ORDER ON DEFENDANT'S MOTION FOR SUMMARY
I. BILLINGS, JUSTICE
matter is before the Court on Defendant's Motion for
Plaintiff was employed by the Defendant, The Aroostook
Medical Center ("TAMC"), beginning in December
2010, through February and March 2013. (Def.'s S.M.F.
¶¶ 1-6). During the same time period, Barry
Campbell was also employed by TAMC and worked in the same
office and space as the Plaintiff in late 2012 and early
2013. (Id. at ¶¶ 2-4). Mr. Campbell never
had the authority to hire, fire, demote, transfer, or
discipline any employees. (Id. at ¶ 5).
Thursday, February 7, 2013, the Plaintiff observed Mr.
Campbell pull a co-worker's ID badge that was attached to
her chest in a manner that both the Plaintiff and her
co-worker believed was inappropriate. (Id. at ¶
13). Both Plaintiff and her co-worker reported the incident
to the co-worker's supervisor that same day.
(Id. at ¶ 14). During this meeting, the
Plaintiff reported two incidents regarding Mr. Campbell's
prior behavior towards herself: (1) that Mr. Campbell
"stands too close to the back of her chair" and
once asked "why is your chair so low?" and (2) that
"he was sitting on the side of her desk one day and she
felt like he was brushing his genital area with his
hand" in a way that was "more than an
adjustment." (Id. at ¶ 17; Pl Dep. Ex. 4).
The supervisor reported these complaints, and those reported
by the Plaintiff's co-worker, to human resources the same
day. (Def.'s S.M.F. ¶¶ 19-21).
either the next day, Friday, February 8, or the following
Monday, February 11, 2013, the co-worker's supervisor and
Mr. Campbell's supervisor met with Mr. Campbell to
discuss the complaints, and inform him that there would be
further investigation and that no retaliation would be
tolerated. (Id. at ¶¶ 22-23). Whether Mr.
Campbell took this warning seriously is a matter of dispute.
(Pl's Opp. S.M.F. ¶ 23).
Tuesday and Wednesday, February 12 and 13, 2013, the
co-worker's supervisor interviewed three more of the
Plaintiff's co-workers. (Def.'s S.M.F. ¶¶
24-28). Each reported incidents of alleged sexually harassing
behavior by Mr. Campbell. (Id. at ¶¶ 24,
Friday, February 15, 2013, Mr. Campbell was placed on
administrative leave beginning Monday, February 18, 3013 for
a comment he made that led TAMC to believe he was not taking
the situation seriously. (Id. at ¶ 31).
following week, Mr. Campbell's supervisor attempted to
arrange a meeting with him to further investigate the
February 7, 2013 reports by the Plaintiff and her
co-worker. (Id. at 33). Mr. Campbell refused to meet
without an attorney, but was told by TAMC that he could not
have an attorney present, and therefore the meeting was never
scheduled. (Id. at ¶¶ 34-36).
Thursday, February 28, 2013, Mr. Campbell met with TAMC's
Senior Vice President of Human Resources, Thomas Umphrey.
(Id. at ¶ 37). At this meeting, Mr. Umphrey
discussed the investigation, the circumstances surrounding
Mr. Campbell's return to employment with TAMC, and his
findings: (a) that Mr. Campbell engaged in unwelcome comments
and physical acts, (b) that he made light of the situation
and suggest retaliatory behavior, and (c) that he should have
known that his actions were contrary to TAMC's policies.
(Id. at ¶¶ 37-38; Umphrey Aff. Ex. 5). The
next day, Friday, March 1, 2013, Mr. Umphrey and Mr. Campbell
met again to review a letter describing Mr. Umphrey's
findings, listed above, and issue a Final Written Warning
that "any future behavior of a similar nature, including
any retaliatory actions, will result in immediate
termination." (Def.'s S.M.F. ¶¶ 41-43;
Umphrey Aff. Ex. 5).
on Friday, March 1, 2013, Mr. Umphrey, along with Mr.
Campbell's supervisor and the Plaintiff's
co-worker's supervisor, told the Plaintiff and her
co-worker that Mr. Campbell would be returning to work on
Monday, March 4, 2013. (Id. at ¶ 44). At this
time, the Plaintiff claimed that she had not been fully
heard, and was told that she could file a grievance
concerning the handling of her complaint. (Id. at
¶ 47-48). The Plaintiff met with TAMC supervisors to
discuss such a grievance on Monday, March 4, 2013, and she
prepared a written statement in support of that grievance on
March 5, 2013. (Id. at ¶¶ 51, 53). In this
statement, the Plaintiff repeated the allegations of her
original February 7, 2013 report in more detail and also
described an additional incident in the fall of 2012 when Mr.
Campbell put his arm around her and let his hand fall atop
her breast. (Id. at ¶¶ 54-56).
Mr. Campbell returned to work on Monday, March 4, 2013, the
Plaintiff was out of the office on administrative leave for
that week, and she was out on vacation the following week.
(Id. at ¶¶ 49-50). During the week
Plaintiff was on administrative leave, Mr. Campbell went to
the area where the Plaintiff's co-worker who also
reported him was stationed. TAMC terminated Mr. Campbell on
Friday, March 8, 2013 after Mr. Umphrey determined that Mr.
Campbell could not follow the conditions placed on his
employment. (Id. at ¶¶ 58-60). Between
when the Plaintiff reported Mr. Campbell's conduct on
February 7, 2013 and when he was terminated on March 8, 2013,
the Plaintiff did not experience any further unwelcome sexual
conduct from Mr. Campbell. (Id. at ¶ 64).