IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

 

DIANA HORN : CIVIL ACTION 

334 South 9th Street : 

North Wales, PA 19454 : No. __________________ 

 : 

 Plaintiff, : JURY TRIAL DEMANDED 

 v. : 

 : 

MONTGOMERY COUNTY : 

COMMUNITY COLLEGE : 

340 Dekalb Pike : 

Blue Bell, PA 19422 and : 

 : 

FOLLETT CORPORATION : 

Individually and t/d/b/a : 

FOLLET HIGHER EDUCATION : 

GROUP, INC. : 

2233 West Street : 

River Grove, IL 60171 and : 

 : 

FOLLETT HIGHER EDUCATION : 

GROUP, INC. : 

1818 Swift Drive : 

Oak Brook, IL 60523 and : 

 : 

DAYMOND DAVENPORT : 

423 Forrest Avenue : 

Norristown, PA 19401 : 

 : 

 Defendants. : 

 : 

CIVIL ACTION COMPLAINT

Plaintiff Diana Horn, by and through her undersigned counsel, hereby avers as follows 

I. Introduction

1. Plaintiff has initiated the instant action to redress violations by Defendants of Title VII of 

the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1983, and other applicable federal and 

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state law. She asserts that Defendants illegally subjected her to sexual harassment and 

discrimination as well as retaliation for activity protected by Title VII. 

II. Jurisdiction and Venue

2. The instant action is initiated pursuant to Title VII of the Civil Rights Act of 1964, as 

amended, 42 U.S.C. § 1981a, and applicable state law. This Court may properly maintain 

personal jurisdiction over Defendants because Defendants’ contacts with this state and this 

judicial district are sufficient for the exercise of jurisdiction over Defendants to comply with 

traditional notions of fair play and substantial justice, satisfying the standard set forth by the 

United States Supreme Court in International Shoe Co. v. Washington, 326 U.S. 310 (1945) and 

its progeny. 

3. The United States District Court for the Eastern District of Pennsylvania may exercise 

original subject matter jurisdiction over the instant action pursuant to 28 U.S.C. §§ 1331 and 

1343(a)(4) because it arises under the laws of the United States and seeks redress for violations 

of civil rights. The Court may also maintain supplemental jurisdiction over the state law claims

set forth herein pursuant to 28 U.S.C. § 1367(a) and Rule 18(a) of the Federal Rules of Civil 

Procedure because they are sufficiently related to the claim(s) within the Court’s original 

jurisdiction that they form part of the same case or controversy. 

4. Venue is properly laid in the Eastern District of Pennsylvania pursuant to 28 U.S.C. §§ 

1391(b)(1) and 1391(b)(2) because Defendants reside in and/or conduct business in this judicial 

district and because a substantial part of the acts and/or omissions giving rise to the claims set 

forth herein occurred in this judicial district (Plaintiff was employed and attending college in the

Eastern District of Pennsylvania at the time of the illegal actions set forth herein). 

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5. The Court may maintain supplemental jurisdiction over Plaintiff’s state law claims

against Defendant Davenport because one or more federal claims are asserted against him and/or

because, pursuant to 28 U.S.C. § 1367(a): (i) its original jurisdiction in the instant case is based

upon 28 U.S.C. § 1331 as opposed to 28 U.S.C. § 1332; (ii) the claims against Defendant 

Davenport are sufficiently related to the claim(s) within the Court’s original jurisdiction that they 

form part of the same case or controversy; (iii) the claims against Defendant Davenport do not 

involve novel or complex issues of state law; (iii) the claims against Defendant Davenport do not 

predominate over the claims over which the Court has original jurisdiction; and (iv) there is no

other compelling reason to decline jurisdiction over the claims against Defendant Davenport. 

III. Parties

6. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

7. Plaintiff Diana Horn (hereinafter “Plaintiff” unless otherwise noted) is an adult individual 

and citizen of the United States with an address as set forth above. 

8. Defendant Montgomery County Community College (hereinafter “Defendant College” 

unless otherwise noted) is a government-sponsored educational organization located at the above

address. 

9. At all times relevant hereto, Defendant College received two-thirds of its operating

revenue from state and county monies and, upon information and belief, also received federal

funds. 

10. Defendant Follett Corporation is a corporation with a headquarters at the above-captioned 

address. Defendant Follett Corporation also trades and conducts business as “Follett Higher 

Education Group.” 

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11. Follett Education Group is a division of Defendant Follett Corporation with a 

headquarters at the above-captioned address (hereinafter, Defendants Follett Corporation and 

Follett Higher Education Group are jointly referred to as “Defendant Follett” unless otherwise 

noted). 

12. Defendant Damon Davenport (hereinafter “Defendant Davenport” unless otherwise 

noted) is an individual who resides at the above-captioned address. At all times relevant herein, 

Defendant Davenport was an agent, servant and employee of Defendant College. 

13. At all times relevant herein, Defendant College and Defendant Follett acted through their 

agents, servants and employees, each of whom was in the scope of their employment at all times 

relevant herein. 

14. Defendant College and Defendant Follett are each “employers” within the meaning of 42 

U.S.C. § 12111(5) because they are engaged in an industry affecting commerce and because they

maintain or maintained fifteen (15) or more employees for each working day in each of twenty

(20) or more calendar weeks in the current or preceding calendar year. 

15. Defendant College and Defendant Follett also maintain sufficient employees to satisfy 

the jurisdictional prerequisites of the Pennsylvania Human Relations Act (requiring four or more

employees). 

16. Defendant College and Defendant Davenport acted under color of state law at all times

relevant hereto. 

IV. Procedural and Administrative Requirements

17. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

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18. Plaintiff has satisfied the procedural and administrative requirements for proceeding 

under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act as 

follows: 

a. On or about November 20, 2003, Plaintiff filed timely written charges of 

discrimination against Defendant College and Defendant Davenport (at Charge No. 170-

2004-00566) and against Defendant Follett and Defendant Davenport (at Charge No. 

170-2004-01074) with the Philadelphia office of the Equal Employment Opportunity 

Commission alleging sexual harassment, sexual discrimination, and retaliation; 

b. The Equal Employment Opportunity Commission issued a Notice of 

Right to Sue to Plaintiff on the foregoing charges on or about December 1, 2004; 

c. The instant action is timely because it is initiated within ninety (90) days 

of the receipt of the aforementioned Notice; 

d. Plaintiff also cross-filed the aforementioned charges of discrimination 

with the Pennsylvania Human Relations Commission; 

 e. Plaintiff has exhausted her federal administrative remedies as to the 

allegations of this Complaint; 

f. Plaintiff has exhausted her state administrative remedies as to the 

allegations of this Complaint. 

V. Factual Background

19. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

20. Plaintiff is female. 

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21. In or about January of 2003, Plaintiff began attending Defendant College as a full-time

student and also began working at the campus bookstore, which is owned and operated by 

Defendant Follett and Defendant College, and the campus library. 

22. During the foregoing period of time and through September of 2003, Defendant 

Davenport, a male Public Safety Officer at Defendant College, began sexually harassing Plaintiff 

and making unwanted sexual advances toward her while she was working in the bookstore, while 

she was walking to class, and at other times while she was an employee of Defendant Follett and 

Defendant College and a student of Defendant College. 

23. Plaintiff made it clear to Defendant Davenport that she was not interested in pursuing a 

relationship with him. However, Davenport refused to relent and continued to sexually harass 

Plaintiff, stalk her, place telephone calls to her home, and insist that she engage in a relationship 

with him.

24. Defendant Davenport also illegally obtained Plaintiff’s address, class schedule, financial 

aid information, and other personal and educational information regarding Plaintiff from the

records of Defendant College with the assistance and complicity of an agent and employee of 

Defendant College (one Ray Kratz). 

25. Plaintiff reported the foregoing harassment to Defendant Follett and Defendant College, 

but no action was taken to stop Defendant Davenport’s harassment. 

26. After Plaintiff reported the foregoing harassment, she was subjected to a pattern of 

retaliatory conduct including but not limited to nails in the tires of her car, harassing phone calls, 

and offensive inquiries from agents of Defendant College as to whether or not she had “dated”

Defendant Davenport. 

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27. Defendant College, by and through its officials and agents, also attempted to dissuade 

Plaintiff from reporting or continuing to report the harassment of Defendant Davenport. 

COUNT ONE 

TITLE VII VIOLATIONS 

SEXUAL HARASSMENT AND DISCRIMINATION 

PLAINTIFF v. DEFENDANT COLLEGE AND DEFENDANT FOLLETT

28. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

29. In knowingly engaging in, allowing, permitting and encouraging a pervasive and ongoing

pattern of sexual harassment against Plaintiff as aforesaid, Defendant Follett and Defendant 

College, by and through their agents, engaged in (in the case of Defendant College) and failed to 

stop (in the case of Defendant Follett) a pattern of illegal hostile environment and quid pro quo

sexual harassment against Plaintiff by Defendant Davenport. 

30. The foregoing harassment would offend a reasonable person and did in fact offend 

Plaintiff. 

31. The foregoing harassment of Plaintiff was severe and adversely affected the terms and 

conditions of her employment. 

32. Defendants were aware of the foregoing harassment but nonetheless failed to take 

corrective action to stop same. 

33. As a direct and proximate result of the foregoing sexual harassment and discrimination, 

Plaintiff suffered the damages set forth herein. 

WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra.

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COUNT TWO 

TITLE VII VIOLATIONS 

RETALIATION 

PLAINTIFF v. DEFENDANT COLLEGE AND DEFENDANT FOLLETT

34. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

35. The foregoing conduct of Defendant Follett and Defendant College constituted illegal 

retaliation against Plaintiff in the terms and conditions of her employment as a direct result of her 

complaints of and opposition to sexual harassment and discrimination. 

36. In subjecting Plaintiff to adverse employment actions because of her complaints of and 

opposition to sexual harassment and discrimination, Defendant Follett and Defendant College 

violated Title VII of the Civil Rights Act of 1964, as amended. 

WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra.

COUNT THREE 

ENTITLEMENT TO DAMAGES UNDER 42 U.S.C. § 1981a 

PLAINTIFF v. DEFENDANT COLLEGE AND DEFENDANT FOLLETT

37. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

38. Defendant Follett and Defendant College have engaged in knowing and unlawful

discrimination pursuant to 42 U.S.C. § 1981a. 

39. Defendant Follett and Defendant College have engaged in discriminatory practices with 

malice and reckless indifference to Plaintiff’s federally-protected rights to be free from

employment discrimination and harassment based on her sex and religion and her right to be free 

from retaliation for reporting, complaining of, or opposing sexual harassment and discrimination. 

40. As a result of Defendants’ unlawful discrimination, Plaintiff has suffered pecuniary 

losses, physical damages, emotional pain, suffering, inconvenience, mental anguish, loss of 

enjoyment of life, and other non-pecuniary losses, as set forth herein. 

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WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra. 

COUNT FOUR 

CIVIL RIGHTS VIOLATIONS 

42 U.S.C. § 1983 

PLAINTIFF v. DEFENDANT COLLEGE AND DEFENDANT DAVENPORT

41. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

42. Defendant Davenport and Defendant College acted under color of state law to deprive 

Plaintiff of rights secured to her under the United States and Pennsylvania Constitutions in 

sexually harassing Plaintiff, invading her privacy by obtaining and disseminating personal 

information regarding Plaintiff, retaliating against Plaintiff for complaining of sexual 

harassment, stalking her and harassing her via telephone, and deliberately damaging Plaintiff’s

personal property (including but not limited to her personal vehicle) as a result of her exercise of 

rights guaranteed to her by the United States and Pennsylvania Constitutions. 

WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra.

COUNT FIVE 

TITLE IX VIOLATIONS 

20 U.S.C. § 1681 

PLAINTIFF v. DEFENDANT COLLEGE

43. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

44. Defendant College is an "Educational institution" as that term is defined in 20 U.S.C. § 

1681. 

45. Defendant College acted with deliberate indifference to the sexual harassment and sexual 

discrimination to which Plaintiff was subjected as aforesaid . 

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46. The harassment to which Plaintiff was subjected was severe enough to effectively bar 

Plaintiff from access to educational opportunities or benefits. 

47. Defendant College’s deliberate indifference caused the harassment to which Plaintiff was 

subjected and made Plaintiff more vulnerable thereto. 

WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra.

COUNT SIX 

FAMILY EDUCATIONAL AND PRIVACY RIGHTS (FERPA) VIOLATIONS

PLAINTIFF v. DEFENDANT COLLEGE

48. The foregoing paragraphs are incorporated herein in their entirety as if set forth in 

full. 

49. At all times relevant herein, Plaintiff was a “student” as that term is defined in 20 

U.S.C. § 1232(g). 

50. At all times relevant hereto, Defendant was an “educational agency or institution” as 

that term is defined in 20 U.S.C. § 1232(g). 

51. Defendant College improperly released and disclosed education records, directory 

information, and other personal and confidential information of Plaintiff without her consent. 

WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra.

COUNT SEVEN 

SEXUAL HARASSMENT AND DISCRIMINATION 

PENNSYLVANIA HUMAN RELATIONS ACT 

PLAINTIFF v. DEFENDANT COLLEGE AND DEFENDANT FOLLETT

52. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

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53. The actions of Defendant Follett and Defendant College as aforesaid, in harassing and 

discriminating against Plaintiff based upon her sex, also violated the Pennsylvania Human 

Relations Act, 43 Pa.C.S.A. § 959 et. seq. 

WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra.

COUNT EIGHT 

PENNSYLVANIA HUMAN RELATIONS ACT 

AIDING AND ABETTING 

PLAINTIFF v. DEFENDANT DAVENPORT

54. The foregoing paragraphs are incorporated herein in their entirety as if set forth in 

full. 

55. The actions of Defendant Davenport as aforesaid constituted the aiding, abetting, inciting, 

compelling or coercing the doing of acts considered to be discriminatory. 

56. Defendant Davenport’s actions as aforesaid caused Plaintiff to suffer loss of earnings and 

earning power, severe emotional distress, pain and suffering, and loss of self-esteem, and other 

damages as set forth herein. 

57. The actions of Defendant Davenport as aforesaid violated the Pennsylvania Human 

Relations Act, 43 Pa.C.S.A. § 959 et. seq. 

WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra.

COUNT NINE 

INTRUSION UPON SECLUSION - INVASION OF PRIVACY 

PLAINTIFF v. DEFENDANT COLLEGE AND DEFENDANT DAVENPORT

58. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

59. Defendant College and Defendant Davenport willfully and maliciously disseminated

private information regarding Plaintiff to non-privileged persons. 

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60. The intrusion of Plaintiff’s private affairs and dissemination to non-privileged parties of 

said information was highly offensive to Plaintiff and would be highly offensive to a reasonable 

person of ordinary sensibilities. 

WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra.

COUNT TEN 

PUBLIC DISCLOSURE OF PRIVATE FACTS - INVASION OF PRIVACY

PLAINTIFF v. DEFENDANT COLLEGE AND DEFENDANT DAVENPORT

61. The foregoing paragraphs are incorporated herein in their entirety as if set forth in full. 

62. Defendant College and Defendant Davenport breached their confidential relationship

with Plaintiff by disclosing personal information to non-privileged parties. 

63. At all times relevant herein, Defendant College and Defendant Davenport had an 

affirmative duty to keep Plaintiff’s personal information confidential. 

64. At all times relevant herein, Defendant College and Defendant Davenport released 

confidential information of and concerning Plaintiff that directly harmed Plaintiff in the 

aforementioned ways. 

65. Defendants’ unprivileged release of Plaintiff’s personal information was highly offensive 

to Plaintiff and would offend a reasonable person of ordinary sensibilities.

WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra.

COUNT ELEVEN 

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 

PLAINTIFF v. ALL DEFENDANTS

66. The foregoing paragraphs are incorporated herein in their entirety as if set forth in 

full. 

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67. In intentionally and willfully engaging in the foregoing acts of sexual harassment, 

retaliation, and invasion of privacy against Plaintiff, Defendants intentionally inflicted severe 

emotional distress upon Plaintiff, causing physical, mental and other impacts upon Plaintiff. 

WHEREFORE, Plaintiff seeks the damages set forth in the ad damnum clause of the 

instant Complaint, infra.

AD DAMNUM CLAUSE/PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that the Court enter judgment in her favor and against 

Defendants and that it enter an Order providing that: 

A. Defendant College and Defendant Follett are to be permanently enjoined from 

discriminating or retaliating against Plaintiff on any basis forbidden by Title VII of the 

Civil Rights Act of 1964, as amended, the Pennsylvania Human Relations Act, and other 

applicable federal and state law; 

B. Defendant College and Defendant Follett are to promulgate and adhere to a policy 

prohibiting retaliation for Title VII and PHRA - protected activity, gender discrimination, 

and sexual harassment; 

C. Defendant College and Defendant Follett are to compensate Plaintiff, reimburse Plaintiff, 

and make Plaintiff whole for any and all pay and benefits Plaintiff would have received 

had it not been for their illegal actions, including but not limited to back pay, front pay, 

salary, pay increases, bonuses, insurance, benefits, training, promotions, reinstatement, 

and seniority. 

D. Plaintiff is to be awarded actual damages, as well as damages for the pain, suffering, and 

humiliation caused by the actions of Defendant College, Defendant Follett, and 

Defendant Davenport; 

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E. Plaintiff is to be awarded punitive damages as permitted by applicable law, in an amount 

believed by the Court or trier of fact to be appropriate to punish Defendant College, 

Defendant Follett, and Defendant Davenport for their willful, deliberate, malicious, and 

outrageous conduct and to deter them and/or other persons or entities from engaging in 

such misconduct in the future; 

F. Plaintiff is to be accorded all such other legal and/or equitable relief as the Court deems 

just proper, and appropriate; 

G. Plaintiff is to be awarded the costs and expenses of this action and reasonable attorneys’ 

fees as provided by applicable federal and state law; 

H. Any verdict in favor of Plaintiff is to be judicially molded to provide Plaintiff the

maximum financial recovery in light of the damage caps set forth in 42 U.S.C. § 1981a, 

as mandated by the decision of the Third Circuit Court of Appeals in Gagliardo v. 

Connaught Laboratories, 311 F.3d 565, 570-71 (3d Cir. 2002); 

I. Plaintiff be granted such additional injunctive or other relief as she may request during

the pendency of this action in an effort to ensure Defendants do not engage – or cease 

engaging - in illegal retaliation against Plaintiff or other witnesses to this action;

J. That the Court is to maintain jurisdiction of this action after verdict to ensure compliance

with its Orders therein; 

K. Plaintiff’s claims against Defendants are to receive a trial by jury to the extent allowed by 

applicable law. Plaintiff has also endorsed this demand on the caption of this Complaint 

in accordance with Federal Rule of Civil Procedure 38(b). 

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15

Respectfully submitted, 

TIMOTHY M. KOLMAN & ASSOCIATES 

BY: ____________________________________ 

Wayne A. Ely 

Timothy M. Kolman 

Attorney for Plaintiffs 

225 N. Flowers Mill Road 

Langhorne, PA 19047 

(215) 750-3134 

February 28, 2005 

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