Supreme Court rejects Marion police employee’s harassment and retaliation claims

The flirtatious words and touches from a deputy police chief and the veiled threats from an administrative manager were not severe enough to warrant a lawsuit from a former custodian of the Marion Police Department, the Iowa Supreme Court unanimously decided Friday.

The custodian, Valerie Rheeder, sued the city and three police department employees in 2019 and claimed she was sexually harassed and retaliated against when she complained about it.

The situation stems from numerous attempts by then-Deputy Chief Douglas Slagle to cultivate a relationship with Rheeder in late 2018 and early 2019.

He sought her cellphone number, repeatedly requested to meet with her alone, stood too close to her, touched her, and asked to go to her house, according to court records.

Some of the allegations were borne out in the high court's decision, which included lengthy text message exchanges between Rheeder and Slagle.

"You tell me what you want to do with me, and I will tell you what I want to do with you," Slagle messaged Rheeder, court records show. "I want to know if it's the same thing. I want to know if what I want is what you want."

When the two had trouble finding time to meet at Slagle's request, Rheeder said she joked Slagle could simply stop her vehicle out in public.

"Yeah that would be great," Slagle allegedly replied. "I would put you in handcuffs and pat you down."

Rheeder said she replied: "No, that wasn't what I had in mind."

Rheeder eventually told Slagle explicitly she wasn't interested in his advances, and he relented and apologized, court records show. She complained about his conduct to then-Police Chief Joseph McHale, who investigated the situation and ordered the two to cease communications with each other.

Shortly thereafter, Administrative Manager Shellene Gray was allegedly angry with Rheeder for not reporting the harassment allegations to Gray first. Gray allegedly instructed Rheeder not to tell people about the allegations or "I will get you," court records show.

Their work relationship continued to be tense, and in May 2019, McHale told Rheeder she would not be required to work with Gray anymore. Gray apologized that Rheeder felt intimidated.

But that month Rheeder complained to the city's human resources department that she had faced retaliation for her complaint against Slagle — who had resigned from his job — and that the work environment was hostile.

Rheeder was granted a leave of absence for the investigation into that complaint, and she later decided not to return to work. Court records indicate Rheeder moved to Florida.

McHale also resigned from the department about that time, although the city said his and Slagle's resignations were not related to the investigation.

Rheeder filed the lawsuit several months later. She sought damages to compensate her for her "severe mental and emotional distress, fear, humiliation, stress, intimidation and anger," according to the suit.

The city denied Rheeder's claims in court and in public: "It is unfortunate that, despite the city's best efforts to resolve Ms. Rheeder's complaints, she has instead chosen to litigate this matter," the city said in a prepared statement at the time.

A district court judge denied the defendants' request to dismiss the lawsuit in 2023, and the lawsuit proceedings were put on hold while they appealed the decision to the Supreme Court.

The justices found that Slagle's conduct "was not severe or pervasive enough" to warrant a lawsuit.

"While some of Slagle’s conduct would be offensive, it involved no physical threats or humiliations," according to the Friday opinion, which was penned by Justice David May.

His conduct also did not "unreasonably interfere" with Rheeder's work.

"Viewing all relevant circumstances in the light most favorable to Rheeder, Slagle’s conduct was not sufficiently severe or pervasive to create a hostile work environment," the opinion said.

As for Gray's alleged intimidations, the justices noted Gray did not physically injure Rheeder or her property, and Gray did not alter Rheeder's "employment conditions."

"Gray's threats were so vague that we cannot say that they were even threats of something that would be objectively injurious or harmful," the opinion said.

The justices reversed the district court judge's 2023 decision and said the lawsuit should be dismissed.

Comments: (319) 368-8541; jared.strong@thegazette.com