington attorney Patricia Sabalis of the law firm of Downs Rachlin Martin, and Donald Wallace, represented by Norwich attorney Elizabeth Rattigan, have both filed answers to Sears' complaint and have denied the claims asserted against them.

Sears' attorneys filed a motion for partial summary judgment on May 25, asking the court for a judgment, as a matter of law, that the Academy is vicariously liable for Wallace's conduct. The request for summary judgment is based on representations by Sears' attorneys that letters written by former Headmaster Bernier Mayo and current Headmaster Tom Lovett prove their case and establish the Academy knew about Wallace's conduct and did not prevent it, establishing the school's liability. Zonay's decision rejects Sear's motion.

St. Johnsbury Academy, in its motion for summary judgment, argues Wallace's conduct was not severe and pervasive enough to satisfy the legal standard and that Sears failed to fulfill her obligation to bring Wallace's ongoing harassment to the attention of the Academy headmasters. The Academy states a third claim that two of Sears' counts are redundant. Another Academy motion asks Zonay to exclude certain evidence presented by Sears. Zonay grants the request to dismiss one of the redundant counts but otherwise rejects the remainder of the Academy's motion.

Finally, Donald Wallace's motion for summary judgment on all claims against him is denied in its entirety.

With a major ruling by Zonay out of the way, the case is cleared for a jury trial, barring an out of court settlement by the parties.

No specific dollar demand has been made by Sears' attorneys.