Frazer vs. Dickens (5th Cir. 2003)

Federal Circuits, 5th Cir. (May 06, 2003)

Docket number: 02-41226


Permanent Link: http://vlex.com/vid/frazer-vs-dickens-18407653
Id. vLex: VLEX-18407653

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United States Court of Appeals Fifth Circuit FILED May 5, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-41182 Summary Calendar KAY FRAZER, Plaintiff-Appellant, versus ANGELINA COLLEGE, Defendant-Appellee. Consolidated w/ No. 02-41226 Summary Calendar KAY FRAZER, Plaintiff-Appellant, versus EDWIN LARRY DICKENS, Defendant-Appellee. Appeals from the United States District Court For the Eastern District of Texas (No. 9:01-CV-228) Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM: * AppellantÂ’s motions to reinstate the appeal in case No. 02-41182 and to consolidate that case with case No. 02-41226 are GRANTED.

We AFFIRM the judgment of the district court for the following reasons: 1. Angelina College exercised reasonable care to prevent and correct alleged discriminatory or harassing behavior. See Burlington Indus., Inc. v. Ellerth , 524 U.S. 742, 764 (1998). It is undisputed that: Angelina College had an antihar a ssment policy with complaint procedures; Angelina CollegeÂ’s investigation of ini t ial reports of harassment from other employees led to actions that stopped all sexual harassment directed at Finch; Angelina College placed the alleged harasser on leave within one week of FinchÂ’s first formal complaint, and one day after Finch put her allegations in writing; and Angelina College terminated the alleged harasserÂ’s employment. S ee generally , Cardid v. Metro-North Commuter R.R. , 191 F.3d 283, 295 (2d Cir. 1999). 2. Finch unreasonably failed to utilize the CollegeÂ’s sexual harassment complaint procedure. S ee Faragher v. City of Boca Raton , 524 U.S. 775, 807 (1998).

It is undi sput ed that Finch avoided reporting the harassment for roughly a year; that Finch failed to i nform Angelina College of harassment when explicitly asked by survey to do so; and that, even when Fin ch brought a complaint, she limit ed her evidence to a single incident of harassment. S ee , e.g. , Scrivner v. Socorro Indep. Sch. Dist. , 169 F.3d 969, 971 (5th Cir. 1999) (holding that an employee who fails to report conduct when given an express opportuni ty to do so unreasonably fails to fulfill Faragher § 1367 by declining to exercise pendant jurisdiction over FinchÂ’s state-law claims against Dickens, in light of its dismissal of all federal-law claims against Angelina College.

* Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4

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