Federal Circuits, 5th Cir. (May 06, 2003)
Docket number: 02-41226
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U.S. Court of Appeals for the 5th Cir. - 79 Fair Empl.Prac.Cas. (Bna) 429, 75 Empl. Prac. Dec. P 45,810 Kelly A. Scrivner, Plaintiff-Appellant, v. Socorro Independent School District; And, Alfonso Cardenas, Officially, Defendants-Appellees., 169 F.3d 969 (5th Cir. 1999) 75 Empl. Prac. Dec. P 45,810 Kelly A. Scrivner, Plaintiff-Appellant, v. Socorro Independent School District; And, Alfonso Cardenas, Officially, Defendants-Appellees.
U.S. Supreme Court - Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998)
U.S. Supreme Court - Faragher v. Boca Raton, 524 U.S. 775 (1998)
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. 47.5.4Try vLex for FREE for 3 days
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