Hye-Young Park v. Michael Hudson


NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted September 17, 2019* Decided September 19, 2019 Before FRANK H. EASTERBROOK, Circuit Judge ILANA DIAMOND ROVNER, Circuit Judge AMY C. BARRETT, Circuit Judge Nos. 18-3017 & 18-3225 HYE-YOUNG PARK, Appeals from the United States District Plaintiff-Appellee/Cross-Appellant, Court for the Central District of Illinois. v. No. 15-2136 CHARLES SECOLSKY, Colin S. Bruce, Defendant-Appellant/Cross-Appellee, Judge. and MICHAL T. HUDSON, et al., Defendants-Appellees. ORDER Hye-Young Park, a former graduate student at the University of Illinois, filed a wide-ranging federal lawsuit after she was sexually harassed by a professor and a * We have agreed to decide this case without oral argument because the briefs and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court. FED. R. APP. P. 34(a)(2)(C). Nos. 18-3017 & 18-3225 Page 2 visiting researcher. Some of her claims were dismissed on the defendants’ motion, and others were adjudged in favor of both her and the defendants at summary judgment. She proceeded to trial on her remaining claims and was awarded $500,000 in damages for her claims against the visiting researcher, Charles Secolsky. She received no money damages, however, for a battery claim decided in her favor against the professor, Dr. Robert Stake. Secolsky appealed from the judgment, and Park cross-appealed. For the reasons stated below, we affirm the district court’s judgment. Park, originally from South Korea, transferred to the University of Illinois in 2003 to continue her doctoral studies. There, she enrolled in a course taught by Dr. Robert Stake, a Professor Emeritus. Later, between 2005 and 2012, Stake assisted and advised Park in her efforts to obtain her doctorate. After graduating in 2013, Park stayed at the university and worked without compensation for two professors through the Optional Practical Training program (a form of temporary employment that allows eligible students with F-1 visas to remain legally in the country for another year to gain work experience in their field of study). At times, Park also sat in on a class taught by Stake. In October 2013 Park went to lunch with Stake to ask for help with job applications. At lunch, Park asserts, Stake kissed her on the lips; Stake contends that the kiss was on her forehead. Either way, the kiss was unwanted, and it was the first incident of sexual harassment that led to this lawsuit. That fall Park met Charles Secolsky, a visiting researcher at the university’s Center for Instructional Research and Curriculum Evaluation. Secolsky wrote grant proposals, taught case-study methods, and lectured on research methodology. He also served as an instructor for one of Stake’s classes that Park was attending. Park developed an academic relationship with Secolsky. At the time, she was writing a book, and Secolsky reviewed portions of it for her. They also collaborated on other academic matters, such as writing grant proposals and a conference paper. In ...

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