A federal judge in Anchorage has dismissed a race discrimination and sexual harassment suit against Alaska Career College by a former therapeutic massage program student.
Senior U.S. District Judge Ralph Beistline found no legal or factual basis for any of the claims against the proprietary school.
According to the decision, Maceo Melton, who enrolled in the program in 2012, received “sexist, racist and otherwise inappropriate comments and text messages” from a female instructor. When he complained to the dean, he was told to address the situation with the instructor.
However, after Melton shared the text messages, the college took action and the instructor quit, the decision said.
Melton’s suit accused the college of lacking clear written sexual harassment policies and failing to act on earlier incidents involving the same instructor. The suit also raised retaliation and whistleblower claims.
In rejecting the suit, Beistline ruled that the college can’t be held liable under Title IV, Title VII and Section 1981 because it’s a proprietary institution and because Melton wasn’t an employee.
Title VII applies only to employees, the judge said, rejecting the argument that the law should apply to Melton because the college provided “hands-on vocational training.”
