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7th Circuit affirms dismissal of hostile work environment claim

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The 7th Circuit Court of Appeals has determined that a woman failed to prove that she was subject to a hostile work environment at Ball State University.

In Maetta Vance v. Ball State University, et al., No. 08-3568, Maetta Vance claimed that her co-workers’ racially charged statements along with unfavorable treatment by her superiors created a hostile work environment.

Vance’s complaint stems from incidents that began in 2001, when Saundra Davis, her co-worker in the University Dining Services catering department, allegedly slapped Vance in the back of the head without provocation. Vance orally complained to her supervisors, but because Davis soon transferred to another department, she did not pursue the matter.

Around the same time, Bill Kimes became Vance’s supervisor. She said Kimes refused to shake her hand when they first met, used a gruff tone of voice with her, and made her feel unwelcome. The Circuit Court held that while evidence exists to support that Kimes was generally difficult to work with, there is no cause to believe he treated her differently than others because of her race, and Vance admitted in her deposition that she had never heard him say anything about her race.

In 2005, Davis returned to Vance’s department, and on September 23, 2005, the two had an altercation in the elevator. A few days later, Vance heard from a fellow employee that another co-worker, Connie McVicker, used a racial epithet to refer to Vance and African-American students on campus.

On September 26, 2005, Vance complained orally to her supervisor about McVicker’s statements, and on October 17, 2005, she called University Compliance to request a complaint form. While requesting the document, Vance again complained about McVicker’s racially offensive comments and, for the first time, informed Ball State that Davis had slapped her four years earlier. In early November, Vance submitted a written complaint detailing McVicker’s comments and the elevator incident with Davis.

Ball State investigated the racial epithet and recommended that Kimes give McVicker a written warning due to the seriousness of the allegation. Typically, the university issues a verbal warning for a first offense and a written warning for a second offense. Kimes issued a written warning to McVicker, but was unable to discipline her when Vance alleged McVicker had subsequently called her another racial epithet because there were no witnesses to support Vance’s claim.

Over the course of several years, Vance lodged multiple complaints against her co-workers, stating that they made faces at her, stared at her, and slammed pots and pans when she was nearby. But the Circuit Court held that a hostile work environment claim requires a consideration of all the circumstances because, in the end, it is the employer’s liability that is at issue, not the liability of particular employees. In Vance’s case, the court held she did not prove Ball State was negligent because the university did investigate her claims.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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