Professional Documents
Culture Documents
Complaint and Jury Demand
Complaint and Jury Demand
1 Page 1 of 13
Plaintiff, HON.
v.
Defendant.
_____________________________________________________________________________/
Plaintiff, Smith M. Moore, by and through his attorneys, DREW COOPER & ANDING,
states as follows:
Case 1:20-cv-00811-JTN-SJB ECF No. 1 filed 08/24/20 PageID.2 Page 2 of 13
JURISDICTION
1. This action arises pursuant to 42 U.S.C. § 1981, the Civil Rights Act of 1966, and 42 U.S.C.
provisions.
2. The jurisdiction of the Court is further invoked pursuant to 28 U.S.C. §§ 2201 and 2202;
and hostile work environment pursuant to Michigan’s Elliott-Larsen Civil Rights Act).
3. The unlawful employment practices alleged below were committed within the Western
4. Plaintiff has a Charge of Discrimination pending with the Michigan Department of Civil
Rights (MDCR) and/or the Equal Employment Opportunity Commission (EEOC) and has
not yet received his Notice of Right to Sue regarding the aforementioned claims. Plaintiff
will seek to amend this Complaint to include violations of Title VII. Equitable and other
PARTIES
5. Plaintiff realleges and incorporates by reference the allegations contained in the previous
paragraphs.
6. Plaintiff, Smith M. Moore, is an African American male and a citizen of the United States
and the State of Michigan, and resides in the City of Portage, County of Kalamazoo, which
is within the territorial limits of the United States District Court for the Western District of
Michigan. Plaintiff Moore was at all relevant times an employee of Defendant Western
Michigan University.
Case 1:20-cv-00811-JTN-SJB ECF No. 1 filed 08/24/20 PageID.3 Page 3 of 13
County of Kalamazoo in the state of Michigan, which is within the territorial limits of the
United States District Court for the Western District of Michigan. Defendant Western
Michigan University was at all relevant times the employer of Plaintiff Smith M. Moore.
8. Plaintiff realleges and incorporates by reference the allegations contained in the previous
paragraphs.
9. Plaintiff Smith M. Moore began employment with Defendant Western Michigan University
10. In 2012, Moore was promoted to Director of Event Services and Catering.
11. As Director, Moore oversees all reservations and events at the Bernhard Student Center
located on WMU’s campus. The Bernhard Center serves as the WMU student center
providing the campus community with student services, facilities, programs, activities, and
events.
12. During all relevant times, Mitchell Beare was the Assistant Director of Operations at
WMU.
13. During Plaintiff’s employment with Defendant WMU, Moore and other WMU employees
have observed Beare (who is a Caucasian male) repeatedly act in racist, discriminatory,
and demeaning ways toward African American students and other students of color.
14. When events were being planned for African American student group events, Beare would
complain about the scheduling and refer to them in a derogatory manner as “those groups.”
15. Once “those groups” were identified by Beare, other discriminatory behavior would
16. Beare had a practice of characterizing and categorizing certain events as high-risk or low-
risk. Beare would repeatedly single out and profile African American students and events
as “problems” even if they were low-risk by nature and instruct Plaintiff Moore to make
sure the African American students knew the rules. At the same time however, even the
“high-risk” events being planned by Caucasian students would not be addressed with
similar concern or instructions. Plaintiff Moore was being instructed to treat these groups
17. At the same time, Beare, using his authority over event operations, would regularly
comments about his abilities and by intentionally providing inadequate staffing during
18. With inadequate staffing promulgated by Beare, Beare would assume that something was
going to go wrong at events sponsored and primarily attended by African Americans and
he would request that the Department of Public Safety be present, which would knowingly
create an atmosphere of discord when there wasn’t one, or result in unwarranted outcomes.
19. Furthering his outward animus towards African American students at WMU and other
minorities, Beare would only complain to Plaintiff Moore about the cleanup required after
functions involving African American students and groups, and would refer to Asian
20. The environment created by Beare’s comments and his discriminatory conduct caused
Plaintiff Moore to take on additional duties and responsibilities to ensure that WMU’s
catering and events department and events ran properly despite Beare’s intentional acts to
21. Beare’s discriminatory profiling and disdain for non-Caucasian students was a pattern and
22. Around March/April 2016, Plaintiff Moore submitted written complaints to Defendant
WMU regarding the racial profiling of student events and racially derogatory comments
23. Defendant WMU was aware of the verbal and written complaints made by Plaintiff Moore
and other co-workers about Beare’s behavior yet failed to take appropriate actions to
remedy his conduct and provide a safe environment for students, faculty, and staff.
24. In fact, the Human Resources Department, the Office of Diversity and Inclusion, and/or
the Institution Equity Department of Defendant were all aware of Mr. Beare’s racially
discriminatory conduct and behavior due to the complaints made over the years.
25. Instead of taking any disciplinary action whatsoever against Beare, it is believed WMU
recommended that Beare take diversity training. WMU did not follow up on their
26. When Beare was finally required to attend a diversity and inclusion training initiative for
faculty and staff, he took that occasion to further retaliate against Plaintiff Moore in a very
public setting.
27. On Friday, August 25, 2017, Mitchell Beare finally did attend a WMU Diversity and
Inclusion meeting. At the training meeting, Beare walked up behind Plaintiff Moore who
was seated at a table at the front of the room, and hung a looped rope/noose behind Plaintiff
Moore’s head with the intent of pulling it over his head and around his neck --- which is
28. This racially charged act was done in front of other WMU colleagues and coworkers.
Case 1:20-cv-00811-JTN-SJB ECF No. 1 filed 08/24/20 PageID.6 Page 6 of 13
29. When Plaintiff Moore turned around in his seat and saw that Beare had a noose and was
30. Plaintiff heard another employee say to Mr. Beare, “No… you can’t do that!”
31. Surprisingly, even after Beare’s inappropriate and racially charged actions, the training
session proceeded. Plaintiff Moore tried to make it through the meeting, but was so
horrified and shaken by the incident that he had to excuse himself from the meeting.
32. On Monday, August 28, 2017, other coworkers told Plaintiff Moore that they saw Beare
33. Plaintiff Moore reported the incident to his supervisor and indicated that he did not feel
safe working around Mitchell Beare. Plaintiff Moore informed his supervisor that he
needed to take some time off from work as he could not understand how someone who had
a known history of racially hostile behavior, and aggressive and violent conduct, was
allowed to continue to work at WMU and create a dangerous and threatening environment
for him.
35. Several individuals present at WMU’s Inclusion and Diversity Training session confirmed
that Mitchell Beare made a noose and with a smirk on his face placed it behind Plaintiff
Moore’s head. They also stated that if Beare had not been stopped, he would have
36. During the investigation, two witnesses stated that the incident should have been
37. Others corroborated Plaintiff’s allegations that Beare would regularly racially profile and
target African American groups trying to plan events on campus, and that Beare often
stated that he hated when “those groups” were scheduled. And when asked to assist with
Case 1:20-cv-00811-JTN-SJB ECF No. 1 filed 08/24/20 PageID.7 Page 7 of 13
events organized primarily by African Americans, Beare would state, “Not my circus, not
my monkeys.”
38. During the investigation, witnesses described Mr. Beare as angry, losing his temper often,
throwing things, yelling, kicking objects, hitting walls, and having frequent discussions
about his guns and his gun rights. Some of the witnesses became visibly upset just
discussing Beare’s behavior, and they stated that after witnessing the noose incident they
wondered what else Beare might be capable of and feared for their safety.
39. Defendant WMU’s investigative report dated October 9, 2017, states that attempts had
been made over a period of years to get Mr. Beare to participate in diversity training put
on by WMU’s Office of Diversity and Inclusion. Mitchell Beare did not comply with
WMU’s requests.
40. In an October 23, 2017 letter following the investigation into this matter, WMU concluded
there was sufficient evidence to support a finding for racial discrimination and that Mitchell
41. Sometime around September 2017, Mitchell Beare was allowed to retire from WMU, with
benefits.
42. Plaintiff has suffered trauma and the lasting effects of being subjected to ongoing racial
discrimination and harassment by Mitchell Beare, and having a noose placed behind his
43. Defendant’s failure to promptly and effectively address the prior complaints of racial
to racial animus that permeated the work environment and emboldened Defendant’s Assistant
Director of Operations to feel comfortable enough to hold a noose behind Plaintiff’s head
44. Beare’s actions were bold, egregious, horrific, racially charged, discriminatory, and created
45. Plaintiff believes that similarly situated Caucasian employees were not subjected to this
treatment.
46. The harassment and discriminatory actions of Defendant Western Michigan University, by
and through its agents, employees, managers and/or assigns, were based in whole or in part
on Plaintiff’s race.
47. A racially hostile work environment grew from Defendant WMU allowing the racially hostile
conduct toward Plaintiff (an African American) and African American students to continue
regularly during the time Mitchell Beare was permitted to continue his employment with
48. Defendant WMU created a culture in which Mr. Beare had license to demean and berate
Plaintiff, African American students, and other minorities with the security of knowing no
49. The harassment against Plaintiff was unwelcomed and unwanted, and the conduct and
communication that was directed at Plaintiff during his employment at Defendant Western
Michigan University, by and through its agents, employees, managers and/or assigns,
substantially interfered with Plaintiff’s employment and fostered an intimidating, hostile, and
50. Plaintiff complained to WMU about the harassment, and discriminatory conduct however
Defendant failed to take prompt, effective, and remedial action regarding Plaintiff’s
complaints and ultimately treated him less favorably than similarly situated non-African
51. Plaintiff was subjected to race discrimination and harassment/hostile work environment in
violation of 42 U.S.C § 1981, and the Michigan Elliott Larsen Civil Rights Act.
52. On November 27, 2017, Plaintiff filed a Charge of Discrimination with the MDCR and the
COUNT I
DISCRIMINATION
HARASSMENT - HOSTILE WORK ENVIRONMENT
42 U.S.C. § 1981
53. Plaintiff realleges and incorporates by reference the allegations contained in the previous
paragraphs.
54. The actions by Defendant Western Michigan University occurred in whole or in part on
account of Plaintiff’s race, and on that basis were performed intentionally and in a
Thus, Defendant Western Michigan University, through its managers, employees, agents
COUNT II
HARASSMENT - HOSTILE WORK ENVIRONMENT (RACE)
ELLIOTT-LARSEN CIVIL RIGHTS ACT
55. Plaintiff realleges and incorporates by reference the allegations contained in the previous
paragraphs.
56. During the course of Plaintiff’s employment with Defendant Western Michigan University,
offensive comments and other conduct, including having a noose hung behind his head,
Case 1:20-cv-00811-JTN-SJB ECF No. 1 filed 08/24/20 PageID.10 Page 10 of 13
57. The aforementioned unwelcomed derogatory and racially offensive comments and other
conduct based on Plaintiff’s race had the purpose and/or effect of substantially interfering
employment environment.
58. Defendant Western Michigan University had both actual and constructive notice their
employees, agents, managers, and/ or assigns, were creating a hostile and offensive work
environment.
59. Despite having notice of the conduct, Defendant Western Michigan University, failed to
adequately investigate and take prompt and/or appropriate remedial action. By said acts,
60. Defendant further violated the Elliott-Larsen Civil Rights Act in that:
61. Such conduct has denied Plaintiff equal protection and civil rights guaranteed by the
COUNT III
DISCRIMINATION (RACE)
ELLIOTT-LARSEN CIVIL RIGHTS ACT
62. Plaintiff realleges and incorporates by reference the allegations contained in the previous
paragraphs.
Case 1:20-cv-00811-JTN-SJB ECF No. 1 filed 08/24/20 PageID.11 Page 11 of 13
63. The aforementioned acts by Defendant Western Michigan University, through its
regarding the terms and conditions of his employment on the basis of his race and on that
race which interfered with his employment. By said acts, Defendant has violated Michigan
common and/or statutory law, including specifically the Elliott-Larsen Civil Rights Act,
64. Such conduct has denied Plaintiff equal protection and civil rights guaranteed by the
DAMAGES
65. Plaintiff realleges and incorporates by reference the allegations contained in the previous
paragraphs.
66. As a direct and/or proximate result of the aforementioned actions and inactions by
Defendant, Plaintiff sustained injuries including but not limited to, mental anguish, fright,
personal life, loss of enjoyment of the ordinary pleasures of living, possible loss of earning
67. As a direct and/or proximate result of the aforementioned actions and inactions by
Defendant, Plaintiff has been deprived of wages, loss of income, earning capacity, and,
other damages known and unknown, causing Plaintiff to suffer considerable financial
WHEREFORE, Plaintiff Smith M. Moore seeks all appropriate damages against Defendant
Western Michigan University arising out of law, equity, and fact for each or all of the above counts
where applicable and hereby requests that the trier of fact award Plaintiff all applicable damages,
including but not limited to compensatory, exemplary, and/or punitive and all other relief arising out
of law, equity and fact according to statutory and common law, including interest, costs, and
attorney fees.
Respectfully submitted,
JURY DEMAND
Plaintiff, Smith M. Moore, by and through his attorneys, DREW COOPER, & ANDING,
Respectfully submitted,